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HomeMy WebLinkAboutOrdinance - 2017-O0127 - Amending Zoning Ordinance 7084. Zone Case 2984-I - 09/28/2017First Reading September 28, 2017 Item No. 7.5 0 RD IN AN CE N 0 .____,2""'0....._17.J._-_,_,0'-"'-0.....,12"--J.7 __ Second Reading October 12, 201 7 Item No. 7.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2984-1; A ZONING CHANGE FROM A-2 TO R-1 SPECIFIC USE FOR REDUCED SETBACKS, ON 5.715 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 38, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDfNG 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, the 1986 Comprehensive I.and Use Plan as amended is a guide to help the Lubbock Planning and Zoning Commission and City Council determine the physical development or the community; however, planning is a continuous process and change is inevitable; and ~,.HEREAS, the Lubbock Planning and Zoning Commission and City Council recognize that the zone change is a minor deviation from the 1986 Comprehensive Land Use Plan as amended, which protects public and private commitments that have been previously based on the Plan; and WHEREAS, all conditions precedent required by law lor a valid amendment to the Zoning Ordinance and Map have been fully complied with, including giving notices in compliance with Section 40.01.005 or the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211 .007 (Vernon, 1990), and notice \vas duly published in the Lubbock Avalanche-Journal more than fifteen ( 15) days prior to the date or 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 or 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 tirst reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2984-1 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change or zoning under prOVlSlOns of Section 40.01.005 or the Code or Ordinances of the City or Lubbock from A-2 to R-1 Specific Use for reduced setbacks on 5. 715 acres of unplatted land out of Block AK, Section 38, City of Lubbock, Lubbock County, Texas, located at 6601 37th 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 setbacks shall be: a. 20' front yard setback; b. 5' front yard setback on cul-de-sac lots; c. 5' side setback on 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 Pennit 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 A-2 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 or Section 40.03.3101- 40.03.3103 or Codified Zoning Ordinance No. 7084 on the property described as 6601 37th 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. TIIA T 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. Zone Case No. 2984-1 page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading on September 28. 2017 Passed by the City Council on second reading on October 12, 2017 DANIEL M. POPE, MAYOR ATTEST: APPROVED AS TO CONTENT: irector of Planning APPROVED AS TO FORM: vw/City A ttl Justin/Zones/ZC2984-1 September 7, 20 17 Zone Case No. 2984-1 page -3 of3 \-~;::"::.·.c:·/ z .':' ~ bu I I \fll".\/,'llf,f/!/!J ~<~!:';,~II :-'.'U I P .'.!!) .... ' ~y- \11/'Siri/JIO//Jf/J LOTS 5l!7Tl!Rlltio5, MILWAUKEE RIDGE AN ADDrl ION TO THE CITY OF LUll !lOCK Ll~III!Ol'K COUNTY. ri:XAS t ©Ti:'I'FNS St'RI'E}'f."/(j CO., LLC ttt "'"''nor ri'J.,rrrF• Tf\<\fiX.\1\lJ.IUOrj .. )"~ ( \ Ordinance No. 2008-D0087 Metes and Bounds description prepared for Zone Change purposes only on a 5.47 acre tract out of Section 38, Block AK, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at the Northeast corner of this tract which bears South 1361.05 feet and West 806.94 feet from the Northeast corner of Section 38, Block AK; THENCE South, 451.66 feet; THENCE West, along the North line of Tract C, Raider Ranch and the North line of a 32.09 acre tract, 527.39 feet to the Southwest corner of this tract; THENCE North, 451 .66 feet; THENCE East, 527.39 feet to the PLACE of BEGINNING and containing 5.47 acres. Prepared for Zone Change Purposes only Does Not represent a survey. S:\EP2004 PROJECTS\MilwaukeeRidge\RaiderRanch\Nursing Zone Change.doc ( (