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Home My WebLink AboutOrdinance - 2013-O0099 - Zone Case 3211 - 10/24/2013First Reading October 24, 2013 Item No. 6.5 ORDINANCE NO. 201.3--00099 Second Reading November 7, 2013 Item No. 5.20 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3211; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR REDUCED SETBACKS, ON 30.5 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTON 21, 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.3211 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 T to R-1 Specific Use for reduced setbacks on 30.5 acres of unplatted land out of Block AK, Section 21, City of Lubbock, Lubbock County, Texas, located at north of 114th Street and east of Homestead Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT lots under '/2 acre shall be subject to the following setback requirements: a) Front: 20' setback; b) Side setback for corner lots (excluding 1141h St., and Homestead Ave) 5' for both fences and structures; c) Front setbacks on cul-de-sacs: 5' except that garages require 20'; and d) Non -rear facing garage may be constructed to a zero (0') rear setback. 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 north of 1141h Street and east of Homestead 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. 3211 page - 2 of 3 AND IT IS SO ORDERED. Passed by the City Council on first reading on October 24, 2013 Passed by the City Council on second reading on November 7, 2013 GL O SON, MAYOR ATTEST: Reb tca Garza, City Secret APPROVED AS TO CONTENT: •� f`"moo Andrew Paxton. Director of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/CityAtt/ChadlZones/ZC321 I October 8, 2013 Zone Case No. 3211 page - 3 of 3 I I I I I I I wr A.orl9 I wr ■Joxm 390.8' _ o;: T-T I TTT .T S 88.6.0" E T T I T T T _ '-78.0'�— �L �L STREET Jrom STREET rv`rwti �- Li Q z cr Q io_T i S 88.09'49" E �298.0T r- - T T � I I I I I I I I T 9� I 1 I I I I I I •- T l 0 1REE7 S88.09'49"E fft'-Pr — — — I - _1--- J-___I-_-_L---1-_-J__--L_ D) T----i---- I----r---T--- / /-I---_I---_r- _ I I I I I I I I I I I I I I I 1 I I I I I I I R j Q RESIDENTIAL wrrurrm RES/DENTIALLYy Q/ ,---r-`-T-------1-- - - -- _ _ _ ZONED �� I I I Sv/ I I I I I I I I I IW � I I I I I I II I I I 1I 0 1 I I I I I I G2A I I I I / I 11,3117 STREET I I I I I 11 I I 41 I ---J----- I I r----- I � I I I I I I I _ //4/h STREET N8879'49"W REQUESTED R-1 SPECIFIC USE ZONING FOUNTAIN HILLS __�27.0' T \ N 88°09'48" W\ T ul N � $ S 88.09'49" E 112� 51�` 23.6' ORESIDENTIAL I 1rwvnw�.,q P4 , T u� 071.3" E 1087.9' _THIS POINT BEARS N. 881194' W AN APPROXIMATE DISTANCE OF 680.6 FEET - FROM THE SOUTHEAST CORNER OF SECTION 21, BLOCK AK, LUBBOCK COUNTY, TEXAS SEPTEMBER 3, 2013 W. HUGO REED ER Z AND AS701 IATES, LMIDSURVEYORSCMLENGINEERS HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 8061763-5642 / FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 9m] TEXAS LICENSED SURVEYING FIRM 100676.00 LAND SURVEYORS CIVIL ENGINEERS Proposed R-1 Specific Use METES AND BOUNDS DESCRIPTION of an approximate 30.5 acre tract of land located in Section 21, Block AK, Lubbock County, Texas, being further described as follows: Beginning at a point in the South line of Section 21, Block AK, being the center line of 114th Street and the Southeast corner of this tract, which bears N. 88'19'49" W. an approximate distance of 680.6 feet from the Southeast corner of Section 21, Block AK, Lubbock County, Texas; THENCE N. 88'19'49" W, along the centerline of said 114th Street, an approximate distance of 1087.9 feet to the Southwest corner of this tract; THENCE N. 01 *40'11" E. an approximate distance of 211.6 feet; THENCE N. 14038'08" E. an approximate distance of 692.5 feet; THENCE N. 05017'26" E. an approximate distance of 308.5 feet; THENCE N. 12°18'05" W. an approximate distance of 272.5 feet; THENCE N. 30058'34" W. an approximate distance of 226.0 feet; THENCE N. 57°36'06" E. an approximate distance of 45.8 feet; THENCE N. 77°05'09" E. an approximate distance of 134.3 feet; THENCE S. 88°09'49" E. an approximate distance of 390.8 feet; THENCE S. 01 *50'11" W. an approximate distance of 157.0 feet; THENCE S. 88°09'49" E. an approximate distance of 76.0 feet; THENCE S. 01'50'11" W. an approximate distance of 407.0 feet; THENCE S. 88°09'49" E. an approximate distance of 298.0 feet; THENCE S. 01050'11" W. an approximate distance of 136.7 feet; THENCE S. 88009'49" E. an approximate distance of 11.3 feet; THENCE S. 01050'11" W. an approximate distance of 165.3 feet; THENCE N. 88°09'49" W. an approximate distance of 27.0 feet; THENCE S. 00032'27" W. an approximate distance of 151.1 feet; THENCE S. 88°09'49" E. an approximate distance of 23.6 feet; THENCE S. 01'50'11" W. an approximate distance of 162.7 feet THENCE N. 75°02'23" E. an approximate distance of 168.9 feet; THENCE S. 01 *50'11" W. an approximate distance of 574.9 feet to the Point of Beginning PREPARED FOR ZONE CHANGE DESCRIPTION ONLY; NOT TO BE USED FOR ANY LAND TITLE TRANSACTION.