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Home My WebLink AboutOrdinance - 2012-O0046 - AMENDMENT ZONE CASE 3043-B - 04/26/2012First Reading April 26, 2012 Item No. 6.7 ORDINANCE NO. 2012-00046 Second Reading May 30, 2012 Item No. 6.6 AN ORDINANCE AMENDING ZONING ORDINANCE. NO. 7084 AND TI-II: OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING 'THE FOLLOWING CHANGES: ZONE CASE NO.3043-B; A ZONING CI-IANGE FROM I2-1 SPECIFIC USE AND R-2 TO R-1 SPECIFIC USE FOR REDUCED SETBACKS AND 12-1 SPECIFIC USE FOR GARDEN HOMES, ON 28.4 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 17, 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 Ito 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.3043-B 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 and 12-2 to 12-1 Specific Use for reduced setbacks and 11-1 Specific Use for garden homes on 28.4 acres of unplatted land out of Block E-2, Section 17, City of Lubbock, Lubbock County, Texas, located at cast of Quaker Avenue and south of 103", Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: Area 1-The "Standard" Home Area: 1. THAT the homes shall have a minimum twenty (20) foot front setback. 2. THAT the homes shall have a minimum five (5) foot front setback for cul de sac lots. 3. THAT the homes on corner lots may have a five (5) foot side setback. 4. THAT homes with a "third" garage that do not access directly from the alley may have a "zero' rear setback. Area 2-Garden Homes 1. THAT the zone change be limited to garden home construction. 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 l Ordinance, which provides that a Building Permit shall be applied for and secured within 1'; 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 and R-2 zone district; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific I 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 i; described as east of Quaker Avenue and south of 103'd 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. THAI' 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. 3043-B page -2of3 AND IT IS SO ORDERED. Passed by the City Council on first reading un April 26, 2012 Passed by the City Council on second reading on 1 _LN C. R 13ERTSON. MAYOR Uniform Facsimile Signature of Public OHiclais Act, Ch. 618, Tx Oov't Cade ATTEST: Rencc a Gana, City Sec�e[a .APPROVED AS ICCONTENT: S6� Randy Hensov, ireclor of Planning APPROVED/ASS TO FORM: Chad Weaver Assistant City Attorney vWCityAWChadlZ nes%40W-a(Anundad) April 3, 2012 7.one Care No. 3043-B page-3 of3 Ordinance No. 2012-00046 L- /ATRdTIED I Y r v IX.--i < I —�T/T T- `--`- - —� S88°18'a8 EEi1329.d'—IJ n In N-T—�-- <i w 4=50°54'37" z T=153.9' CH=2T6.0' "ms= AREA 1: _ • 302.0' PROPOSED R-1 SPECIFIC USE ZONING >`/--!—T r u N88°16'0BRN R=323.4' A=50°54'3T" N m T=153.9' AREA 2:—_I—_ w PROPOSED R-1 w "I SPECIFIC USE FOR. n GARDEN HOMES - `——L-J---J-_L_ z zT1-TTT-�-- I 302.0' N88'1513°W-)�— 988.0' N88.15'13•W ZONE CHANGE GRAPHIC �____—J L--------J � FOR RAVENWOOD a� �T— � ) /r--- DEVELOPMENTS \ /� I I N�HUGO REED 1�`� // 1 AND ASSOCIATES. INC. YYY IAND SURVEI'CRS ilNxTMEi T T CMLENGINSERS sMOn�m/,m�2 IF/iCSB IIO.'Yil Ordinance No. 2012-00046 HUGO REED AND ASSOCIATES, INC. 1001 AVENUE N 1 LUBBOCK, TEXAS 79401 1 8061763.6642 1 FAX 8061763.3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100076.00 Area 1: Proposed R-1 Specific Use (Reduced Setbacks) METES AND BOUNDS DESCRIPTION of an approximately 25.4 acre tract of land located in Section 17, Block E- 2, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears S. 01 030'30" W., an approximate distance of 2189.9 feet and S. 88016'08" E., an approximate distance of 315.7 feet from the Northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE N. 01 043'52' E., an approximate distance of 428.0 feet to a point; THENCE S. 88016*08" E., an approximate distance of 1529.0 feet to a point; THENCE S. 01 043'52" W., an approximate distance of 177.0 feet to a point of curvature; THENCE Southwesterly, along a curve to the right, said curve having a radius of approximately 323.4 feet, a central angle of approximately 50"54'37", tangent lengths of approximately 153.9 feet and a chord distance of approximately 278.0 feet to a point of reverse curvature; THENCE Southwesterly, along a curve to the left, said curve having a radius of approximately 323.4 feet, a central angle of approximately 50°54'37", tangent lengths of approximately 153.9 feet and a chord distance of approximately 278.0 feet to a point of tangency; THENCE S. 01 °43'52" W., an approximate distance of 201.6 feet to a point; THENCE N. 88015'13" W., an approximate distance of 998.0 feet to a point; THENCE N. 01 043'52" E., an approximate distance of 452.3 feet to a point; THENCE N. 8801W08" W., an approximate distance of 302.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for Carl Russell March 12, 2012 Ordinance No. 2012-00046 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N 1 LUBBOCK, TEXAS 79401 1 6061763.5642 1 FAX 8061763.3891 TEXAS REGISTERED ENGINEERING FIRM F-780 TEXAS LICENSED SURVEYING FIRM 100676-00 Area 2: Proposed R-9 Specific Use for Garden Homes METES AND BOUNDS DESCRIPTION of an approximately 3.0 acre tract of land located in Section 17, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears S. 01 "30'30" W., an approximate distance of 2189.9 feet and S. 88016'08" E., an approximate distance of 315.7 feet from the Northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE S. 88"16'08" E., an approximate distance of 302.0 feet to a point; THENCE S. 01 "43'52" W., an approximate distance of 452.3 feet to a point; THENCE N. 88015'13" W., an approximate distance of 302.0 feet to a point; THENCE N. 01 043'52" E., an approximate distance of 452.2 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for Carl Russell March 12, 2012