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HomeMy WebLinkAboutOrdinance - 2013-O0105 - Zone Case 3214 - 10/24/2013First Reading October 24, 2013 Item No. 6.8 ORDINANCE NO. 2013-00105 Second Reading November 7, 2013 Item No. 5.22 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3214; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR REDUCED SETBACKS, ON 75.966 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 4, 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.3214 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 75.966 acres of unplatted land out of Block AK, Section 4, City of Lubbock, Lubbock County, Texas, located at east of Quaker Avenue and south of 1371h Street, 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 'h acre shall be subject to the following setback requirements: a) Front: 20' setback; b) Side setback for corner lots (excluding Quaker and Memphis 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 east of Quaker Avenue and south of 1371h 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 No/100 Dollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on October 24, 2013 Passed by the City Council on second reading on November 7, 2013 _o5;4 'A _'' 71,14 C. ROMERTSON, MAYOR Zone Case No. 3214 page -2of3 ATTEST: --cQ .0.11 - Rebe ca Garza, City Secret APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: 'Chad Weaver Assistant City Attorney vw/CityAtt/Chad/Zones/ZC3214 October S, 2013 Zone Case No. 3214 page - 3 of 3 3nN3AV Zo$ O z zifli W - Hmm W w an-E a $Yw 68'89ti L M. L£,9ti. LOS O 0 � LL N N Q �8 O I a s o� W W W >Ka X (D U)Lu 0 -j Z>3 Z _ 0 Z) w U) V Q wa 0 U Q U) J � Y J oU z0 zm O N d- I z _0 � � W a— NO L^.L A w J Q U CNRTH 0 F- 00 0 �3)qeno Z HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-8842 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED R-1 ZONING METES AND BOUNDS DESCRIPTION of a 75.966 acre tract of land located in Section 4, Block AK, Lubbock County Texas, being further described as follows: BEGINNING at a point in the West line of Section 4, Block AK, for the Southwest corner of this tract which bears N. 01 °48'13" E. a distance of 1979.62 feet from the Southwest corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 01'48'13" E., along the West line of said Section 4, a distance of 661.00 feet to the Southwest corner of a 320.2 acre tract as described under County Clerk File No. 2007044643 of the Official Public Records of Lubbock County, Texas; THENCE S. 88`13'29" E., along the Southern boundary of said 320.2 acre tract, a distance of 3301.35 feet to the Northwest corner of a 118.6 acre tract as described under County Clerk File No. 2012051514 of the Official Public Records of Lubbock County, Texas; THENCE S. 01 °46'38" W., along the Western boundary of said 118.6 acre tract, a distance of 1475.17 feet; THENCE N. 77021'49" W. a distance of 33.36 feet; THENCE N. 32021'49" W. a distance of 14.14 feet; THENCE N. 77021'49" W. a distance of 407.08 feet; THENCE S. 58055'10" W. a distance of 13.82 feet; THENCE N. 86'58'49" W. a distance of 61.47 feet; THENCE N. 36007'21" W. a distance of 15.78 feet; THENCE N. 88012'49" W. a distance of 472.22 feet; THENCE N. 64022'13" W. a distance of 506.66 feet; THENCE S. 77057'23" W. a distance of 12.22 feet; THENCE N. 64022'13" W. a distance of 54.10 feet to a point of intersection; THENCE Northeasterly, around a curve to the left, said curve having a radius of 274.00 feet, a central angle of 17031'01", tangent lengths of 42.21, a chord bearing of N. 34°23'17" E and a chord distance of 83.44 feet to a point of tangency; THENCE N. 25037'47" E. a distance of 101.00 feet; THENCE N. 19022'13" W. a distance of 21.21; THENCE N. 64`22'13" W. a distance of 432.39 to a point of curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 1544.00 feet, a central angle of 23051'15", tangent lengths of 326.14 feet, a chord bearing of N. 76017'51" W. and a chord distance of 638.19 to a point of tangency; THENCE N. 88013'29" W. a distance of 839.63 feet to the Point of Beginning. CONTAINS: 76.0 ACRES Bearings are relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are Surface, U.S. Survey Feet. PREPARED FOR ZONE CHANGE REQUEST ONLY; NOT TO BE USED FOR ANY LAND TITLE TRANSACTION.