HomeMy WebLinkAboutOrdinance - 2011-O0007 - AMENDMENT ZONE CASE NO. 2895-E - 01/13/2011First Reading
January 13, 2011
Item No. 6.5
ORDINANCE NO. 2011-00007
Second Reading
January 27, 2011
Item No. 5.17
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2895-E; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 72.03 ACRES OF
UNPLATTED LAND OUT OF BLOCK AK, SECTION 28, 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.2895-E
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 to R-1 Specific Use for
reduced setbacks on 72.03 acres of unplatted land out of Block AK, Section
28, City of Lubbock, Lubbock County, Texas, located at west of Iola Avenue
and north of 92"d 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 the front setback shall be no less than 20 feet with 5 feet of
front setback allowed on the radius of a cul-de-sac. However a garage
fronting on a street shall have no less than 20 feet of setback from the
property line or pedestrian/access easement.
2. THAT the side setback adjacent to a side street shall be no'less than 5
feet for any structure and fencing. However, a garage fronting on a
side street shall have no less than 20 feet of setback from the property
line or pedestrian/access easement.
3. THAT the rear setback for side wall of an accessory building / 3rd car
garage, including any roof overhang, shall be allowed up to the rear
property line adjacent to an alley. The wall height shall be limited to
the height of the wall of the primary structure not to exceed 10 feet.
SECTION 2. THAT the granting of this specific use zoning is hereby made
abject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
icluding particularly, but not limited to, Section 40.03.3102 of the Codified Zoning
►rdinance, which provides that a Building Permit shall be applied for and secured within
iirty (30) months of the effective date of the zone change or all undeveloped property
fall automatically revert back to the previous zoning classification, which in this case is
ie R-1 Specific Use zone district; and if such reversion occurs, the Director of Planning
; directed to remove from the "Zoning Map the legend indicating such specific use. The
pecific Use authorized by this Ordinance is permitted under provision of Section
0.03.3103(x) of Codified Zoning Ordinance No. 7084 on the property described as west
f Iola Avenue and north of 92"d Street, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
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
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of
is Ordinance be declared unconstitutional or invalid for any reason, the remainder of
is Ordinance shall not be affected thereby.
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.
Zone Case No. 2895-E
page - 2 of 3
AND IT IS SO ORDERED.
by the City Council on first reading on January 13, 2011
by the City Council on second reading on January 27, 2011
Garza, City
AS TO CONTENT:
Sow
AS TO FORM:
Weaver
ant City Attorney
16.2010
r� IAZ '
TOM MARTIN, MAYOR
Lone Case No. 2895-6
page - 3 of 3
Ordinance No. 2011-00007
4 K7,tAMD ENGINEERING, LLC
Rezone to "Rl Specific Use"
METES AND BOUNDS DESCRIPTION of a 72.03 acre tract of land located in Section
28, Block AY, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point bearing North 38.7 feet and East 55.0 feet from the intersection
of the west Section Line of Section 28, Block AK, Lubbock County, Texas and the
centerline 92" d Street;
THENCE North along the east ROW line of Milwaukee Avenue an approximate distance
of 1,587.7 feet;
THENCE East an approximate distance of 1,467.8 feet;
THENCE South an approximate distance of 146.2 feet;
THENCE East an approximate distance of 1,086.4 feet;
THENCE South an approximate distance of 619.9 feet;
THENCE West an approximate distance of 329.2 feet;
THENCE North an approximate distance of 318.0 feet;
THENCE West an approximate distance of 328.7 feet;
THENCE S 45° W an approximate distance of 553.7 feet;
THENCE S 45° E an approximate distance of 582.6 feet;
THENCE S 16° W an approximate distance of 114.1 feet;
THENCE South an approximate distance of 236.1 feet;
THENCE West an approximate distance of 1930.6 feet to the Point of Beginning and
containing approximately 72.03 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A
SURVEY.
Prepared for: Lubbock Land Company
November 4, 2010
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