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HomeMy WebLinkAboutOrdinance - 2016-O0107 - Zone Case 1123-E - 07/28/2016First Reading July 14, 2016 Item No. 7.2 ORDINANCE NO. 2016-00107 Second Reading July 28, 2016 Item No. 7.7 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1123-E; A ZONING CHANGE FROM R-1 AND C-4 SPECIFIC USE TO C-4 SPECIFIC USE FOR AN ADVENTURE PARK, ON 20.0 ACRES OF PLATTED AND UNPLATTED LAND OUT OF BLOCK B, SECTION 17, LOT 306-B AND WEST 60 FEET OF LOT 305, MIDWAY PARK ADDITION, 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 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. 1123-E 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 R-1 and C-4 Specific Use to C-4 Specific Use for an Adventure Park on 20.0 acres of platted and unplatted land out of Block B, Section 17, Lot 306-B and West 60 feet of Lot 305, Midway Park Addition, City of Lubbock, Lubbock County, Texas, located at 5110 29" Drive, 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 property be tied to the proposed site plan, including minimum setbacks for the zip line. Minor adjustments to the buildings on the site plan shall be allowed as building plans are finalized. The uses on the property shall be included on the site plan., attached hereto as "Exhibit B," and no additional uses shall be allowed except those listed in this section. The uses on the property shall be limited to the following: a. Miniature golf, b. Go- karts, c. Bumper boats, d. Paddle boats, e. Zip line, f. Ropes course, g. Playground, h. Yard games (bocce ball, horseshoes, or other similar type activities), i. Nature and bike trail, j. Elevated decks and walkways, k. Group pavilion, and 1. Multi -Purpose Building that will be used for: i. Laser tag, ii. Bowling, iii. Restaurant, iv. Game room, v. Party room, vi. Tenant lease space, and vii. Other Adventure Park business located inside the Multi -Purpose Building and similar in nature to those listed in (i) — (vi) above. 2. THAT any noise that is uniquely attributable to the Adventure Park shall comply with Section 40.03.2232(e) of the City of Lubbock Code of Ordinances and any and all other applicable laws and regulations. 3. THAT any go-kart operating at the Adventure Park shall be a 2015 model or newer, and shall be equipped with a silencer or muffler. 4. THAT any platform on the zip line poles'towers shall be no higher than an elevation of 3280 NAVD88. So long as the zip line is in operation, Adventure Park shall maintain the preexisting tree landscaping buffer along the east property line within the Adventure Park property. 5. THAT the zip line not be operated after 10:00 PM CST during daylight saving time (spring and summer) and after 9:00 PM CST non -daylight saving time (fall and winter). Any lighting on the zip line course shall not produce any glare on adjacent properties. Zone Case No. 1123-E page - 2 of 4 6. THAT the screening fence requirement be waived along the northern property lines and replaced with a tree landscaping buffer. An eight foot (8') solid screening fence shall be required at all times along the east property line. The west and north property lines shall have a ranch style fence. 7. THAT the northern property line shall have a tree line buffer consisting of Afghan Pines or an equivalent type of tree. At the time of their planting, the minimum size of the root ball of the Afghan Pines, or an equivalent type of tree, shall fill thirty gallon (30 gal.) containers, and they shall be planted no more than fifteen feet (15') apart on center. 8. THAT the paddle boats shall not cross property lines. Adventure Park shall make reasonable efforts to visually mark the property lines for the users of the paddle boats. 9. THAT all alcohol sales shall be consistent with TABC regulations. 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 R-1 and C-4 Specific Use 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 5110 29th Drive, 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 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 on July 14, 2016 Passed by the City Council on second reading on July 28, 2016 Zone Case No. 1123-E page - 3 of 4 ATTEST: Re6 .ca Garza, City Secr to APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: n Pkuitt, Ass'trStant City Attorney v%viCityAtt/Justim'Zones:ZCI 123-E (Amended) July 27, 2016 DANIEL M. POPE, MAYOR Zone Case No. 1123-E page -4of4 HUGO REED AND ASSOCIATES, INC. PA RM a 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-5842 1 FAX 806/793-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676.00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" PROPOSED C-4 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 20.0 acre tract of land being all of Lot 306-B Midway Park Addition, the West 60.00 feet of Lot 305 Midway Park Addition and unplatted tract of land located in Section 17, Block B, Lubbock County, Texas, all being further described as follows: BEGINNING at a point in the East right-of-way line of 29th Drive for the most Westerly Northwest corner of this tract, same being the Northwest corner of said Lot 306-B, Midway Park Addition; THENCE N. 55°45'08" E., along the Northern boundary of said Lot 306-B, an approximate distance of 681.8 feet to a point for a corner of this tract; THENCE N. 01 °53'45" E. an approximate distance of 747.8 feet to a point for the most Northerly Northwest corner of this tract; THENCE S. 88°05'15" E. an approximate distance of 758.8 feet to a point for the Northeast corner of this tract; THENCE S. 01 °54'54" W. an approximate distance of 727.5 feet to a point in the North line of an alley for the most Easterly Southeast corner of this tract; THENCE S. 55°41'42" W., along said North alley line, an approximate distance of 631.8 feet to a point for the most Southerly Southeast corner of this tract; THENCE N. 79°14'06" W., continuing along said North alley line, an approximate distance of 14.1 feet to a point; THENCE N. 34°14'06" W., continuing along said North alley line, an approximate distance of 205.1 feet to a point for a corner of this tract; THENCE S. 55°45'54" W., continuing along said North alley line, an approximate distance of 168.4 feet to a point for a corner of this tract; THENCE S. 66°39'02" E. an approximate distance of 23.7 feet to a point in the Southern boundary of said Lot 306-B and the Northern boundary of said Lot 305 for a corner of this tract; THENCE S. 55°45'54" W., along the Southern boundary of said Lot 306-B and Northern boundary of said Lot 305, an approximate distance of 419.5 feet to a point; THENCE S. 01°52'23" W., continuing along the Southern boundary of said Lot 306-B and Northern boundary of said Lot 305, an approximate distance of 49.0 feet to a point; THENCE S. 34°19'08" E. an approximate distance of 220.5 feet to a point in the North right-of-way line of U.S. Highway 62- 82 for a corner of this tract; THENCE S. 55°45'12" W., along the North right-of-way line of said U.S. Highway 62-82, an approximate distance of 60.0 feet to a point in the East right-of-way line of said 29th Drive for the Southwest corner of this tract; THENCE N. 34°20'25" W. an approximate distance of 496.9 feet to the Point of Beginning. 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