HomeMy WebLinkAboutOrdinance - 2012-O0006 - AMD Engineering For Zoning Change From T To R-1 - 01/12/2012First Reading
January 12, 2012
Item No. 6.5
ORDINANCE NO. 2012-00006
Second Reading
January 26, 2012
Item No. 5.29
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3171; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR GARDEN HOMES, ON 3.6 ACRES OF UNPLATTED
LAND OUT OF BLOCK E-2, SECTION 18, 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. 3171
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 garden homes
on 3.6 acres of unplatted land out of Block E-2, Section 18, City of Lubbock,
Lubbock County, Texas, located at 1131h Street west of Memphis Avenue.
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SECTION 2. THAT the granting of this specific use zoning is hereby made
iubject 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 113"'
Street west of Memphis 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on January 12, 2012
Passed by the City Council on second reading on January 26, 2012
ATTEST:
Garza, City Sec
TOM MARTIN, MAYOR
Zone Case No. 3171
page - 2 of 3
APPROVED AS TO CONTENT:
Randy Henson, Director of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/ZC3171
December I, 2011
Zone Case No. 3171
page -3of3
Ordinance No. 2012-00006
Exhibit "A"
4rl:;�* AMD ENGINEERING, LLC
Rezone to "RI Specific Use for Garden Homes"
METES AND BOUNDS DESCRIPTION of a 3.57 acre tract of land located in Section 17, Block
E2, Lubbock County, Texas; prepared for Zone Change Purposes only and being furtber
described as follows:
BEGINNING at a point along the south alley right-of-way line a distance of 20.00 South from the
southernmost southeast corner of Lot 161, Orchard Park;
THENCE South an approximate distance of 25 1.3 1 feet to the projection of the north right-of-
way line of 13th Street;
THENCE West along the north right-of-way line of 113`' Street an approximate distance of
606.66 feet;
THENCE N 45' W an approximate distance of 21.04 feet;
THENCE North an approximate distance of 75.02 feet;
THENCE Northeasterly, with a curve to the right, having a radius of 952 feet, a central angle of
6°45'44", a chord distance of 112.29 feet, a chord bearing of N 3°22'52" E and an arc length of
112.36 feet:
THENCE N 6045'44" E an approximate distance of 39.68 feet;
THENCE N 48025'54" E an approximate distance of 14.95 feet;
THENCE East an approximate distance of 599.19 feet to the Point of Beginning and containing
approximately 3.57 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Orchard Park Development
December 7, 2011
P:12010110070-ORCHARD PARK PH V000704A&B ZONE CHANGE.doc