HomeMy WebLinkAboutOrdinance - 2012-O0052 - Zone Case 2895-H - 05/30/2012First Reading
May 30, 2012
Item No. 6.2
ORDINANCE NO. 2012-00052
Second Reading
June 7, 2012
Item No. 5.11
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
►FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
'HANGES: ZONE CASE NO. 2895-H; A ZONING CHANGE FROM R-1 SPECIFIC
ISE FOR SINGLE FAMILY WITH A REDUCED SETBACK TO R-1 SPECIFIC
ISE FOR GARDEN HOMES WITH AN 18 INCH REAR SETBACK FOR NON -
:EAR FACING GARAGES ON 2.67 ACRES OF UNPLATTED LAND OUT OF
LOCK A-K, SECTION 28, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
ROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
OR 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.2895-H
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 for single family with
a reduced setback to R-1 Specific Use for garden homes with an 18 inch rear
setback for non -rear facing garages on 2.67 acres of unplatted land out of
Block A-K, Section 28, City of Lubbock, Lubbock County, Texas, located at 89'h
Street west of Kewanee 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 the corner lot may have a five foot (5) setback.
2. THAT a non -rear facing, 3rd car or additional garage, aligned at
ninety degrees to the alley with access from the driveway which may
have an 18 inch 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 R-1 Specific Use for single family with a reduced setback 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 89`h Street west of Kewanee 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 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 May 30, 2012
Passed by the City Council on second reading on June 7, 2012
elAkI
i GLE S N, MAYOR
Zone Case No. 2895-H
page -2of3
ATTEST:
Q eL",
Rebec Garza, City Secretary
APPROVED AS TO CONTENT:
7/�" b6 -50—
Randy Henso irector of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw/C ityAtUChad/Zones/ZC2895-H
May 3, 2012
Zone Case No. 2895-H
page - 3 of 3
Ordinance No. 2012-00052
4r7w]* AMD ENGINEERING, LLC
Exhibit A
Rezone to R-1 Specific Use for Garden Homes
METES AND BOUNDS DESCRIPTION of a 2.67 acre tract of land located in Section
28, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point in which bears S 1°46'31" W approximately 2581.4 feet S
88°16'2" E approximately 1370.4 feet from the Northwest corner of Section 28, Block
AK, Lubbock County, Texas;
THENCE S 46034'31" E an approximate distance of 431.5 feet;
THENCE S 43025'29" W an approximate distance of 270 feet;
THENCE N 46034'31" W an approximate distance of 431.5 feet;
THENCE N 43025'29" E an approximate distance of 270 feet to the Point of Beginning
and containing approximately 2.67 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Lubbock Land Company
April 17, 2012
P:12011111083-TRAILS AT REGAL PARK (LOTS 57-95)11108340 TONE CHANGE Garden Home.doc