HomeMy WebLinkAboutOrdinance - 2012-O0053 - Zone Case 3047-C - 05/30/2012First Reading
May 30, 2012
Item No. 6.3
ORDINANCE NO. 2012-00053
Second Reading
June 7, 2012
Item No. 5.12
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.3047-C; A ZONING CHANGE FROM R-1 SPECIFIC
USE (VINTAGE TOWNSHIP) TO R-1 SPECIFIC USE FOR GARDEN HOMES
WITH A REDUCED SETBACK FOR CORNER LOTS AND AN 18 INCH REAR
SETBACK FOR NON -REAR FACING GARAGES, ON 2.94 ACRES OF
UNPLATTED LAND (PROPOSED LOTS 1-11 OAKMONT ADDITION); AND
139.16 ACRES OF UNPLATTED LAND, WITH A REDUCED FRONT SETBACK
(20 FEET) AND A FIVE (5) FOOT SIDE SETBACK ON CORNER LOTS AND A
REDUCED REAR SETBACK OF 18 INCHES FOR NON -REAR FACING
GARAGES OUT OF BLOCK E-2, SECTION 23, 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:
)RDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1
amended as follows:
ZONE CASE NO.3047-C
THAT Ordinance No. 7084 and the Official Zoning Map are
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 (Vintage Township) to
R-1 Specific Use for garden homes with non -rear facing garages on 2.94 acres
of unplatted land (proposed lots 1-11 Oakmont Addition); and 139.16 acres
of unplatted land, with a reduced twenty (20) foot front setback and a five
(5) foot side setback on corner lots and a reduced rear setback of 18 inches
for non -rear facing garages out of Block E-2, Section 23, City of Lubbock,
Lubbock County, Texas, located at south of 114'h Street and east of Quaker
Avenue, subject to conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
On 2.94 Acre Tract (Proposed lots 1-11)
1. THAT Garden Homes shall be allowed with a non -rear facing, third
car or additional garage, aligned at ninety degrees to the alley with
access from the driveway, which may have an 18 inch setback.
On 139.16 acre tract
2. THAT single family homes are allowed with a 20' front setbacks and
5' side setback on corner lots. A non -rear facing, third 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 (Vintage Township) 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 south of 114th Street and east of Quaker 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.
Zone Case No. 3047-C
j page - 2 of 3
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
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
?assed by the City Council on second reading on .Tune 7, 2012
GL BERtSUK, MAYOR
II�IIIcI.M
a Garza, City Secretary
'APPROVED AS TO CONTENT:
T44 �� SLTA-
Randy Henso irector of Planning
chaci weaver
,Assistant City Attorney
7-C
3, 2012
Zone Case No.3047-C
page - 3 of 3
Ordinance No. 2012-00053
AMD ENGINEERING, LLC
Exhibit A
Rezone to R-1 Specific Use -Garden Homes
METES AND BOUNDS DESCRIPTION of a 2.94 acre tract of land located in Section
23, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point in which bears S 89°57'39"E approximately 2,799.18 feet and
S00°02'21" W approximately 400 feet from the Northwest corner of Section 23, Block
E-2, Lubbock County, Texas;
THENCE S 00002'21" W an approximate distance of 331.14 feet;
THENCE along the arc of a curve to the left having a radius of 438 feet, through a central
angle of 46°31'02", having a chord distance of 345.92 feet (chord bears S 23°13' 10" E),
an arc distance of 355.60 feet;
THENCE S 34043'55" E an approximate distance of 47.92 feet;
THENCE S 44002'23" W an approximate distance of 137.84 feet;
THENCE N 44010'39"W an approximate distance of 333.84 feet;
THENCE N an approximate distance of 548.08feet;
THENCE E an approximate distance of 165.01 feet to the Point of Beginning and
containing approximately 2.94 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Dr. Jewell Davis
April 9, 2012
P14011111033-OAKMONT ESTATES111033-GARDEN HOME M&B ZONE CHANGEdoc
Ordinance No. 2012-00053
4KE�* AMD ENGINEERING, LLC
Exhibit A
Rezone to R-1 Specific Use
METES AND BOUNDS DESCRIPTION of a 139.16 acre tract of land located in Section
23, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point in which bears S 89°57'39"E approximately 660 feet from the
Northwest corner of Section 23, Block E-2, Lubbock County, Texas;
THENCE S 89057'39"E an approximate distance of 2,139.18 feet;
THENCE S 00002'21" W an approximate distance of 400 feet;
THENCE W an approximate distance of 165.01 feet;
THENCE S an approximate distance of 548.08 feet;
THENCE S 44010'39"E an approximate distance of 333.84 feet;
THENCE S 44002'23"W an approximate distance of 164.17 feet;
THENCE S 45°57'39"E an approximate distance of 121.68 feet;
THENCE S 00002'21"W an approximate distance of 1,250.72 feet;
THENCE N 89056'27"W an approximate distance of 1,774.35 feet;
THENCE N an approximate distance of 262.77 feet;
THENCE W an approximate distance of 745 feet;
THENCE N an approximate distance of 1,662.91 feet;
THENCE S 89057'39"E an approximate distance of 340.03 feet;
THENCE N 0000I' 19"E an approximate distance of 715 feet to the Point of Beginning
and containing approximately 139.16 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Dr. Jewell Davis
April 9, 2012
P.12011111033.OANMONT ESTATEW 1033-RESI0ENTIAL M&B ZONE CHANGE.doc