HomeMy WebLinkAboutOrdinance - 2018-O0140 - Amending Zoning Ordinance 7084. Zone Case 3292-A - 12/06/2018First Reading
December 6, 2018
Item No. 7 .3
ORDINANCE NO. 2018-00140
Second Reading
December 17, 2018
Item No. 7.2
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKJNG THE
FOLLOWING CHANGES: WNE CASE NO. 3292-A; A ZONING CHANGE
FROM CA SPECIFIC USE FOR A MIXED USE STRUCTURE TO AM
SPECIFIC USE FOR A HOTEL AND A3, ON S PT OF W369.69'OF L A, UNIT
101-109, 111-121, 201-222 & 201-322 SAVOY CONDOS W369.69'OF MID PT LA,
S8987 SQFT OF N/PT OF W369.69' OF LA, N/PT OF W369.69 OF LA LESS
S9191 SQFT, BLANKENSHIP #2 ADDITION, LUBBOCK, TEXAS; SUBJECT TO
REQUIREMENTS; 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 Laning 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. 3292-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under prov1s10ns of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from CA Specific Use for a mixed use
structure to AM Specific Use for a hotel and A3 on 5 PT OF W369.69'OF L
A, UNIT 101-109, 111-121, 201-222 & 201-322 SAVOY CONDOS
W369.69'OF MID PT L A, S8987 SQFT OF N/PT OF W369.69' OF L A,
N/PT OF W369.69 OF L A LESS S9191 SQ}'T, Blankenship #2 Addition,
City of Lubbock, Lubbock County, Texas. located North of 4th Street, Eust of
Detroit Avenue, 2812 & 2830 4rh Street, 301 & 303 Detroit Avenue, 2801,
2805, 2809 3rd Street, subject to requirements, and being further described as
follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING REQUIREMENTS:
1. THAT one access point each shall be permitted on 4th Street & 3rd
Street (unless additional access points are required by the Fire
Marshal); and
2. THAT the fa-;ade only abutting 4th Street shall have an exterior
composition or facade of not less than seventy-five (75) percent
masonry (such as brick, stone, stucco, exposed aggregate, finished
concrete or decorative concrete block), wood, glass or architectural
decorative material (such as copper, bronze, anodized aluminum,
stainless steel, porcelain enamel, natural materials or other similar
materials that do not require painting).
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 CA Specific Use for a mixed use structure 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.J101-40 .03 .J 103 of Codified Laning Ordinance No.
7084 on the property described as North of 4th Street, East of Detroit Avenue, 2812 &
2830 4th Street, 301 & 303 Detroit Avenue, 2801, 2805, 2809 3rd Street, City of
Lubbock, Lubbock County, Texas.
SE CTI ON 3. THAT violation of any prov1s1on of this Ordinance shall be
deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/J 00
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 pub!icat1011
of the descriptive caption of this Ordinance as an alternative method provided by !av,'.
Zone Case No. 3292-A
page -2 of 3
AND IT IS SO ORDERED.
Passed by the City Council on first reading on December 6, 2018
Passed by the City Council on second reading on December 17, 2018
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
vw1C1l} An) Amy,/.oncs, ZC3292-A
November 6, 2018
DANIEL M. POPE, MAYOR
-~-----------·--------------Zone Case No. 3292-A
page -3 of 3
(PROPERTY DESCRIPTION -PROPOSED TRACT 1 :)
BEING A 1.965 ACRE TRACT OF LOCATED IN THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, SAID 1.965 ACRE TRACT BEING PART OF LOT A, OF BLANKENSHIP ADDITION NO. 2, AN
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, SAID 1.965 ACRE TRACT
ALSO ENCOMPASSING ALL OF A TRACT OF LAND DESCRIBED TO SAVOY-TEXAS, LLC, AS
RECORDED IN DOC UM ENT NUMBER 201013921, OF THE DEED RECORDS OF LUBBOCK
COUNTY, TEXAS, SAID 1.965 ACRE TRACT ALSO BEING PART OF A TRACT OF LAND DESCRIBED
TO SAVOY CONDOMINIUMS, RECORDED IN VOLUME 2, PAGE 277, OF THE DEED RECORDS OF
LUBBOCK COUNTY, TEXAS, AND BEING MORE PARTJCULARL Y DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A POINT FOR CORNER IN THE INTERSECTION OF THE PRESENT NORTHWEST
LINE OF 4TH STREET (A VARIABLE WIDTH RIGHT OF WAY) AND OF THE PRESENT EAST LINE OF
DETROIT AVENUE (A VARIABLE WIDTH RIGHT OF WAY), BEING THE MOST SOUTWESTERLY
CORNER OF SAID 1.965 ACRE TRACT, FROM WHICH A "X" FOUND FOR REFERENCE BEARS
SOUTH 01°53'33" WEST, A DISTANCE OF 5.23 FEET;
THENCE NORTH 01°5312" EAST, ALONG THE PRESENT EAST LINE OF SAID DETROIT AVENUE, A
DISTANCE OF 251.72 FEET TO A 1/2 INCH CAPPED IRON ROD WITH YELLOW CAP STAMPED
"RPLS 5633" SET FOR CORNER, ALSO BEING THE MOST NORTHWESTERLY CORNER OF SAID
1.965 ACRE TRACT;
THENCE SOUTH 88°08'18" EAST, A DISTANCE OF 369.47 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW CAP STAMPED "RPLS 5633" SET FOR CORNER, BEING THE MOST NORTHEASTERLY
CORNER OF SAID 1.965 ACRE TRACT;
THENCE SOUTH 01°47'45" WEST, A DISTANCE OF 210.00 FEET TO A "X" FOUND FOR CORNER IN
THE PRESENT NORTHWEST LINE OF SAID 4TH STREET, ALSO BEING THE MOST
SOUTHEASTERLY CORNER OF SAID 1.965 ACRE TRACT, ALSO BEING THE BEGINNING OF A
NON TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1122.92 FEET, A DELTA OF
4"21'49", A CHORD BEARING OF SOUTH 84°41'16" WEST, A CHORD DISTANCE OF 85.50 FEET;
THENCE SOUTHWESTERLY ALONG THE PRESENT NORTHWEST LINE OF SAID 4TH STREET AN
ARC DISTANCE OF 85.52 FEET TO A POINT FOR CORNER;
THENCE SOUTH 85°38'42" WEST, ALONG THE PRESENT NORTHWEST LINE OF SAID 4TH
STREET, A DISTANCE OF 286.67 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.965
ACRES OR 85,588 SQUARE FFET OF LAND.
(PROPERTY DESCRIPTION -OVERALL TRACT:)
BEING A 4.526 ACRE TRACT OF LOCATED IN THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, SAID 4.526 ACRE TRACT BEING PART OF LOT A, OF BLANKENSHIP ADDITION NO. 2, AN
ADDITION TO THE C!TY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, SAID 4.526 ACRE TRACT
ALSO ENCOMPASSING ALL OF FOUR TRACTS OF LAND, DESCRIBED TO SAVOY
CONDOMINIUMS, RECORDED IN VOLUME 2, PAGE 277; DESCRIBED TO SAVOY CONDO
APARTMENTS LP, RECORDED IN VOLUME 9720, PAGE 52; DESCRIBED TO SAVOY-TEXAS LLC,
RECORDED IN DOCUMENT NUMBER 201013921 AND DESCRIBED TO SAVOY CONDO
APARTMENTS LP, RECORDED IN DOCUMENT NUMBER 2013010345, OF THE DEED RECORDS OF
LUBBUCK COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH CAPPED IRON ROD FOUND FOR CORNER IN THE SOUTH LINE OF 3RD
STREET (A 60 FOOT RIGHT-OF-WAY), BEING THE MOST NORTHEAST CORNER OF SAID 4.526
ACRE TRACT, FROM WHICH THE NORTHEAST CORNER OF SAID LOT A BEARS SOUTH 88°11'43"
EAST, A DISTANCE OF 130.33 FEET;
THENCE SOUTH 01 °47'45" WEST, A DISTANCE OF 512.42 FEET TO A "X" FOUND FOR CORNER IN
THE PRESENT NORTHWEST LINE OF 4TH STREET (A VARIABLE WIDTH RIGHT-OF-WAY), BEING
THE MOST SOUTHEAST CORNER OF SAID 4.526 ACRE TRACT, ALSO BEING THE BEGINNING OF
A NON TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1122.92 FEET, A DELTA OF
04°21'49", A CHORD BEARING OF SOUTH 84°41'16" WEST, A CHORD DISTANCE OF 85.50 FEET;
THENCE SOUTHWESTERLY ALONG THE PRESENT NORTHWEST LINE OF SAID 4TH STREET, AN
ARC DISTANCE OF 85.52 FEET TO A POINT FOR CORNER;
THENCE SOUTH 85°38'42" WEST, ALONG THE PRESENT NORTHWEST LINE OF SAID 4TH
STREET, A DISTANCE OF 286.67 FEET TO A POINT FOR CORNER, BEING IN THE INTERSECTION
OF THE PRESENT NORTHWEST LINE OF SAID 4TH STREET AND THE PRESENT EAST LINE OF
DETROIT AVENUE (A VARIABLE WIDTH RIGHT-OF-WAY), ALSO BEING THE MOST
SOUTHWESTERLY CORNER OF SA1D 4.526 ACRE TRACT, FROM WHICH A "X" FOUND FOR
REFERENCE BEARS SOUTH 01°53'33" WEST, A DISTANCE OF 5.23 FEET;
THENCE NORTH 01°53'12" EAST, ALONG THE EAST LINE OF SAID DETROIT AVENUE, A
DISTANCE OF 538.79 FEET TO A POINT FOR CORNER, BEING THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A DELTA OF 89°54'27", A CHORD
BEARING OF NORTH 46°51'06" EAST, A CHORD DISTANCE OF 21.20 FEET, FROM WHICH A IRON
ROD FOUND UNDER CONCRETE FOR REFERENCE BEARS NORTH 02°06'00" EAST, A DISTANCE
OF 14.98 FEET;
THENCE NORTHEASTERLY ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE
OF 23.54 FEET TO A POINT FOR CORNER, BEING IN THE SOUTH LINE OF SAID 3RD STREET;
THENCE SOUTH 88°11'43" EAST, ALONG THE SOUTH LINE OF SAID 4TH STREET, A DISTANCE
OF 354.01 FEET TO THE POINT OF BEGINNING AND CONTAIN!NG 4.526 ACRES OR 197,132
SQUARE FEET OF LAND.
NOTE: BEING THE SAME TRACT OF LAND DESCRIBED IN THE TITLE REPORT ISSUED BY
STEWART TITLE OF LUBBOCK, INC., FILE NO. 262109 ISSUED AUGUST 16,2018, EFFECTIVE JULY
31,2018.