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HomeMy WebLinkAboutOrdinance - 2015-O0008 - ZC 3047-O - 02/12/2015First Reading January 22, 2015 Item No. 6.1 Second Reading February 12, 2015 Item No. 5.14 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3047-0; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES WITH REDUCED REAR SETBACKS, ON 5.85 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 23 (PROPOSED LOTS 156 THROUGH 173), OAKMONT ESTATES ADDITION, 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. 3047-0 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 garden homes with reduced rear setbacks on 5.85 acres of unplatted land out of Block E-2, Section 23 (proposed Lots 156 through 173), Oakmont Estates Addition, City of Lubbock, Lubbock County, Texas, located at north of 122nd Street, adjacent to Vicksburg Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO TIIE FOLLOWING CONDITIONS: 1. THAT the zone change be limited to Garden Homes; 2. THAT the front setback for cul-de-sac lots shall be a minimum of 5' and a minimum of 5' side setback for corner lots. 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 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 north of 122nd Street, adjacent to Vicksburg Avenue, 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/] 00 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 Ordinance be declared unconstitutional or invalid for any reason, the remainder of 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. AND IT IS SO ORDERED. by the City Council on first reading on Januw, 23 3015 by the City Council on second reading on February 12, 2015 Zone Case No. 3047-0 page - 2 of 3 TTEST: City AS TO CONTENT: Paxton, Director of Planning AS TO FORM: Weaver, City Attorney 6,2015 Zone Case No. 3047-0 page - 3 of 3 CIL:* AMD ENGINEERING, LLC Rezone to R-1 Specific Use for Garden Homes METES AND BOUNDS DESCRIPTION of a 5.85 acre tract of land located in Section 23, Block E2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point in which bears S 89°56'27" E approximately 1794.68 feet from the Southwest comer of the North half of Section 23, Block E2, Lubbock County, Texas; THENCE North an approximate distance of 499.95 feet; THENCE N 05040'04" W an approximate distance of 157.01 feet; THENCE N 71058'33" E an approximate distance of 170.45 feet; THENCE Southeasterly along a curve to the right having a radius of 2,222 feet, and arc length of 308.79 feet, a central angle of 7°57'44", a chord distance of 308.54 feet, and a chord bearing of S 03°58'52" E; THENCE South an approximate distance of 236.5 feet; THENCE Northeasterly along a curve to the left having a radius of 1,828.5 feet, and arc length of 581.24 feet, a central angle of 18°12'47", a chord distance of 578.79 feet, and a chord bearing of S 66°18'l 9" W; THENCE South an approximate distance of 397.95 feet; THENCE N 89056'27" W an approximate distance of 698 feet to the Point of Beginning and containing approximately 5.85 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Oakmont Estates Investments of Lubbock, LLC December 9, 2014 P720111311WAKMONT PHASE 4 LOTS 121-161113116#16B ZONE CHANGE Ga nHw .d