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Home My WebLink AboutOrdinance - 2019-O0148 - Zone Case 2538-I - 10/22/2019 First Reading Second Reading October 8, 2019 October 22,2019 Item No. 7.3 Item No. 7.6 ORDINANCE NO. 2201-9-003-42 AN 201-9-941aAN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2538-I; A ZONING CHANGE TO R-IA SPECIFIC USE FOR GARDEN HOMES, FROM R-1A, AT UPLAND CROSSING SUBDIVISION, ON WAUSAU AVENUE, NEAR 26TH STREET, ON 0.288 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 42, LUBBOCK, TEXAS; 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 Govenunent 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. 2538-1 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 to R-IA Specific Use for Garden Homes from R-1A at Upland Crossing Subdivision, on Wausau Avenue, near 26th Street, on 0.288 acres of unplatted land out of Block AK, Section 42, City of Lubbock, Lubbock County, Texas,and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit"A". 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-lA 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 Upland Crossing Subdivision, on Wausau Avenue, near 26th Street, on 0.288 acres of unplatted land out of Block AK, Section 42, 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 No/100 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 October 8, 2019 Passed by the City Council on second reading on October 22, 2019 .r I DANIEL M. POPE, MAYOR ATTEST: cQtku—'e- - Rebecc Garza, City Secret y Zone Case No. 2538-1 page - 2of3 APPROVED AS TO CONTENT: Kristei Sager, Interim`Direcrt r of Planning APPROVED AS TO FORM: r Zy Sii s, D pt ty �ey v vv/C i t yA t UA m y//_ones/%C2 53 8-1 September 26,2019 Zone Case No. 2538-I page - 3of3 6310 Genoa Ave.Suite Lubbock Tx.79424 Phone 806.687.1569 Fax.806.7028995 Texas Firm Registration No.10087500 Email.info@slevenssurvey com norrisczslevenss urveyxo m DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 42,BLOCK AK, ABSTRACT NO.851, LUBBOCK COUNTY,TEXAS (Sheet I of 2,Sketch of tract attached as Sheet 2) A 0.288 acre tract of land located in Section 42, Block AK, Abstract Number 851, Lubbock County, Texas, being a portion that certain 188.5074 acre tract of land conveyed to Storehouse Land Company,LLC,described as"Tract 6"in a Warranty Deed recorded in County Clerk's File Number 2017029518 of the Official Public Records of Lubbock County,Texas, said 0.288 acre tract being further described by metes and bounds as follows: BEGINNING at the southwest corner of that certain 2.001 acre tract of land described in a Warranty Decd recorded in Volume 4712, Page 259 of the Real Property Records of Lubbock County,Texas,and in the(proposed)north right-of-way line of an alley for the southeast corner of this tract and having coordinates of Northing: 7,271,620.59 and Easting: 907,279.89, Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence the southeast corner of Section 42 bears S.01°48'59" W.a distance of 2336,24 feet and S.88° 11'01"E.a distance of 3129.36 feet, said section comer having coordinates of Northing: 7,269,186.92 and Easting: 910,332.89,Texas Coordinate System of 1983(2011),Texas North Central"Zone; THENCE N. 88* 09' 52" W., along the (proposed) north right-of-way line of said alley, a distance of 62.93 feet to a point of intersection for the most southerly southwest corner of this tract; THENCE N. 490 41'01" W.a distance of 15.66 feet to a point of intersection in the(proposed) cast right-of-way line of Wausau Avenue for the most westerly southwest corner of this tract; THENCE northerly,along said(proposed)east right-of-way line of Wausau Avenue and a curve to the right;an arc distance of 135.82 feet,said curve having a radius of 620.00 feet,a delta angle of 12" 33'04", a chord distance of 135.54 feet and a chord bearing of N. 04" 27'54" W., to a point of tangency for a corner of this tract; THENCE N. 01'- 48'38" L•'.,along said(proposed)east right-of-way line of Wausau Avenue,a distance of 4.68 feet to the southwest comer of Lot 1,Garner Addition,an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 2678,Page 45 of the Real Property Records of Lubbock County,Texas, for the northwest comer of this tract; THENCE S. 88" 09' 52" E., along the south line of said Lot 1, Garner Addition, a distance of 90.00 feet to the northwest corner of said 2.001 acre tract for the northeast comer of this tract; THENCE S.01'48'38" W.a distance of 149.15 feet to the POM*OF BEGMNING.Bearings and coordinates are based on the Texas Coordinate System of 1983(2011), Texas North Central Zone.The Convergence angle to True North bearings is-01"54'07".Distances are at surface,in U.S.Survey feet. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. This description is compiled from information obtained in deeds and previous surveys made within said Section 42 and encompassing this tract.