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Home My WebLink AboutOrdinance - 2013-O0017 - Zone Case 3047-E Garden Homes - 03/14/2013First Reading February 28, 2013 Item NO. 6.1 Second Reading March 14, 2013 Item No. 5.15 ORDINANCE NO.2013-00017 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3047-E; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES WITH REDUCED REAR SETBACK FOR THIRD CAR GARAGE UNITS AND REDUCED SIDE (SETBACK ON CORNER LOTS ON 1.42 ACRES AND R-1 SPECIFIC USE FOR REDUCED FRONT AND SIDE SETBACKS AND REDUCED REAR SETBACKS FOR THIRD CAR GARAGE UNITS FROM THE ALLEY, ON 29.08 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 23, 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.3047-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 Specific Use to R-1 Specific Use for garden homes with reduced rear setback for third car garage units and reduced side setback on corner lots on 1.42 acres and R-1 Specific Use for reduced front and side setbacks and reduced rear setbacks for third car garage units from the alley on 29.08 acres of unplatted land out of Block E-2, Section 23, City of Lubbock, Lubbock County, Texas, located at north of 122"d Street between Slide Road and Quaker Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1.42 acre tract 1. THAT the Garden Homes with a minimum 18" (eighteen inch) rear setback for a third car, or additional, non -rear facing garage. 29.08 acre tract 2. THAT the 20' front setbacks, 5' side setbacks on corner lots, and 18" rear setback for a third car, or additional, non -rear facing garages. 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 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 north of 122"d Street between Slide Road and Quaker 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 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. 3047-E page -2of3 AND IT IS SO ORDERED. Passed by the City Council on first reading on February 282011 Passed by the City Council on second reading on March 14, 2013 ATTEST: Rebe t Garza, City Secretary APPROVED AS TO CONTENT: so>l- Randy Henson, irector of Planning APPROVED AS TO FORM: (Chad W e% Assistant City Attorney vw/C,1yA1i/Chnd/7onea/ZC3N7-E F'b.a 7,2013 GLEK/.C/ROBEXTSON, MAYOR Zone Case No. 3047-E page - 3 of 3 AMD ENGINEERING, LLC Rezone to R-1 Specific Use -Garden Homes METES AND BOUNDS DESCRIPTION of a 1.42 acre tract of land located in Section 23, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point in which bears S 89057'39"E approximately 2,862.60 feet and North approximately 1191.53 feet from the Northwest corner of Section 23, Block E-2, Lubbock County, Texas; THENCE N 44002'23" E an approximate distance of 143.50 feet; THENCE S 45057'40" E an approximate distance of 406.00 feet; THENCE S 57'58' 18" E an approximate distance of 24.03 feet; THENCE S 44002'21" W an approximate distance of 148.50 feet; THENCE N 45057'39" W an approximate distance of 429.50 feet to the Point of Beginning and containing approximately 1.42 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY Prepared for: George McMahan December 10, 2012 PW1St&SiS23BQNMPf£RWCIl45 SZOWpNNGEµ. AMD ENGINEERING, LLC Rezone to R-1 Specific Use METES AND BOUNDS DESCRIPTION of a 29.08 acre tract of land located in Section 23, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point in which bears S 89057'39"E approximately 2,862.60 feet and North approximately 1191.53 feet from the Northwest corner of Section 23, Block E-2, Lubbock County, Texas; THENCE S 45057'39" E an approximate distance of 429.50 feet; THENCE N 44c02'21" E an approximate distance of 148.50 feet; THENCE S 57058'20" E an approximate distance of 24.03 feet; THENCE S 45057'39" E an approximate distance of 190.00 feet; THENCE S 45c57'42" E an approximate distance of 221.14 feet; THENCE S 45013'32" E an approximate distance of 57.84 feet; THENCE N 23036'24" E an approximate distance of 17.97 feel; THENCE S 40039'53" E an approximate distance of 114.14 feet; THENCE S 33007'03" E an approximate distance of 194.52 feet; THENCE S 48056'25" E an approximate distance of 54.17 feet; THENCE S 43024'20" E an approximate distance of 107.50 feet; THENCE S 43022'49" E an approximate distance of 7.53 feet; THENCE S 02008'09" W an approximate distance of 14.01 feet; THENCE S 43024'21" E an approximate distance of 20.00 feet; THENCE S 87050'41" E an approximate distance of 14.28 feet; THENCE S 43024'20" E an approximate distance of 114.82 feet; THENCE S 46035'40" W an approximate distance of 10.00 feet; P NtIS1A5]521BFANM,Cf-0NK%OSFIM9ZRIEGVNf£NMAGE PN2CWSE6X THENCE S 43024'20" E an approximate distance of 161.77 feet; THENCE S 01043'08" W an approximate distance of 14.11 feet; THENCE S 43024'20" E an approximate distance of 10.00 feet; THENCE S 46035'40" W an approximate distance of 77.88 feet; THENCE S 00°02'33" W an approximate distance of 255.50 feet; THENCE N 89056'27" W an approximate distance of 1,260.23 feet; THENCE N 00002'21" E an approximate distance of 1,250.72 feet; THENCE N 45057'39" W an approximate distance of 121.68 feet; THENCE N 44002'23" E an approximate distance of 158.50 feet to the Point of Beginning and containing approximately 29.08 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan December 10, 2012 P:12012112067S23-SE2-VINTAGE-PURCHASEULS ZONE CHANGE VINTAGE PURCHASEdw =a