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HomeMy WebLinkAboutOrdinance - 2013-O0067 - Zone Case 3047-G - 07/11/2013i First Reading une 27, 2013 tem No. 6.4 Second Reading July 11, 2013 Item No. 5.18 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3047-G; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES, ON 2.22 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-G 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 2.22 acres of unplatted land out of Block E-2, Section 23, City of Lubbock, Lubbock County, Texas, located at Vale Avenue between Vicksburg Avenue and 116th 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 Vale Avenue between Vicksburg Avenue and 116th 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 _.Tune 27. 2013 - Passed by the City Council on second reading on July 11 2013 — / a�� - GLE ROBE TSON, MAYOR ATTEST: Aebea Garza, City Secretar I Zone Case No. 304'-G page -2of3 APPROVED AS TO CONTENT: 'Andrew Paxton, Interim Director of Planning APPROVED AS TO FORM: .had Weaver Assistant City Attorney Zone Case No. 304. -G page - 3 of 3 4K1;;1* AMD ENGINEERING, LLC Rezone to R-1 Specific Use -Garden Homes METES AND BOUNDS DESCRIPTION of a 2.22 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°58'41" E, approximately 1539.71 feet and S 00'0I' 19" W, approximately 889.01 feet from the Northwest corner of Section 24, Block E-2, Lubbock County, Texas; THENCE N 21056'04" E, an approximate distance of 11.00 feet; THENCE N 78034'33" E, an approximate distance of 148.78 feet; THENCE East, an approximate distance of 124.82 feet; THENCE S 32041'36" E, an approximate distance of 10.80 feet; THENCE S 64029'00" E, an approximate distance of 52.00 feet; THENCE Northeasterly with a curve to the left having a radius of 405.00 feet, a central angle of 03°25'29", an approximate chord distance of 24.20 feet, an approximate tangent length of 12.11 feet, and a chord bearing of N 23043'28" E; THENCE N 55037'01" E, an approximate distance of 16.53 feet; THENCE East, an approximate distance of 121.75 feet; THENCE S 37005' 11" E, an approximate distance of 12.06 feet; THENCE Southwesterly with a curve to the right having a radius of 540.00 feet, a central angle of 47014' 18", an approximate chord distance of 423.71 feet, an approximate arc length of 445.21 feet, and a chord bearing of S 39058'37" W; THENCE N 71050' 16' W, an approximate distance of 14.38 feet; THENCE Northwesterly with a curve to the left having a radius of 2250.00 feet, a central angle of 08°30'01", an approximate chord length of 333.50 feet, an approximate arc length of 333.81 feet, and a chord bearing of N 32'10'46' W; THENCE Northwesterly with a curve to the right having a radius of 772.00 feet, a central angle of 01°21'07", an approximate chord distance of 18.22 feet, an approximate arc P:1201113001-S23BE2-OAKMONM ESTATES PHASE 2W&B ZONE CHANGE -LOTS 58.66 gh.doc length of 18.22 feet, and a chord bearing of N 35'45' 13' W 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: Dr. Jewell Davis May 14, 2013 RQ013113001-SME2-OAKMONT ESTATES PHASE 21M&B ZONE CHANGE -LOTS 56-66 gh.doc -Zo v6tz w o - �� cn M r � � o no PO ui O1 i'�,j OS •'1S� �� s�J LO 00 LLI LO c0 r�V •6� e�� (N_ M o Z .ti`�o° ;o ao ZZJ C-) %9 �1 c N N FZ I C.) J y `' o ! ! ' o Ld �O = ,sJ v M M a S i, Lo N N �0 ^�h J � 'tia o !�0 O W o c° oo s2 v 5°�.°° " 0 Z ary ��h 6�J J � --I�� y o<° �,0 9 �GLd LLI o J (100. Jk, O O 5 h P O rn o a (Y) g0 (U N N V-I ��J �a0 %,D 1� N d- LO (o\ �J V M o ` y N00 N N ��91h P 5 J 2 (V %,D 1 y O G 6 bi N LO �t �� PZ LO GA M `\\ co N Sy`L Us go Z) ``1� �. II ,6�, ov 52 E Z POLO ; I- O a �'I PGA 2 � o6 to � S�ti p G� ? Z 1 1 ED 04 LO It 04 LO -oo o - co O V) o LO - 4 ¢ �52 �N`-' �N MN rN MN O N N Lo 00 G1 ,h^�U I� Z= Z Z 0 O 69 < p V M N of Z ti9 �/Yj LO 135.4' 0 M 00 Z L CO - Lri t!) 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