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HomeMy WebLinkAboutOrdinance - 2021-O0051 - Zone Case 3430First Reading April 27, 2021 Item No. 7.8 ORDINANCE NO. 2021-00051 Second Reading May 11, 2021 Item No. 9.8 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3430; A ZONING CHANGE FROM T TO C-2 AND R-1 SPECIFIC USE FOR GARDEN HOMES, GENERALLY LOCATED NORTH OF 110TH STREET AND WEST OF MILWAUKEE AVENUE, ON 28.15 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 22, LUBBOCK, TEXAS; 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, the 2040 Future Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and the City Council determine the physical development of the community; however, planning is a continuous process and change is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council recognize that the zone change is a minor deviation from the 2040 Future Land Use Plan, which protects the public and private commitments that have been previously based on the Plan; 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-Joumal 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.3430 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from T to C-2 and R-1 Specific Use zoning district for Garden Homes generally located north of 110th Street and west of Milwaukee Avenue, on 28.15 acres of unplatted land out of Block AK, Section 22, City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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 T 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 generally located north of 110th Street and west of Milwaukee Avenue, on 28.15 acres of unplatted land out of Block AK, Section 22, 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. Zone Case No. 3430 Page - 2 AND IT IS SO ORDERED. Passed by the City Council on first reading on April 27, 2021 Passed by the City Council on second reading on May 11, 2021 ATTEST: )\/(— Retreck,Garza, City Secreta y APPROVED AS TO CONTENT: Bry Isham, D ector of Planning APPROVED AS TO FORM: K li Leisure, Assistant City Attorney v w/C i tyAit/Ke I I i/%ones/%C3430 April I, 2021 DANIEL M. POP , MAYOR Zone Case No. 3430 Page - 3 ITEG'E/V TERL //VE ----------------- ENG//VEER/IVG & ----------------- G'z71vHL1L T/NG, L L 0 R-1 Specific Use Zone Description 8312 Upland Ave Lubbock, TX 79424 (o) 806.470.8686 www.CenterlineEngineering.net BEING a tract of land out of the Southeast Quarter (SE/4) of Section Twenty Two (22), Block AK, Lubbock County, Texas, is further described by metes and bounds as follows; BEGINNING at a Point in the North right -of -way line of 110th Street recorded in Street Dedication Deed Volume 1237, Page 531 Official Public Records, Lubbock County, Texas, for the Southeast Corner of this tract; THENCE N 88004'51" W a distance of 402.03 feet along the North right-of-way line of said 11011 Street to a point for this tract; THENCE N 1054'21" E a distance of 362.13 feet to a point for this tract; THENCE N 88009'20" W a distance of 222.17 feet to a point for this tract; THENCE S 1 °54'21" W a distance of 362.13 feet to a point for this tract in said North right-of-way line of 110a' street; THENCE N 88005'56" W a distance of 865.97 feet along the North right-of-way line of said 110°i street to a point for the Southwest Corner of this tract; THENCE N 1 °54'04" E a distance of 754.50 feet to a point for the Northwest Corner of this tract; THENCE S 88005'56" E a distance of 1480.17 feet to a point for the Northeast Comer of this tract; THENCE S 1 °54' 04" E a distance of 744.72 feet to a point for this tract; THENCE S 43005'56" E a distance of 14.14. to the POINT OF BEGINNING and containing within these calls a calculated area of 23.79 acres more or less. CENTERL//VE — - — - — - — - — - — - — - — - — 8312 Upland Ave ENG//VEER/NG cS'r Lubbock, TX 79424 CONSULTlvo, L L C (o)806.470.8686 ITE www.CenterlineEngineering.net C-2 Zone Description BEING a tract of land out of the Southeast Quarter (SE/4) of Section Twenty Two (22), Block AK, Lubbock County, Texas, is further described by metes and bounds as follows; BEGINNING at a Point in the West right-of-way line of Milwaukee Ave recorded in Street Dedication Deed Volume 1237, Page 531 Official Public Records, Lubbock County, Texas, for the Northeast Corner of this tract; THENCE S l °54'04" W a distance of 754.48 feet along said West right-of-way line to the Southeast Corner of this tract; THENCE N 88004'51" W a distance of 241.83 feet along the North right -of -way line of 110a' Street recorded in Street Dedication Deed Volume 1237, Page 531 Official Public Records, Lubbock County, Texas, to a Point; THENCE N 43005'56" W a distance of 14.14 feet to a point; THENCE N 1 °54'04" E a distance of 744.72 feet to a point for the Northwest Corner of this tract; THENCE S 88005'56" E a distance of 251.83 to the POINT OF BEGINNING and containing within these calls a calculated area of 4.36 acres more or less.