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HomeMy WebLinkAboutOrdinance - 2012-O0067 - Zone Case 2573-M - 06/21/2012First Reading June 21, 2012 Item No. 6.10 ORDINANCE NO. 2012-00067 Second Reading July 12, 2012 Item No. 5.31 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-M; A ZONING CHANGE FROM C-3 TO A-2 SPECIFIC USE FOR PHASE TWO OF THE RENAISSANCE APARTMENTS, ON 2.3 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 1, 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 �sented to the Planning and Zoning Commission for its recommendation which was eived by the City Council and, after due consideration, the City Council found that due changed conditions, it would be expedient and in the interest of the public health, ety 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: E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.2573-M SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are ended as follows: A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from C-3 to A-2 Specific Use for phase two of the Renaissance Apartments on 2.3 acres of unplatted land out of Block JS, Section 1, City of Lubbock, Lubbock County, Texas, located at Colgate Street, west of North Slide Road, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a perimeter wrought iron fence may be on the property line, but must honor the vision triangle for adjacent streets. 2. THAT required parking shall allow a vehicle in a garage and a vehicle parked behind in the drive, so called "tandem parking". 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 C-3 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 Colgate Street, west of North Slide Road, 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. AND IT IS SO ORDERED. Passed by the qty Council on first reading on June 21, 2012 Passed by the City Council on second reading on July 12, 2012 i .." R TSON. MAYOR Zone Case No. 25 73-M page -2of3 ATTEST: Reb kcca Garza, City Secretar APPROVED AS TO CONTENT: ilRandy Henson, Di for of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/Ci tyAtt/Chadlones/ZC25 73-M June 7, 2012 Zone Case No. 25 73-M page - 3 of 3 Ordinance No. 2012-00067 him HUGO REED AND ASSOCIATES, INC. toll I I III i i i H Him, 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806-763-5642 / FAX 806-763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS Proposed A-2 Specific Use Zoning METES AND BOUNDS DESCRIPTION of an approximately 2.3 acre tract of land located in Section 1, Block JS, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the center line of Colgate Street, which bears N. 88006'50" W., an approximate distance of 1345.1 feet and S. 01 051'42" W., an approximate distance of 1760.2 feet from the Northeast corner of Section 1, Block JS, Lubbock County, Texas; THENCE S. 15009'47" E., an approximate distance of 287.3 feet; THENCE S. 01 053'27" W., an approximate distance of 219.9 feet; THENCE S. 29008'15" E., an approximate distance of 56.0 feet to a point in the Eastern boundary line of Tract "F", North Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in County Clerk File Number 2010029571, Official Public Records of Lubbock County, Texas; THENCE N. 88008'15" W., along the Eastern boundary of said Tract "F", an approximate distance of 55.0 feet; THENCE N. 43008'15" W., continuing along the Eastern boundary of said Tract "F", an approximate distance of 317.1 feet; THENCE N. 01 051'45" E., continuing along the Eastern boundary of said Tract "F", at approximately 288.4 feet pass the South right-of-way line of said Colgate Street, continuing for a total approximate distance of 318.4 feet to a point in the center line of said Colgate Street; THENCE S. 88006'33" E., along the center line of said Colgate Street, an approximate distance of 166.4 feet to the Point of Beginning. 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