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HomeMy WebLinkAboutOrdinance - 2012-O0041 - Zone Case 3048-D - 04/26/2012First Reading April 26, 2012 Item No. 6.2 ORDINANCE NO. 2012-00041 Second Reading May 3, 2012 Item No. .5.14 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3048-D; A ZONING CHANGE FROM R-1 SPECIFIC USE TO A-3 SPECIFIC USE FOR AN APARTMENT COMPLEX, ON 6.185 ACRES, INCLUDING LOTS 1-24 BLOCK 61 OVERTON ADDITION AND LOTS 1-16 BLOCK 4 OVERTON PARK ADDITION AND A PORTION OF THE ADJACENT RIGHT OF WAY, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council and, after due consideration, the City Council found that due to changed conditions, it would be expedient and in the interest of the public health, safety and general welfare to make those proposed changes in zoning; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully complied with, including giving notices in compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), and notice was duly published in the Lubbock Avalanche -Journal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice, was held in the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council determined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.3048-D SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from R-1 Specific Use to A-3 Specific Use for an apartment complex on 6.185 acres, including Lots 1-24 Block 61 Overton Addition and Lots 1-16 Block 4 Overton Park Addition and a portion of the adjacent right of way, City of Lubbock, Lubbock County, Texas, located between Mac Davis Lane and Glenna Goodacre Boulevard between Avenue U and Avenue V, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the zone change be tied to the proposed site plan with a minimum setback to be consistent with the adjacent area, no structure shall be within the standard twenty-five foot (251) visibility triangle, and tied to the elevations with the ability for minor modifications. 2. THAT the requirement for a screening fence on the east and north side of the property be waived in lieu of a steel picket decorative fence, and a seven foot (7') masonry screening fence on the south property line. 3. THAT the perimeter steel picket decorative fence and utilities shall not be allowed in the visibility triangle. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 40.03.3102 of the Codified Zoning Ordinance, which provides that a Building Permit shall be applied for and secured within thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in this case is the R-1 Specific Use zone district; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Section 40.03.3101-40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as between Mac Davis Lane and Glena Goodacre Boulevard between Avenue U and Avenue V, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No1100 Dollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. Zone Case No. 3048-D page -2of3 AND IT IS SO ORDERED. (Passed by the City Council on first reading on April 26, 2012 (Passed by the City Council on second reading on May 3, 2012 ATTEST: jRebec� Garza, City Secretary APPROVED AS TO CONTENT: 6� Ran,4 Henson, 111irektor of Planning APPROVED AS TO FORM: i Chad Weaver Assistant City Attorney vwlC i tyAtt/Ch adIonesIZC304 8-D April 3, 2012 Zip- ' TOM MARTIN, MAYOR Zone Case No. 3048-D page - 3 of 3 Ordinance No. 2012-00041 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763.3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of Block 61 (alley inclusive), Overton Addition to the City of Lubbock, Lubbock County, Texas and a portion of 7th Street located South of and adjacent to said Block 61, according to the map, plat and/or dedication deed thereof recorded in Volume 18, Page 610 of the Deed Records of Lubbock County, Texas, and Lots 1-16, Block 4, Overton Park an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 10379, Page 203 and amended under County Clerk File No. 2007021289 of the Official Public Records of, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the South right-of-way line of Mac Davis Lane and the East right-of- way line of Avenue "V" as granted by plat recorded in Volume 18, Page 610 of the Deed Records of Lubbock County, Texas for the Northwest corner of this tract, which is the original Northwest corner of Block 61, Overton Addition; THENCE N. 89°53'27" E., along said South right-of-way line and the Northern boundary of said Block 61, a distance of 600.26 feet (plat calls: 600.00 feet) to a 3/8" iron rod found in the West right-of-way line of Avenue "U" as granted by plat recorded in Volume 18, Page 610 of the Deed Records of Lubbock County, Texas at the Northeast corner of said Block 61 and this tract; THENCE S. 00006'39" E., along said West right-of-way line and the Eastern boundary of said Block 61, at 127.50 feet pass a 1/2" iron rod with cap set for the Northeast corner of a 20 foot alley as granted by plat recorded in Volume 18, Page 610 of the Deed Records of Lubbock County, Texas, at 147.50 feet pass a 1/2" iron pipe found at the Southeast corner of said 20 foot alley, continuing for a total distance of 275.00 feet to a 1/2" iron pipe found in the North right-of-way line of said 7th Street at the Southeast corner of said Block 61; THENCE S. 89°53'27" W., along said North right-of-way line and the Southern boundary of said Block 61, a distance of 4.96 feet to a 1/2" iron rod with cap set in a projection of the West right-of-way line of Avenue "U" as granted by plat recorded in Volume 10379, Page 203 of the Official Public Records of Lubbock County, Texas for a corner of this tract; THENCE S. 00005'05" E., along said projection line, at 75.00 feet pass a 1/2" iron rod with cap found in said West right-of-way line at the most Easterly Northeast corner of said Lot 1, Block 4, Overton Park, continuing along said West right-of-way line and the Eastern boundary of said Lot 1 for a total distance of 165.06 feet to a 1/2" iron rod with cap found in the North line of a 20 foot alley as granted by plat recorded in Volume 10379, Page 203 of the Official Public Records of Lubbock County, Texas at the most Easterly Southeast corner of said Lot 1 and this tract; THENCE S. 44054'08" W., along said North alley line and the Southern boundary of said Lot 1, a distance of 14.15 feet to a 1/2" iron rod with cap found at the most Southerly Southeast corner of said Lot 1 and this tract; THENCE S. 89`53'21" W., continuing along said North alley line and the Southern boundary of said Lot 1, and along the Southern boundary of said Lots 2-16, Block 4, Overton Park, a distance of 575.22 feet to a 1/2" iron rod with cap set for the most Southerly Southwest corner of said Lot 16 and this tract; NOTICE: This electronic file is provided for convenience purposes and is a verbatim copy of a certified description retained on file at Hugo Reed and Associates, Inc. In any case of discrepancy, the certified description governs. THENCE N. 45°06'39" W., continuing along said North alley line and the Southern boundary of said Lot 16, a distance of 14.14 feet to a 1/2" iron rod with cap found in the East right-of-way line of Avenue "V" as granted by plat recorded in Volume 18, Page 610 of the Deed Records of Lubbock County, Texas at the most Westerly Southwest corner of said Lot 16 and this tract; THENCE N. 00006'39" W., along said East right-of-way line, at 90.08 feet pass a 1/2" iron rod with cap found in South right-of-way line of said 7th Street at the most Westerly Northwest corner of said Lot 16, at 165.08 feet pass a 1/2" iron rod with cap set in the North right-of-way line of said 7th Street at the Southwest corner of said Block 61, continuing along said East right-of-way line and the Western boundary of said Block 61, at 292.58 feet pass a 1/2" iron rod with cap set for the Southwest corner of a 20 foot alley as granted by plat recorded in Volume 18, Page 610 of the Deed Records of Lubbock County, Texas, at 312.58 feet pass a 1/2" iron rod with cap set for the Northwest corner of said 20 foot alley, continuing for a total distance of 440.08 feet to the Point of Beginning. Contains: 269,182 square feet or 6.180 acres. Bearings are relative to the recorded final plat of 1-21, Block 1, Lots 1-35, Block 2, Lots 1-27, Block 3 and Lots 1- 29, Block 4, Overton Park an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 10379, Page 203 and amended under County Clerk File No. 2007021289 of the Official Public Records of, Lubbock County, Texas. NOTICE: This electronic file is provided for convenience purposes and is a verbatim copy of a certified description retained on file at Hugo Reed and Associates, Inc. In any case of discrepancy, the certified description governs.