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Home My WebLink AboutOrdinance - 2017-O0153 - Amending Zoning Ordinance 7084. Zone Case 3257-E - 12/07/2017First Reading December 7, 201 7 Item No. 6.5 ORDINANCE NO. 2017-00153 Second Reading December 18, 2017 Item No. 7.5 AN ORDINANCE AMENDING ZONrNG ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKrNG THE FOLLOWING CHANGES: ZONE CASE NO. 3257-E; A ZONrNG CHANGE FROM GO TO C-2 AND R-1 SPECIFIC USE FOR REDUCED SETBACKS, ON 10.59 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION I, LUBBOCK, TEXAS: SUBJECT TO CONDITIONS; PROVIDrNG A PENALTY; PROVIDrNG A SA VrNGS 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 Land Use Plan as amended is a guide to help the Lubbock Planning and Zoning Commission and City Council determine the physical development of the community; however, planning is a continuous process and change is inevitable; and WHEREAS, 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 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. 3257-E SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provtswns of Section 40.01 .005 of the Code of Ordinances of the City of Lubbock from GO to C-2 and R-1 Specific Use for reduced setbacks on 10.59 acres of unplatted land out of Block AK, Section 1, City of Lubbock, Lubbock County, Texas, located at 13502 University Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRJPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the zone change shall have: a) 20' front yard setback on mid-block lots; b) 5' front yard setback on cul-de-sac lots; and c) 5' side yard 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 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 GO 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 13502 University Avenue, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision ofthis Ordinance shall be deemed d 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. Zone Case No. 3257-E page-2 ofJ AND IT IS SO ORDERED. Passed by the City Council on first reading on December 1, 2011 Passed by the City Council on second reading on December 18,...2 . .LL.Jo::""------ DANIEL M. POPE, MAYOR ATTEST: _Q~ Rebt a Garza, City Secreta y APPROVED AS TO CONTENT: ~~ Lata Krishnarao, Interim Director of Planning APPROVED AS TO FORM: vwiCity All/ Justm/ZonesiZC325 7 ·E Noveml>er 7. 2017 Zone Case No. 3257-E page-3 of3 A Q. A ,1 I c:. ENGINEERING f".,f' \.., '-IW SURVEYING Texas Surveying No. 101153-00 Texas Engineering Firm No. 4368 2737 81 ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 ~- II ,, •• "CoiJ.nl on il" Metes and Bounds Description prepared for Zone Change Purposes Only on a 3.07 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point which bearsS 01°46'06" W, approximately 1362.50 feet; and S 88°02'16" E, approximately 4749.76 feet from a found nail and washer accepted as the Northwest corner of Section 1; THENCE S 88° 11'59" E, approximately 155.14 feet; THENCE S 01°51'21" W, approximately 862 feet; THENCE N 88°11'59" W, approximately 155.14feet; THENCE N 01°51 '21" E, approximately 862 feet; to the PLACE of BEGINNING, containing 3.07 Acres Prepared for Zone Change Purposes only, does not represent an actual survey. A Q A ,.., 1 c. ENGINEERING f' .. f' ~ \Jt.J SURVEYING Texas Surveying No . 101153-00 Texas Engineering Firm No. 4368 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 7 45-7670 "Count on it" Metes and Bounds Description prepared for Zone Change Purposes Only on a 7.52 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point which bearsS 01 °46'06" W, approximately 1362.50 feet; and S 88°02'16" E, approximately 4904.9 feet from a found nail and washer accepted as the Northwest corner of Section 1; THENCE S 88°11 '59" E, approximately 380 feet; THENCE S 01°51 '21" W, approximately 862 feet; THENCE N 88°11 '59" W, approximately 380 feet; THENCE N 01°51 '21" E, approximately 862 feet; to the PLACE of BEGINNING, containing 7.52 Acres Prepared for Zone Change Purposes only, does not represent an actual survey. 60' 60' 299 298 To·-60' 288 289 !85 284 283 60' 60' 60' 60' 60' 60' . 248 257 2 1l]' 12J' ~ 247 258 92' 98' lley .. __ _ Tract \ \ \ \ \ \c-"2... \ \ \ . \ 150 ~ 150' Tract H ~ N 3 -- .. ~ l{) 0 ~ 0 ,, i I 0 <( o~ ~ O:.N C1l ~lO ~ z l ...... >-:::>!'} ~0 ON 0:. u~ · ... / \..-' <( """··-~ nr---··• . _J Ox : _J OJ!-w n . .-::X:: CD u ··0 tn co UlCD ~:::> "'0-.J -o <( \.... 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