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HomeMy WebLinkAboutOrdinance - 2018-O0070 - Amending Zoning Ordinance No. 7084 - 06/14/2018First Reading June 14, 20 I 8 ltem No. 7.13 ORDINANCE NO. 2018-00070 Second Reading June 28, 20 I 8 Item No. 7.19 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3334-A; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR GARDEN HOMES, ON 1.41 ACRES OF LAND OUT OF BLOCK B, SECTION 16, LUBBOCK, LUBBOCK COUNTY, TEXAS LOCATED AT 3407, 3410, 3411, 3412, AND 3414 47th STREET; SUBJECT TO REQUIREMENTS; 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 City of Lubbock 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 City of Lubbock Zoning Ordinance No. 7084 and the Official Zoning 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 Section 211.007 of the Texas Local Government Code, 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 were allowed to speak in support or opposition to the proposal; and after said hearing, it was determined by the City Council that it would be in the public interest, due to changed conditions, that the City of Lubbock Zoning Ordinance No. 7084 and the Official 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. 3334-A SECTION 1. THAT the City of Lubbock Zoning 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 to R-1 Specific Use for garden homes on 1.41 acres of land out of Block B, Section 16, City of Lubbock, Lubbock County, Texas, located at 3407, 3410, 3411, 3412, and 3414 47th Street, subject to requirements, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING REQUIREMENTS: 1. THAT fifty percent of the front and side facades be built of masonry material, and a minimum of one tree be planted in the front yard of each lot. Also a minimum of 3 exterior designs be provided in the development to prevent monotony. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with all provisions of the City of Lubbock Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 40.03.3102 of the City of Lubbock Code of Ordinances, which provides that a building permit shall be applied for and secured within thirty (30) months of the effective date of this zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in this case is the R-1 Zoning District; and, if such reversion occurs, then the Director of Planning is directed to remove from the Official Zoning Map the legend indicating this Specific Use. The Specific Use authorized by this Ordinance is permitted under provision of Section 40.03.3101-40.03 .3103 of the City of Lubbock Code of Ordinances on the property described as 3407, 3410, 3411, 3412, and 3414 47th 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 Noll 00 Dollars ($2,000.00) as provided in Section 40.01 .006 of the Code of Ordinances 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 __ J_un_e_l 4_,~2_0_1_8 ______ _ Passed by the City Council on second reading on _....,_J...._1mLLle ........... 2 ..... 8...,.2...,.Q .... l ...... 8.__ _____ _ DANIEL M. POPE, MAYOR Zone Case No. 3334-A I Page -2 of 3 ATTEST: APPROVED AS TO CONTENT: Lata Krishnarao, Interim Director of Planning APPROVED AS TO FORM: vw/CityAtt/Justin/Zones/ZC3334-A March 1, 2018 Zone Case No. 3334-A I Page -3 of 3 A 0. 1'. "'"' IC, ENGINE[Rlf\Jt.~ f'"-'f' ~ '-IIJ SURVEYlf'JC Texas Surveyi,1g No. '10115.3 OC: Texas Engineering Firm No .:+3GS 2737 81 ST STREET LUBBOCK, TEXAS 794 ~,::, (806) 74S-7670 ' I ,I , ··rou nr r,r,. it'' METES AND BOUNDS description prepared for Zone Change Purposes Only on a 1.41 acre tract out of Section 16, Block 8, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at the Southeast corner of Lot 50, Block 33, Myrtle Slaton Addition to the City of Lubbock, Lubbock County, Texas as shown by the Final Plat Recorded in Volume 562, Page 37, Deed Records of Lubbock County Texas, for the Southwest corner of this tract; THENCE North an approximate distance of 280 feet, to the Northwest corner of this tract; THENCE East an approximate distance of 220 feet, for the Northeast corner of this tract; THENCE South an approximate distance of 280 feet, for the Southeast corner of this tract; THENCE West an approximate distance of 220 feet to the PLACE of BEGINNING and containing 1.41 acres. PREPARED FOR ZONE CHANGE PURPOSES ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY.