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Home My WebLink AboutOrdinance - 2005-O0085 - Ordinance Amending Zoning Ordinance To Make Change: Zone Case No. 3043 - 07/28/2005First Reading July 28, 2005 Item 37 ORDINANCE NO. 200S-o0085 Second Reading August 8, 2005 Item9 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKJNG THE FOLLOWING CHANGES: ZONE CASE NO. 3043; A ZONING CHANGE FROM T TO C-2, R-2 AND R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 53.5 ACRES OF UNPLATTED LAND OUT OF SECTION 17, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDmONS; 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, 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 29-24 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. 3043 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from T to C-2, R-2 and R-1 Specific Use for reduced setbacks under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 53.5 acres of unplatted land out of Section 17, Block E-2, City of Lubbock, Lubbock County, Texas, located at 105th Street and Quaker A venue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIIPTION: Attached as Exhibits "A", "B" and "C". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT within the R-2 and R-1 areas: • The front setback shall be a minimum of twenty (20) feet; • The side setback adjacent to streets shall be a minimum of five (5) feet; • If the homes in that block are constructed with rear access, the fence setback adjacent to the side street shall also be five feet; • The front setback for lots on cui-de-sacs shall be a minimum of five (5) feet except that any front entry garage shall have a minimum setback of twenty (20) feet. 2. THAT for the two (2) proposed C-2 parcels: • Each C-2 parcel is allotted a maximum of two curb returns to Quaker or a master plan for curb cuts on Quaker approved as "other business" by the Planning Commission at a later date; • A screening fence of masonry or a combination of masonry with wood inserts be required on the east boundary of the two tracts concurrent with the first construction permit on each parcel; • Approval of the request will not be considered as a stepping-stone to heavier zoning in the future, recognizing that this ordinance cannot bind any future Commission or City Council; • That the owner of the parcel is responsible for an alternate use more restrictive than C-2 should the market not prove to be available for either parcel 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 29-24 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 T 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 29-24 (c) (24) of Codified Zoning Ordinance No. 7084 on the property described as 53.5 acres of unplatted land out os Section 17, Block E-2, City of Lubbock, Lubbock County, Texas. Zone Case No. 3043 page-2 of4 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/1 00 Dollars ($2,000.00) as provided in Section 29-31 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 this 21th day of_.=..Ju::.:l::...~Y:.....__ __ ....), 2005. Passed by the City Council on second reading this 8th d ATTEST: ~ALfl-~ Rebecca Garza, City Secretary Zone Case No. 3043 page-3 of4 -=~.:::..:::....--::::oo--' 2005. AL,MAYOR APPROVED AS TO FORM: .-~/~~~C?~~-_,/ Linda L. Chamales Senior Attorney Office Practice aslcityatt!Linda!ZoneCases/ZC3043 July7, 2005 Zone Case No. 3043 page-4 of4 Ordinance No. 2005-00085 Zone Case No. 3043 Exhibit "A" HUG~ibEED AND ASSOCIATES. INC. LAND SURVEYORS CIVIL ENGINEERS 1601 Awnue N I Lut>bOCk. Texas 71401 I 8061783-58421 FAX 80&'78S-8801 40.87 Acres R-1 Specific Use METES AND BOUNDS DESCRIPTION for a 40.78 acre tract of land located in Ravenwood, an addition to the city of Lubbock, lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South an approximate distance of 1761.4 feet and N. 89°59'04" E. an approximate distance of 961.4 feet from the Northwest comer of Section 17, Block E-2.Lubbock County, Texas; THENCE N. 89°59'05" E. an approximate distance of 1685.0 feet to a point; THENCE S. 00°01 '26" E. an approximate distance of 880.9 feet to a point; THENCE West an approximate distance of 2329.1 feet to a point; THENCE N 00°00'55" W. an approximate distance of 306.2 feet to a point; THENCE N. 89°59'58" E. an approximate distance of 336.0 feet to a point; THENCE N. 00°00'55" W. an approximate distance of 146.0 feet to a point; THENCE S. 89°59'05" W . an approximate distance of 44.0 feet to a point; THENCE N. 00°00'55" W. an approximate distance of 146.0 feet to a point; THENCE N. 89°59'05" E. an approximate distance of 352.0 feet to a point; THENCE N. 00°00'55" W. an approximate distance of 282.0 feet to the Point of Beginning. FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Carl Russell May 12,2005 Ordinance No. 2005-00085 Zone Case No. 3043 Exhibit "B" 111:1;; HUGO REED AND ASSOCIATES. INC. LAND SURVEYORS CIVIL ENGINEERS 1601 AYttnue N /l.wtlboc:k, Texaa 79401 I 8081783-5642 I FAX 8061783-3811 6.3 Acres R-2 METES AND BOUNDS DESCRIPTION for a 6.3 acre tract of land located in Ravenwood, an addition to the city of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South an approximate distance of 1761.4 feet and N. 89°59'04" E. an approximate distance of 317.4 feet from the Northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE N. 89°59'05" E. an approximate distance of 644.0 feet to a point; THENCE S. 00°00'55" E. an approximate distance of 282.0 feet to a point; THENCE S. 89°59'05" W. an approximate distance of 352.0 feet to a point; THENCE S 00°00'55" E. an approximate distance· of 146.0 feet to a point; THENCE N. 89°59'05" E. an approximate distance of 44.0 feet to a point; THENCE S. 00°00'55" E. an approximate distance of 146.0 feet to a point; THENCE S. 89°59'58" W . an approximate distance of 336.0 feet to a point; THENCE N. 00°00'55" W. an approximate distance of 574.0 feet to the Point of Beginning. FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for. Cart Russell May 12,2005 Ordinance No. 2005-00085 Zone Case No. 3043 Exhibit "C" HUGO REED AND ASSOCIATES. INC. 1801 Avenue N I Lubbock, Texas 79401/8011763-5842/ FAX &oe/763-3891 · '"'J~"'""' ..... ·;o·· IC:\ ~oR~ .._~ u--·~ 1 "~ • • ;o CIVIL ENGINEERS 6.4 Acres C2-A METES AND BOUNDS DESCRIPTION for a 6.4 acre tract of land located in Ravenwood, an addition to the city of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of Section 17, Block E-2 and the centerline of Quaker Avenue, which bears South an approximate distance of 1761.4feet from the Northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE N. 89°59'04 • E. an approximate distance of 317.4 feet to a point; THENCE S. ooooo·ss• E. an approximate distance of 880.2 feet to a point; THENCE S. 89°59'sa· W. an approximate distance of 313.9 feet to a point in the center of Quaker Avenue; THENCE N 00°14'17" W., continuing along the centerline of Quaker Avenue, an approximate distance of 880.2 feet to the Point of Beginning. FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Carl Russell May 12,2005 ..