HomeMy WebLinkAboutOrdinance - 2009-O0077 - Amending Zoning Change IHC To CB-2;Zone Case 2904-A - 08/27/2009First Reading
August 27, 2009
Item No. 6.3
ORDINANCE NO. 2009-00077
Second Reading
September 10, 2009
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. 2904-A; A ZONING CHANGE FROM IHC TO CB-
2 SPECIFIC USE ON A W BLANKENSHIP ADDITION NO. 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
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 29-29 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. 2904-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock from IHC to CB-2 Specific Use on A W
Blankenship Addition No. 1, City of Lubbock, Lubbock County, Texas,
located at 330 University Avenue, subject to conditions, and being further
described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The retail parcels) on the east end will develop within the guidelines of
CB 2 OR a site plan approved by the Planning Commission at the time
the parcel is ready for construction. Should parking be located adjacent
to an adjacent street, a low screening wall shall be incorporated into the
landscaping to dilute the impact of the parking lot.
2. The proposed hotel shall have a minimum of fifteen feet (15) of setback
from the Marsha Sharp Freeway right of way.
3. The parking lot proposed in front of the theater shall be screened with a
low wall incorporated into the landscape design.
4. The proposed restaurant adjacent to the parking structure shall have a
minimum of ten feet (10') of front setback from the Marsha Sharp
Freeway right of way.
5. The proposed parking structure shall have a minimum of seven feet (7')
of setback from the Marsha Sharp Freeway right of way line and five feet
(5') on 3"d Street right of way line.
6. The proposed theater shall have a minimum of three foot (3') of setback
from the 3"d Street right of way line.
7. Whatever type of structure is developed in the location illustrated as
multi -family shall meet the average setback of the theater and the
parking garage from the 3"d Street right of way line.
8. The proposed parking structure on the site plan does not illustrate the
possibility of ground floor retail on the east side nor a rooftop patio as a
part of a restaurant or sports grill. Should that square footage occur, the
number of at grade parking spaces and available parking in the parking
structure will provide adequate parking for those businesses.
9. The proposed site plan will serve as a parking guide, including the
possibility of a lot north of 3rd Street as off site parking. Spaces in the
parking structure shall be made available to tenants/owners in the center
to alleviate any shortage that may occur adjacent to the individual
business locations.
10. A cross access and parking easement shall be recorded on the entire
parcel prior to any sales or construction. This will be the unifying feature
that allows the center to function as a unit or a "shared parking" facility.
Zone Case No. 2904-A
page -2of4
11. If Boston Avenue is dedicated, the parking structure will meet an average
of thirty five feet (3.5') of setback from the right of way, with a wider
dimension on the north and a lesser dimension on the south because of a
potential curve in Boston Avenue to meet the existing intersection on the
Marsha Sharp Freeway.
12. Each structure on the site shall have a detailed site plan with building
elevations and materials reviewed and approved by the Planning
Commission prior to issuance of a construction permit. The "flavor" of
the development will attempt to continue from the Overton North
redevelopment styles along University Avenue to the south and the style
common to the Texas Tech University campus.
13. For the frontage on University Avenue, only one (1) curb return will be
allowed, and it shall be a minimum of one hundred feet (100') north of
the intersection of University Avenue and Marsha Sharp Freeway. The
curb return may be a shared return if two (2) parcels are developed in the
"retail" tract.
14. The initial site plan submitted shall be adopted as the guide to
development, recognizing that minor amendments may be approved by
the Planning Commission.
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 29-24 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 IHC 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 29-24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described
as 330 University 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 29-31 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.
Zone Case No. 2904-A
page - 3 of 4
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 City Council on first reading this 27th day of August , 2009.
Passed by the City Council on second reading this loth day of September , 2009.
ATTEST:
cp'
Rebec a Garza, City Secretary
APPROVED ,AS TO CONTENT:
a 4
av-t.
Randy Hensonf irector of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/ZC2904-A
August 6,2009
TOM MARTIN, MAYOR
Zone Case No. 2904-A
page -4of4
s
Ordinance No. 2009-00077
EXHIBIT "A"
Page 2 of 2
Field Notes
Field notes on a 0.6504 acre tract of land out of a tract of land quit claim to the State of
Texas as described in Volume 6729, Page 1, Real Property Records of Lubbock County,
Texas, located in Section 20, Block A, said 0.6504 acre tract of land being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with cap set in the South right-of-way line of Santa Fe
Drive, for the Southwest corner of this tract which bears South 90' East a distance of
1392.87 feet and North 00' East a distance of 516.51 feet from the Southwest corner of the
Southeast Quarter of Section 20, Block A, Lubbock County, Texas;
(1) THENCE North 53°54' East, along the South right-of-way line of said Santa Fe
Drive, a distance of 192.46 feet to a 1/2" iron rod with cap set in the South right-of-way line
of 3rd Street for the Northwest corner of this tract;
(2) THENCE South 90' East, along the South right-of-way line of said 3rd Street, a
distance of 169.63 feet to a 1/2" iron rod found at the Northwest corner of A.W.
Blankenship Addition to the City of Lubbock, Lubbock County, Texas, according to the
map, plat and/or dedication deed thereof recorded in Volume 477, Page 216, Deed Records
of Lubbock County, Texas and the Northeast corner of this tract;
)
(3) THENCE South 53°54' West, along the North line of said A.W. Blankenship
Addition, a distance of 374.45 feet to a 1/2" iron rod found in the East right-of-way line of
Boston Avenue, at a corner of said A.W. Blankenship Addition and the Southwest corner of
this tract;
(4) THENCE North 11 °54'36" West, along the East right-of-way line of said Boston Avenue,
a distance of 109.64 feet to the Point of Beginning.
CONTAINING an area of 0.6504 acres of land.
I hereby certify that this plat is based on the ground survey made under my supervision.
February 6, 2009
March 11, 2009: revised to correct metes and bounds.
Brent Carroll
Registered Professional
Land Surveyor No. 5410
State of Texas
Ordinance No. 2009-00077
EXHIBIT "A"
Page 2 of 2
Field Notes
Field notes on a 0.2031 acre tract of land being a portion of Santa Fe Drive located in Section 20, Block A,
located in Section 20, Block A, said 0.2031 acre tract of land being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2" iron rod with cap set in the South right-of-way line of Santa Fe Drive for the Southwest
corner of this tract which bears South 90' East a distance of 1392.87 feet and North 00' East a distance of
516.51 feet from the Southwest corner of the Southeast Quarter of Section 20, Block A, Lubbock County,
Texas;
(1) THENCE North 11'54'36" West a distance of 75.28 feet to a 1/2" iron rod with cap set for a
corner of this tract;
(2) THENCE North 00' East, along the East right-of-way line of Boston Avenue, a distance of
18.70 feet to a 1/2" iron rod with cap set in the West line of Lot C, Blankenship Addition No. 2, an Addition
to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof
recorded in Volume 1367, Page 579 and Volume 1369, Page 763, Deed Records of Lubbock County, Texas
and the North right-of-way line of Santa Fe Drive, for a corner of this tract;
(3) THENCE Southeasterly, continuing along the West line of said Lot C, and the North Line of
said Santa Fe Drive, along a curve to the left, said curve having a radius of 15.00 feet, a central angle of
126°04'57", tangent lengths of 29.49 feet and a chord distance of 26.74 feet to a 1/2" iron rod with cap set in
the South line of said Lot C, for a corner of this tract;
r (4) THENCE North 53°54' East, along the South line of said Lot C and the North line of said Santa
_ Fe Drive, a distance of 10.40 feet to a 1/2" iron rod with cap set for a corner of this tract;
(5) THENCE Northwesterly, along the East line of said Lot C and continuing along and the North
line of said Santa Fe Drive, along a curve to the left, said curve having a radius of 15.00 feet, a central angle
of 143°5F21" tangent lengths of 46.40 feet and a chord distance of 28.52 feet to a 1/2" iron rod with cap set
in the South right-of-way of 3rd Street and in the North line of said Lot C, for a corner of this tract;
(6) THENCE South 90' East, along the South right-of-way of said 3rd Street, a distance of 147.59
feet to a 1/2" iron rod with cap set in the South right-of-way line of said Santa Fe Drive for, the Northeast
corner of this tract;
(7) THENCE South 53°54' West, along the South right-of-way line of said Santa Fe Drive, a
distance of 192.46 feet to the Point of Beginning.
CONTAINING an area of 0.2031 acres of land.
I hereby certify that this plat is based on the ground survey made under my supervision.
February 6, 2009
March 11, 2009: revised to correct metes and bounds.
Brent Carroll
Registered Professional
Land Surveyor No. 5410
State of Texas
Exhibit A
Ordinance No. 2009-00077
320 University
METES AND BOUNDS DESCRIPTION of a portion of A.W. Blankenship Addition No. 1, to
the Cit of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed
thereof recorded in Volume 477, Page 216 of the Deed Records of Lubbock County, Texas, being
further described as follows:
BEGINNING at 1/2" iron rod in the East right-of-way line of Boston Avenue as described in
Volume 5559, Page 216 of the Real Property Records of Lubbock County, Texas and in the
Southeast line of a 91.515 acre tract as described in Volume 6729, Page 1 of the Real Property
Records of Lubbock County, Texas, at the most Westerly Northwest corner of this tract which
bears N. 56"14'06" E. a distance of 592.85 feet from the original Southwest corner of A.W.
Blankenship Addition No. 1;
THENCE N. 56"14'06" E., along the Southwest line of said 91.515 acre tract, a distance of
374.47 feet to a 1/2" iron rod found in the South Right-of-way line of 3rd Street as dedicated by
plat recorded in Volume 477, Page 216 of the Deed Records of Lubbock County, Texas at the
most Northerly Northwest corner of this tract;
THENCE S. 87"38'52" W., along said South right-of-way line, at 831.89 feet pass a 1/2" iron rod
with cap found in reference, continuing for a total distance of 867.61 feet to a "MAG" nail with
washer set in the West right-of-way line of University Avenue as dedicated by plat recorded in
Volume 477, Page 216 of the Deed Records of Lubbock County, Texas for the Northwest corner
of this tract;
THENCE S. 07"18'08" W., along said West right-of-way line, a distance of 143.63 feet to a point
of interaction in the West right-of-way line of University Avenue as described in Volume 5559,
Page 216 of the Real Property Records of Lubbock County, Texas;
THENCE N. 82"41'50" W., continuing along said West right-of-way line, a distance of 9.00 feet
to a 1/2" iron rod cap set for a corner of this tract;
THENCE S. 07"18'08" W., continuing along said West right-of-way line, a distance of 156.51
feet to a point for the most Easterly Southeast corner of this tract, from whence a "MAG" nail
with washer set in reference bears N. 82"41'52" W. a distance of 27.34 feet;
THENCE S. 49"44'44" W., continuing along said West right-of-way line, a distance of 36.90 feet
to a railroad spike found in the North right-of-way line of the Marsha Sharp Freeway as described
in Volume 5559, Page 216 of the Real Property Records of Lubbock County, Texas, at the
Southwest corner of this tract;
THENCE N. 87"48'39" W., along said North right-of-way line, a distance of 1085.82 feet to a
1/2" iron rod with cap found in the last right-of-way line of Boston Avenue as described in
Volume 5559, Page 216 of the Real Property Records of Lubbock County, Texas, at the
Southwest corner of this tract;
THENCE N. 09"33'36" W., along said West right-of-way line, a distance of 107.91 feet to the
Point of Beginning.
Contains: 338,925 square feet — 7.781 acres.
Bearings are based on TxDOT Interstate Highway No. 27control points, Lambert Grid System,
Texas North Central Zone.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me r-hol/nAn a Nc
day personally appeared Mary Elizabeth George
Corporation, publishers of the Lubbock Avalanche-Joumal -Mom
did dispose and say that said newspaper has run continuously fc
insertion of this Legal Notice.
No.
printed copy of the Legal Notice is a
Av*nche-Joumal on the following dates: C-1 ,
LUBBOCK AVALANCH y C0Mftsbn Expires 4-
Morris Communication
14,a(Jh
r,t ,
County, Texas on this
fi'westem Newspaper
by me duly sworn
prior to the first
nty, Texas and the attached
and was printed in the Lubbock
3 S IK -
NO ARY PUBLI n and for the State of Texas
my commission Expires �i1'_1aoiZ 41JAGW
Subscribed and swom to before me this °� day of Q x'-4 dV4 apn %
FORM 58-10
J 1
3
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this
day personalty appeared Mary Elizabeth George of the Southwestern Newspaper
Corporation, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly swom
did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
insertion of this Legal Notice
No. at Lubbock County, Texas and the attached
printed copy of the Le al Notice _ is a true copy of the original and was printed in the Lubbock
Avalanche-Joumal on the following dates: n pi7't, '�)D , e22C70 7 Ik i-C(S� ZR
my commission Expires
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
Subscribed and swom to before me this day of
FORM 58-10
State of Texas
W28/2012
W
WENOYJ.KNOX
E NOTARY PUBLIC
State of Texas
Comm. Exp. 04-28-2012