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HomeMy WebLinkAboutOrdinance - 2013-O0066 - Zone Case 3047-H - 07/11/2013First Reading Second Reading June 27, 2013 July 11, 2013 Item No. 6.5 Item No. 5.19 ORDINANCE NO. 20l i-00066 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3047-H; A ZONING CHANGE FROM R-1 SPECIFIC USETO R-1 SPECIFIC USE FOR GARDEN HOMES, ON 1.25 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 23, 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, 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-H 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 on 1.25 acres of unplatted land out of Block E-2, Section 23, City of Lubbock, Lubbock County, Texas, located at Troy Avenue between 118th Street and 120th Street, 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 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 Troy Avenue between 118th Street and 1201h Street, 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 No1100 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 1-ne 77 _ 2013 Passed by the City Council on second reading on GLE C. RO TSON, MAYOR ATTEST: .0 0 A &I ))<7 Rebe ca Garza, City ecret Zone Case No. 3047-H page -2of3 APPROVED AS TO CONTENT: Andrew Paxton, Interim Director of Planning APPROVED AS TO FORM: Chad Weav6r Assistant City Attorney (�ZA D AMD ENGINEERING, LLC Rezone to R-1 Specific Use -Garden Homes METES AND BOUNDS DESCRIPTION of a 1.25 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 89°58'37" E approximately 3,302.68 feet and S 00'0I' 19" W, approximately 1403.67 feet from the Northwest corner of Section 24, Block E-2, Lubbock County, Texas; THENCE S 45057'39" E, an approximate distance of 391.14 feet; THENCE S 10034'42" W, an approximate distance of 16.31 feet; THENCE Southwesterly with a curve to the left having a radius of 327.00 feet, a central angle of 04°05'33", an approximate chord distance of 23.35 feet, an approximate arc length of 23.36 feet and a chord bearing of S 21°52'54' W; THENCE Southwesterly with a curve to the right having a radius of 200.00 feet, a central angle of 24°02'41", an approximate chord length of 83.32 feet, an approximate arc length of 83.93 feet, and a chord bearing of S 31°51'29' W; THENCE N 89057'56" W, an approximate distance of 21.58 feet; THENCE N 45057'39" W, an approximate distance of 407.80 feet; THENCE N 00057'39" W, an approximate distance of 21.21 feet; THENCE N 44002'21" E, an approximate distance of 52.56 feet; THENCE N 41°39'02' E, an approximate distance of 49.99 feet; THENCE N 87050'41" E, an approximate distance of 13.84 feet to the Point of Beginning and containing approximately 1.25 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan May 14, 2013 P:12012112057.S23-BE2-VINTAGE ESTATESIM&B ZONE CHANGE LOTS 9-16 VINTAGE ESTATES.doc �\ ! " �D ,s h� 78 9 Lf") \V s"` / X ! \V (j P •� 2! N L) a� S22 a ! E �ouj CL in I d, 10- 00 M ZQ�G i 1 M 5Z N�449 9� 125 v N " O (Y) o 00 r\ M 'n 125.p0, s M 'b Z 125•p0' M M � 125.00, iaual uoslau�'Wtl 66�6C�8 f LOZ/4L/S'IaPaW'6MP'lld-OPZ38£ZS•LS6ZL�S�NIMtl2iQUNIA3A2if1SlS31V1S3 3�tl1N1A-Z38•EZS-LSOZL\ZlOZ1'd