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HomeMy WebLinkAboutOrdinance - 2017-O0121 - Amending Zoning Ordinance 7084 Zone Case 3324 - 09/14/2017First Reading September 14, 2017 Item No. 7.5 ORDINANCE NO. 2017 00121 Second Reading September 28, 2017 Item No. 7.12 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3324; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR TOWNHOMES, ON 6.51 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 43, 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. 3324 SECTION l. 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 ofthe City of Lubbock from R-1 to R-1 Specific Use for townhomes on 6.51 acres of unplatted land out of Block AK, Section 43, City of Lubbock, Lubbock County, Texas, located at 701119'11 Street and 6907 191h Street, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: Zoue Case No. 3324 Page-/ of3 1. THAT the townhome lots shall have a five (5) foot side setback on corner lots and a five (5) foot front setbacks on cul-de-sac 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 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 40.03.310 l- 40.03 .3103 of Codified Zoning Ordinance No. 7084 on the property described as 7011 19th Street and 6907 19th 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 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 fo r 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 September 14, 2017 Passed by the City Council on second reading on September 28, 2017 DANIEL M. POPE, MAYOR ATTEST: Zone Case No. 3324 Page -2 of3 APPROVED AS TO CONTENT: APPROVED AS TO FORM: vw/CityAtt/Justin/Zones/ZC3324 (As amended on 2"d Reading>.. September 29,2017 ' Zone Case No. 3324 Page -3 of3 AMD ENGINEERING, LLC Rezone to R-1 Specific Use METES AND BOUNDS DESCRIPTION of a 6.51 acre tract of land located in Section 43, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further desc1ibed as follo\vs: BEGINNING at a point for the Northeast and beginning comer of this tract, whence the Northwest comer of Section 43, Block AK bears NO 1°48' 11 "E, approximately a distance of345.0 feet and N88° 12'08"\V, approximately a distance of2484.4 feet; THENCE SO I 0 48' II "W, approximately a distance of 121.7 feet to a point for a comer of this tract; THENCE SO 1 o4 7' 52"W, approximately a distance of 200.3 feet to a point for a comer of this tract; THENCE N88° 12'08"\V, approximately a distance of 1.5 feet to a point for a comer of this tract; THENCE SO I o4 7' 52"W, approximately a distance of 135.0 feet to a point for the Southeast comer of this tract; THENCE S46°4 7' 52"W, approximately a distance of 14.1 feet to a point for a comer of this tract; THENCE N88° 12 '08"W, approximately a distance of 596.4 feet to a point for a comer of this tract; THENCE NO I 04 7' 52''E, approximately a distance of 4 77.0 feet to a point for the Northwest comer of this tract; THENCE S43 o 12'08"E, approximately a distance of 14.1 feet to a point for a comer of this tract; THENCE S88° 12'08"E, approximately a distance of 597.4 feet to the Point of Beginning and containing approximately 6.51 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Wooded Forrest July7,2017 P'2017\17083·5"3BAK·BUSHLAND SPRINGS TOWNHOMES•SUR'IEYINGfiELJNQTE DESCRIPTIONS\ZONE C~ANGE TO '<·1·SP~CIFIC USE dec