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HomeMy WebLinkAboutOrdinance - 2017-O0139 - Amending Zoning Ordinance 7084. Zone Case 2984-J - 10/26/2017First Reading October 26, 2017 Item No. 7.5 ORDINANCE NO. 2017-00139 Second Reading November 2, 2017 Item No. 7.5 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFJCIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2984-J; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES WITH REDUCED SETBACKS. ON 4.06 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 23, 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 reconunendation 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 A valanche-Joumal 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. 2984-J 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 ofthe City of Lubbock from R-1 Specific Use to R-1 Specific Use for garden homes with reduced setbacks on 4.06 acres of unplatted land out of Block E-2, Section 23, City of Lubbock. Lubbock County, Texas, located at 4902 1181h Street, subject to conditions. and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: I. THAT the property shall have 5 foot side setback on corner lots; 2. THAT the property shall have 5 foot front setback on cul-de-sac lots; and 3. THAT the property shall have 18 inch rear setback for a non-rear facing garage. 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 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 4902 ll8th 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 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 .O~tQper =2-=-6>....:2=..;0::....:1:....:.7 ______ _ Passed by the City Council on second reading on November 2, 2017 DANIEL M. POPE, MAYOR Zone Case No. 298-1-J page-2 of3 ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: \'W CttyAtt/Justm Zon~s. ZC2984-J October 5, 2017 Zone Case No. 298-1-J page-3 of3 AMD ENGINEERING, LLC Rezone to R-1 SPEC. GH METES AND BOUNDS DESCRIPTION of a 4.06 acre tract of land located in Section 23, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the Northwest and beginning comer of this tract, whence the Southwest comer of the North half of Section 23, Block E-2 bears West, approximately a distance of 1040.4 feet and S00°01 '19.'W, approximately a distance of 1185.8 feet; THENCE East, approximately a distance of 154.1 feet to a point for a corner of this tract; THENCE N8r22'39"E, approximately a distance of94.8 feet to a point for a comer of this tract; THENCE N82°12'24"E, approximately a distance of 92.1 feet to a point for the Northeast corner of this tract; THENCE S l9°42'26"E, approximately a distance of 16.7 feet to a point for a corner of this tract; THENCE S61 °28' 57"E, approximately a distance of23.2 feet to a point for a comer of this tract; THENCE Southeasterly, along the arc of a curve to the right, an arc distance of approximately 114.9 feet to a point for the end of said curve to the right and for a comer of this tract; said curve having a radius of 828.0 feet, a central angle of07°57'05'", and a chord that bears S26°33'42"E, a chord distance of approximately 114.8 feet; THENCE S23°50'46"W, approximately a distance of 11.6 feet to a point for a comer of this tract; THENCE S31 °58'06"E, approximately a distance of21.4 feet to a point for a comer of this tract; THENCE S67° 14 '20"E, approximately a distance of 16.5 feet to a point for a comer of this tract; THENCE S35°23 '07"E, approximately a distance of 88.3 feet to a point for a corner of this tract; THENCE Southwesterly, along the arc of a curve to the right, an arc distance of approximately 120.3 feet to a point for the end of said curve to the right and for a comer P:\2011117117·S2JBE2·0AKMONT PHASE 81SURVEYING\F1ELDNOTE DESCRIPTIONSIREZOOE TO R·l SPEC GH.doc ofthis tract; said curve having a radius of55.00 feet, a central angle of 125°16'03", and a chord that bears S27°2l '58"W, a chord distance of approximately 97.7 feet; THENCE South, approximately a distance of 52.0 feet to a point for a corner of this tract; THENCE N84°0 I '58"E, approximately a distance of 112.1 feet to a point for a corner of this tract; THENCE S68°01 '44"E, approximately a distance of24.0 feet to a point for a corner of this tract; THENCE Southeasterly, along the arc of a curve to the left, an arc distance of approximately 113.0 feet to a point for the end of said curve to the left and for a corner of this tract; said curve having a radius of2194.00 feet, a central angle of02°57'00", and a chord that bears S29°32'49"E, a chord distance of approximately 113.0 feet; THENCE S21 °36'31 "W, approximately a distance of 13.0 feet to a point for a corner of this tract; THENCE S2r3I '27"E, approximately a distance of 10.1 feet to a point for the Southeast comer of this tract; THENCE S76°10'51"W, approximately a distance of89.4 feet to a point for a comer of this tract; THENCE S85°25'20"W, approximately a distance of 87.8 feet to a point for a corner of this tract; THENCE West, approximately a distance of 254.5 feet to a point for the Southwest comer ofthis tract; THENCE North, approximately a distance of342.0 feet to a point for a corner ofthis tract; THENCE West, approximately a distance of206.0 feet to a point for a corner of this tract; THENCE North, approximately a distance of 161.5 feet to the Point of Beginning and containing approximately 4.06 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Jewell Davis September II, 2017 P;I2011117117·S23BE2· DAXMONT PHASE B\S UR 1/EY\ NGIF\ EUJNOTE D ESCRIPT\ ONSIREZONE TO R-1 SPEC GH .00: P.O.D FliDW THIS POINT, THE SOUTHWEST CORNER OF THE HOifflf ~ OF SECTION 23, BLOCK E-2 BEARS WI:ST, 1 040.4' AND 500"01 '19"W, t885.8' - L~~~ SCALE: 0 100' 200 400" ~P'""'I!~-~-~~-iil~~~~i