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HomeMy WebLinkAboutResolution - 2009-R0497 - Approve Inclusion Of Islands In Streets - Orchard Park Addition - 11_05_2009Resolution No. 2009-RO497 November 5, 2009 Item No. 6.5 RESOLUTION WHEREAS, Section 25-4(a)(17) of the Code of Ordinances of the City of Lubbock (Subdivision Regulations) requires City Council approval of a street design which will include an island within the street; and WHEREAS, the Owner/Developer of the Orchard Park Addition has requested that the City Council approve a street design that will include islands in streets within the boundaries of this development, namely the streets between Quaker Avenue and Memphis Avenue, and between 107th Street and 110 Street; and WHEREAS, said islands are to remain under private ownership and will be owned and maintained as open space area by a homeowner's association; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the inclusion of islands in the streets within the boundaries of Orchard Park Addition, namely the streets between Quaker Avenue and Memphis Avenue and between 1070' Street and 114th Street to be owned and maintained by the Orchard Park Homeowners Association in accordance with the request of Dr. Jewel Davis, which request is attached hereto as Exhibit "A" and made a part hereof for all intents and purposes. THAT, as a condition of approval, if any, of subsequent islands in the streets located within the Orchard Park Development, the Developer shall be required to present to the City Engineer the design and construction of a street pavement structure adjacent to such islands that exceeds the minimum standard specifications for street paving, and that design and construction proposal must be approved by the City Engineer. Passed by the City Council this TTEST: Garza, City Secreary 5th day of November , 2009. TOM MARTIN, MAYOR STOC .E., City Engineer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney :ccdocs/RES.Subdivision Regs-Orchard Park tober 20, 2009 Resolution No. 2009-RO497 EXHIBIT "A" September 24, 2009 Honorable Mayor and City Council City of Lubbock, TX 1625 13'' Street Lubbock, TX 79457 Re: Existing and Proposed Medians in Orchard Park, Lots 1-202 Dear Honorable Mayor and City Council; Orchard Park is a residential development within the city limits of the City of Lubbock bound on the west by Quaker Avenue, the east by Memphis Avenue, the north by 107`h Street, and the south by 114`h Street. The property had been a pecan orchard for more than fifteen years prior to development. It was the intent of the development to leave or recycle as many of the existing trees as possible by using green spaces throughout the development. A preliminary plat of the development was approved by the Planning and Zoning Commission and the City Council in October 2006. We have filed the plats on three phases of development over the last three years and are in the process of constructing the fourth phase. Upon completion of the phase currently under construction we will only have one street left to develop. In all but the third phase, a single cul-de-sac built for the purpose of the 2010 Parade of Homes, there are medians within the street rights -of -way. On the face of each plat, including the approved preliminary plat, we state that the medians will be permanently owned and maintained by a Home Owners Association. The Home Owners Association has been set up and us currently being used to pay for maintenance, mowing, watering, electricity for the street lights, and the entry feature. It was brought to our attention by Marsha Reed, P.E. that we failed to officially ask the permission of the Council to allow the medians within the public rights -of -way. At this time, Orchard Park Development asks that the City Council of Lubbock, TX allow the medians within the public rights -of -way as shown on the filed plats for Lots 1-68 and Tracts A-K, Lots 69-137 and Tracts N-Y, Orchard Park and the preliminary plat for Lots 150-202 and Tracts Z and CC-LL, Orchard Park. We also ask at this time that any medians proposed for the final phase of Orchard Park be allowed with the understanding that the existing Home Owners Association will permanently own and maintain the medians. If you should have any questions for me concerning this request please do not hesitate to call me at 806-789-0979 or you can contact our land planner and civil engineer, Cory Dulin, P.E. with AMD Engineering, LP at 806-771-5976. Thank you for your consideration, Y •' Dr. Jewell Davis Orchard Park Development, L No Text