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Home My WebLink AboutOrdinance - 2011-O0033 - Amending Zoning Ordinance 7084. Zone Case 2995-J - 03/22/2011First Reading March 22, 2011 Item No. 6. 6 ORDINANCE NO. 2011-00033 _...=..;;..;;:;..;.._,;;_;c~=---- Second Reading April 14, 2011 Item No. S. 17 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING HANGES: ZONE CASE NO. 2995-J; A ZONING CHANGE FROM R-1 SPECIFIC 1usE TO A-2 AND R-2 SPECIFIC USE FOR REDUCED SETBACK ON 34.539 !ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 29, LUBBOCK, ~EXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A A VINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly resented to the Planning and Zoning Commission for its recommendation which was eceived by the City Council and, after due consideration, the City Council found that due o changed conditions, it would be expedient and in the interest of the public health, afety and general welfare to make those proposed changes in zoning; and WHEREAS, the 1986 Comprehensive Land Use Plan as amended is a guide to elp the Lubbock Planning and Zoning Commission and City Council determine the hysical development of the community; however, planning is a continuous process and hange 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, exas, and the notices provided by the Texas Local Government Code §2 I 1.007 (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. 2995-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 of the City of Lubbock from R-1 Specific Use to A-2 AND R-2 Specific Use for reduced setback on 34.539 acres of unplattcd land out of Block AK, Section 29, City of Lubbock, Lubbock County, Texas, located at north cast corner of 72nd Street and Kewanee Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT should an apartment complex not be constructed on either of the "A-2" parcels before August 31, 2012, the zoning on that parcel will revert to the "R-1 Specific Use" Single-Family zoning. 2. THAT the "R-2" tracts shall allow a current minimum front setback of 20 feet and a minimum side setback adjacent to a street of 5 feet. If access to any of the properties on the block face is from the rear, the side fence on any lot adjacent to a street shall also meet the minimum 5 feet of side setback from the property line. 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, 'ncluding 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 hirty (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 he R-1 Specific Use 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 40.03.3103(x) of Codified Zoning Ordinance No. 7084 on the property described as north east corner of 72nd Street and Kewanee Avenue, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed 1 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. Zone Case No. 2995-J page -2 of 3 Ai D IT IS SO ORDE RED. :passed b) the City Council on first reading on ____ ..:.;M=a=r =ch:..:........:2::..e2=-..,,'----"'2=0_,,_l_,,_l ___ _ IJ 'nsscd by the City Council on second rending on ___ --=cA=p--=-r=i=-1 -'l=--4'-','----"'2=0=1.;;;;..l ___ _ TOM MA RTI N, MJ\ YOR ll\TTEST: I I \PPROVLD 1\S TO CONTENT: irector of Planning PPROVED AS TO FORM: I /2~1 ?,'W,Js \._..-' 'Chad Weaver IAssistant City A ttorney vw/ i1y,\llll'had/Z.u11c ·l7.C29<J~-.I !\ \:11ch .\, ~lit I Zone Case 1\0. 29Y5-J page -3 of 3 Ordinance No. 2011-00033 ~ I M!!!!::::I=-)::::___...:_____:AMD::..:::.:.=::.....:E=-N.:...=.G=-INE.:.:::.:E==.RIN-==...:..:G:.!....:, L==L~C Rezone to "A-2" METES AND BOUNDS DESCR,Il)TION of a 13.470 acre tract of land located in Section 29. Block AK. Lubbock County. Texas; prepared for Zone Change Purposes only and being further described as follows: BEGINNING at the intersection of the future Ironton Avenue and the center line of the proposed 71 st Street in the south ROW line of Ironton bearing N 44°S6'58" Wan approximate distance of 785.00 from the northeast comer of Tract A. Bacon Crest; THENCE S 4S003'02" W along center line of the proposed 72nd Place an approximate distance of 1247.00 feet; THENCE N 44°S6'58" Wan approximate distance of338.00 feet; THENCE S 45°02'49" Wan approximate distance ofS.98 feet; THENCE N 44°S7' 11" Wan approximate distance of 130.98 feet; THENCE N 4S002'58" E an approximate distance of 1281.93 feet; THENCE Southeasterly, with a curve to the left, having a radius of 262.64 feet, a central angle of 27°10'59,., a chord distance of 123.44 feet, a chord bearingofS 31°23'23" E and an arc length of 124.61 feet; THENCE S 44°S6'58" B an approximate distance of349.00 feet to the Point of Beginning and containing approximately 13.470 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan February 23, 2011 Ordinance No. 2011-00033 fri I w I•) AMD ENGINEERING, LLC ~=:::::_ ______ :.:::.:=::...:=.:...:...=-=...:.==::.=::....:...::::.!..===-=- Rezone to "A-2" METES AND BOUNDS DESCRIPTION of a 17 .520 acre tract of land located in Section 29, Block AK, Lubbock County, Texas; prepared for Zone Change Purposes only and being further described as follows: BEGINNING at the intersection of Ironton Avenue and the center line of 721111 Place in the south ROW line of Ironton bearing N 44°S6'58° Wan approximate distance of 173.00 from the northeast comer of Tract A, Bacon Crest; THENCE S 45°03 '02" W along center line of the proposed 72ml. Place an approximate distance of 1247.00 feet; THENCE N 44°S6'58" Wan approximate distance of 612.00 feet; THENCE N 45°03'02" E an approximate distance of 1247.00 feet; THENCE S 44°56' 58" E an approximate distance of 612.00 feet to the Point of Beginning and containing approximately 17.520 acres, including any Right of Way. PREPARED FOR ZONB CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan February 23, 2011 ---·--····--····· Ordinance No. 2011-00033 /i : : .... //''-~v •• I I I ·,.. //' '. 11."-c / 'I l I ·, / /' "· ~ i I ! 11 ., ,, .._ j5~f-·· --~.,-·• :---~~-r:(,I .. /' ,/~/-~/-! 1!1 I , 'I •,! 11 I ~ ~l,.__~ II II I I Ii I I 1;1 I i . L________________ I ____ _ ' ', I t t t ~ "-. l • • ....., ... _ . .. "'IUCT '·, '··-----·--· . ...l-l. .. -·-····-·-··-··-----.L-:!:. '!!::!..:o.......--lRCNT0N A\IENIJS --i i i I I i j ! I I j I I i i ·' ! I I I I I i i I I ~' I I /./' n 1 I II ! 11 I I I ! ! I I 11 I I I ! I I ! ' I I I I F-• ! I i ! I I ---•·•• j ! I I l , _;;;L;-·;;;--;;·~--=::::..:S,1.--'-;...a..,.__.__..-... -F;;::::i....a&-----'U....b...--L' ~--.. ---• 0 125' 250' 500' REZONE 13.47 ACRE TRACT AND 17.52 ACRE TRACT TO aA-2" SECTION 29, BLOCK AK. LUBBOCK COUNTY, TX ----- Ordinance No. 2011-00033 AMO ENGINEERING, LLC -··-----·---·-------~ Rezone to R=i------ METES AND BOUNDS DESCRIPTION of a 4.38 acre tract of land located in Section 29, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: · BEGINNING at a point in which bears South approximately 1872.3 feet and East approximately 11S3.S feet from the Northwest comer of Section 29, Block AK, Lubbock County, Texas; THENCE N 4S0 E an approximate distance of 1,247 feet; TIIENCE S 45° E an approximate distance of 1S3 feet; TIIENCE S 45° Wan approximate distance of 1,247 feet; TIIENCE N 45° Wan approximate distance of 153 feet to the Point of Beginning and containing approximately 4.38 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan February 7, 2011 ------·--- r·-1 I I i I i I I I I I i I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I i I I I i I I ... I s I I i5 I ~ I I z I I I I I I I I j ! I I I ! I REZONE 4.380 ACRE TRACT TO "R-2" SECTION 29, BLOCK AK, LUBBOCK COUNTY, TX ,. ~ .. A.,_(..('Ji ,.r..~ 'tJ,? 2«1 ;