Change of Zone 2463F 2 part of Title 27 of the Lincoln ...

19-106 Change of Zone 2463F

Introduce: 10-28-19

ORDINANCE NO. ____________

1

AN ORDINANCE amending the Lincoln Zoning District Maps attached to and made a

2

part of Title 27 of the Lincoln Municipal Code, as provided by Section 27.05.020 of the Lincoln

3

Municipal Code, by changing the boundaries of the districts established and shown thereon.

4

BE IT ORDAINED by the City Council of the City of Lincoln, Nebraska:

5

Section 1. That the "Lincoln Zoning District Maps" attached to and made a part of Title

6

27 of the Lincoln Municipal Code be and they are hereby amended by changing the boundaries of

7

the districts established and shown on said Maps as follows:

8

Lot 82 of Irregular Tracts (I.T.) located in the Northwest Quarter of Section 17,

9

Township 9 North, Range 7 East, of the 6th P.M., Lincoln, Lancaster County,

10

Nebraska and more particularly described as follows:

11

Commencing at the Northeast Corner of the Northwest Quarter of said Section 17;

12

Thence on the east line of the Northwest Quarter of said Section 17, on an assumed

13

bearing of S00?12'11"W, a distance of 140.00 feet to the POINT OF BEGINNING;

14

Thence continuing on the east line of the Northwest Quarter, also the east

15

line of said Lot 82, S00?12'11"W, a distance of 150.00 feet to the southeast corner

16

of said Lot 82;

17

Thence on the south line of said Lot 82, N89?57'12"W, a distance of 150.00

18

feet to the southwest corner of said Lot 82;

19

Thence on the west line of said Lot 82, N00?12'11"E, a distance of 240.00

20

feet to the northwest corner of said Lot 82;

21

Thence on the north line of said Lot 82, S89?57'12"E, a distance of 120.00

22

feet to a point on the west line of South 48th Street;

23

Thence on the west line of South 48th Street, S00?12'11"W, a distance of

24

90.00 feet;

25

Thence S89?57'12"E, a distance of 30.00 feet to the POINT OF

26

BEGINNING and containing a calculated area of 0.76 acres.

27

be and they are hereby (1) transferred from the O-2 Suburban Office District to the B-2 Planned

28

Neighborhood Business District; (2) designated a Planned Unit Development District pursuant to

29

and in accordance with Chapter 27.60 of the Lincoln Municipal Code entitled "Planned Unit

1

Development District"; and (3) governed by all the provisions and regulations pertaining to the B-

2

2 Planned Neighborhood Business District except as modified in Section 2 below.

3

Section 2. That the amendment to the Highpointe Addition Planned Unit Development

4

Plan ("Development Plan") submitted by The 3 Amigos Properties, LLC, ("Permittee") along with

5

the Permittee's application and site plan, be and the same is hereby approved upon condition that

6

the use and operation of the property within the Planned Unit Development District under the

7

Development Plan by Permittee be in substantial compliance with the Permittee's application, the

8

site plan, and the following express terms and conditions:

9

1. This Ordinance permits 182 dwelling units and 21,100 square feet of commercial

10

floor area within the Planned Unit Development with the following waivers:

11

A. Reduction of the side yard setback along the west property line from 20 feet

12

to 13 feet for the building and from 20 feet to 10 feet for the parking, on Lot

13

3 only.

14

B. Adjustment to parking requirements for the B-2 zoning district to 1:300,

15

regardless of use.

16

2. Before receiving building permits, the Permittee shall cause to be prepared and

17

submitted to the Planning Department a revised and reproducible final plot plan including 4 copies

18

with all required revisions and documents as listed below upon approval of the planned unit

19

development by the City Council:

20

A. Remove from General Notes, "The Parking requirement is one space per

21

300 square feet of floor area, regardless of use."

22

B. Add under Waivers, "Adjustment to parking requirements for the B-2

23

zoning district to 1:300, regardless of use."

-2-

1

C. Revise the Waiver regarding setback to say, "Side yard setback along west

2

property line from 20' to 13' for the building and from 20' to 10' for parking

3

on Lot 3 only."

4

D. Add to the General Notes, "Signs need not be shown on this site plan, but

5

all signs need to be in compliance with Chapter 27.69 of the Lincoln Zoning

6

Ordinance and must be approved by the Building & Safety Department prior

7

to installation."

8

E. Revise the Vicinity Map so it's legible.

9

3. Before receiving building permits, the Permittee shall provide the following

10

documents to the Planning Department:

11

A. Verification from the Register of Deeds that the letter of acceptance as

12

required by the approval of the planned unit development has been

13

recorded.

14

B. Verification that the required easements as shown on the site plan are

15

recorded with the Register of Deeds.

16

4. Before occupying the dwelling units/buildings, all development and construction

17

shall substantially comply with the approved plans.

18

5. All privately-owned improvements shall be permanently maintained by the

19

Permittee or an appropriately established homeowners association approved by the City Attorney.

20

6. The physical location of all setbacks and yards, buildings, parking and circulation

21

elements, and similar matters must be in substantial compliance with the location of said items as

22

shown on the approved site plan.

23

7. The terms, conditions, and requirements of the ordinance shall run with the land

24

and be binding upon the permittee, its successors, and assigns.

-3-

1

8. The Permittee shall sign and return the letter of acceptance to the City Clerk. This

2

step should be completed within 60 days following the approval of the Ordinance. The City Clerk

3

shall file a copy of this Ordinance and the letter of acceptance with the Register of Deeds, filing

4

fees therefore to be paid in advance by the Permittee. Building permits will not be issued unless

5

the letter of acceptance has been filed.

6

9. The site plan as approved with this Ordinance voids SP1507, SP1507A, and

7

SP1507B and supersedes all previously approved site plans, however all Ordinances approving

8

previous permits remain in full force and effect except as specifically amended by this ordinance.

9

Section 3. This ordinance shall be published, within fifteen days after the passage

10

hereof, in one issue of a daily or weekly newspaper of general circulation in the City, or posted on

11

the official bulletin board of the City, located on the wall across from the City Clerk's office at

12

555 S. 10th Street, in lieu and in place of the foregoing newspaper publication with notice of

13

passage and such posting to be given by publication one time in the official newspaper by the City

14

Clerk. This ordinance shall take effect and be in force from and after its passage and publication

15

or after its posting and notice of such posting given by publication as herein and in the City Charter

16

provided.

Introduced by:

Approved as to Form & Legality:

_________________________________

________________________________ City Attorney

Approved this ____ day of ____________, 2019:

_______________________________________ Mayor -4-

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download