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HomeMy WebLinkAboutOrdinance - 2011-O0056 - Amending Zoning Ordinance 7084. Zone Case 2931-C - 06/23/2011First Reading June 23, 2011 Item No. 6.9 ORDINANCE NO. 2011-00056 Second Reading July 14, 2011 Item No. 5.27 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2931-C; A ZONING CHANGE FROM A-2 LIMITED TO A-2 SPECIFIC USE FOR PHASE 2 OF RENAISSANCE APARTMENTS, ON 5.2 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 1, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SA VIN GS 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. 2931-C 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 A-2 limited to A-2 Specific Use for phase 2 of Renaissance Apartments on 5.2 acres of unplatted land out of Block JS, Section 1, City of Lubbock, Lubbock County, Texas, located at south of Colgate Street and east of North Chicago Avenue, 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 required parking shall include the garages and "stacked" parking spaces behind the garage, and tied to the number of spaces indicated on the site plan. 2. THAT a freestanding sign as an entrance indication sign shall be allowed as shown on the site plan. 3. THAT the perimeter steel picket fence shall be allowed within the required setback as shown on the site plan. 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 A-2 Limited 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 40.03.3101-40.03.3I03 of Codified Zoning Ordinance No. 7084 on the property described as south of Colgate Street and east of North Chicago Avenue, 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 No/100 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 S. 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. 1 Passed by the City Council on first reading on ______ J __ u __ n ...... e_2=3__.1 ____ 2 __ 01 ___ 1 ______ _ Passed by the City Council on second reading on ______ J __ u=l..._y ___ l4__., ____ 2.a;,.Ol""'la..... ___ _ D~~~ TOM MARTIN, MAYOR Zone Case No. 2931-C page -2 of 3 ATTEST: Q ~=< ~ ~a Garza, City ~c~-c::s APPROVED AS TO CONTENT: Randy I Jenson. irector of Planning APPROVED AS TO FORM: a~J~~ Chad Weaver Assistant City Attorney vw/CityAtl/Chntlf/.oncs/lC293 t -C June 2,201 I 7.one Case :Vu . .?(}3 /-C page -3 or 3 LAND SURVEYORS CIVIL ENGINEERS Ordinance No. 2011-00056 HUGO REED AND ASSOCIATES. INC. 1601 AVENUE N I LUBBOCK. TEXAS 79401 / 906-763.5642 I FAX 606-763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 Proposed A~2 Specific Use Zoning METES AND BOUNDS DESCRIPTION of an approximately 5.2 acre tract of land located in Section 1, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the centerline of North Brentwood Avenue, same being a point in the centerline of Baylor Street, which bears N. 88°06'50" W., an approximate distance of 1904.9 feet, and S. 01 "51 '42" W ., an approximate distance of 2055.4 feet from the Northeast corner of Section 1, Block J-S, Lubbock County, Texas: THENCE N. 88°08'30" W., along the centerline of said Baylor Street, an approximate distance of 760.1 feet to a point in the centerline of North Chicago Avenue; THENCE N. 01°50'54" E., along the centerline of said North Chicago Avenue, an approximate distance of 295.6 feet to a point in the centerline of Colgate Street; THENCE S. 88"06'33" E., along the centerline of said Colgate Street, an approximate distance of 760.1 feet to a point the centerline of said North Brentwood Avenue; THENCE S. 01 °51 '4 2'' W., along the centerline of said North Brentwood Avenue, an approximate distance of 295.2 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY J I • ---, t----J I.------f _j_l__Jl__~ J_ r,;:::::::::::s:aa":08'33":::e :::::760:·:1· :=_-~:::::::::.::----0-0L-G-AT_E _ -_S_TR_EE_T _ -: " z,I___ I --· 1 1;~ z-PROPOSED A-2 SPECIFIC USE : I ,1 _ (APPROX. 5.2 ACRES) :;;'!" 0 ... 1 _ TRACT"P' \..==---IEM1ir---z:;;===:::::------' I NORTH PARK I --=-----=U~M.J::OR~=~~ST~REE~T--==~~ I ,----2!!8~~!__-----.. =~-I ~1 lw1=~"':"-"-. I 4( I ~ SECn0N 1,Bloa<~ "" I i I I s I """'- I ~ i CITY PARK I ; I ~ Ordinance No. 2011-00056 P~I __ _J L ________ _j L ---, ,--------AUBURN == STREET- I I 7 I ---------APRIL 20.2011 NORTH PARK @ I I l~~~£lc,B~!=;=~ ~ LAND SURVEYORS 1601 AVENUE N ZONE CHANGE REQUEST GRAPHIC 5! ~~~--u:i~~Jl TEXAS REGISTERED ENGIN!ERDfGRRM F-780 FAX: 808 / 763-3891