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Home My WebLink AboutOrdinance - 2005-O0126 - Amending Zoning Ordinance To Make Change: Zone Case No. 3049 - 10/27/2005Ordinance No. 2005-00126 October 27, 2005 Item 6.1.3 ORDINANCE NO. 2005-Q0126 Second Reading November 7, 2005 Item5.3 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3049; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR GARDEN HOMES, R-1 SPECIFIC USE FOR REDUCED SETBACKS, AND R-2 SPECIFIC USE FOR REDUCED SETBACKS ON 132.1 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 10, 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 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, 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. 3049 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from T to R-1 Specific Use for Garden Homes, R-1 Specific Use for Reduced Setbacks, and R-2 Specific Use for Reduced Setbacks under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 132.1 acres of unplatted land out of Block E, Section 10, City of Lubbock, Lubbock County, Texas, located south of 98th Street and west of Avenue U, subject to conditions and being further described as follows : METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A", ''B" and "C". SUBJECT TO THE FOLLOWING CONDITIONS: I. THAT Tract "A" (described in Exhibit A) shall be zoned R-1 Specific Use for Garden Homes. For the corner lots, the fence adjacent to side streets shall be set back from the side property line five feet. 2. THAT Tract "B" (described in Exhibit B) shall be zoned R-2 Specific Use for Reduced Setbacks. 3. THAT Tract "C" (described in Exhibit C) shall be zoned R-1 Specific Use for Reduced Setbacks. 4. THAT for Tracts "B" and "C": (a) the front minimum set back shall be twenty feet, except that the setback on a cul-de-sac may be a minimum of five feet with the exception of a front entry garage; and (b) the side setback for structures on corner parcels shall be a minimum of five feet, with the provision that no structure will intrude on the twenty-five foot vision triangle at any intersection. 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) 2 and 29-24 (c) 24 of Codified Zoning Ordinance No. 7084 on the property descn'bed as 132.1 acres of unplatted land out of Block E, Section 10, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fme not to exceed Two Thousand and No/ 100 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. Zone Case No. 3049 page-2 of3 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 27th day of October '2005. Passed by the City Council on second reading this ----~o'- ~-<& ~~ ReeCCaGarza, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: c:::;k_-~. ~~~~ Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/'ZAJneCases/ZC3049 October 11, 2005 Zone Case No. 3049 page-3 of3 Ordinance No. 2005-o0126 Zone Case No. 3049 Exhibit "A" HUGO REED AND ASSOCIATES. INC. LAND SURVEYORS CIVIL ENGINEERS 11101 AvenM HI Lldlllock, T-79401 /806176S-5642 I FAX 8081783-3181 2.5 acres R-1 Specific Use Garden Home METES AND BOUNDS DESCRIPTION for a 2.5 acre tract of land located in Section 10, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 10, Block E, Lubbock County, Texas, which bears S. 88°11 '30" E. an approximate distance of 670.0 feet from the Northwest corner of said Section 1 (}, Block E; THENCE S. 88°11 '30" E., along the North line of Section 1 o, Block E, an approximate distance of 151.2 feet to a point; THENCE S. 01 °48'30" W. an approximate distance of 730.0 feet to a point; THENCE N. 88°11 '30" W. an approximate distance of 151 .1 feet to a point; THENCE N. 01 °47'54• E. an approximate distance of 730.0 feet to the Point of Beginning. FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Joe Stettheimer Development September 6, 2005 Ordinance No. 2005-Q0126 Zone Case No. 3949 Exhibit "B" llil HUGO REED AND ASSOCIATES. INC. LAND SURVEYORS CIVIL ENGINEERS 1 601 Awnt» N I L.ulltiOclt, Texas 79401 /8081763-5842 I FAX IICJ6'763.3891 1.01 acres R·2 Specific Use METES AND BOUNDS DESCRIPTION for a 1.01 acre tract of land located in Section 1 0, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 10, Block E. Lubbock County, Texas, which bears S. 88°11 '30" E. an approximate distance of 2639.4 feet from the Northwest comer of said Section 10, Block E; THENCE S. 88°11'30" E., along the North line of Section 10, Block E, an approximate distance of 155.7 feet to the Northeast corner of the Northwest Quarter of said Section 1 0, Block E; THENCE S. 01 °56'32" W., along the East line of Section 10, Block E, an approximate distance of 284.0 feet to a point; THENCE N. 88°11'30" W. an approximate distance of 155.1 feet to a point; THENCE N. 01 °48'30" E. an approximate distance of 284.0 feet to the Point of Beginning. FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for. Joe Stettheimer Development September 6, 2005 Ordinance · Bo. 2005...00126 Zone Case No. 3049 Exhibit "C" 128.6 acres R-1 Specific Use METES AND BOUNDS DESCRIPTION for a 128.6 acre tract of land located in Section 10, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 10, Block E. Lubbock County, Texas, which bears S. 88°11 '30" E. an approximate distance of 821.2 feet from the Northwest comer of said Section 10, Block E; THENCE S. 88°11'30" E., along the North line of Section 10, Block E. an approximate distance of 1667.0 feet to a point; THENCE S. 01 °48'30" W . an approximate distance of 284.0 feet to a point; THENCE S. 88°11'30" E. an approximate distance of 155.1 feet to a point In the East line of the Northwest Quarter of Section 10, Block E; THENCE S. 01 °56'32" W ., along the East line of the Northwest Quarter of Section 1 0, Block E, an approximate distance of 2354.6 feet to the Southeast comer of the Northwest Quarter of said Section 10, Block E; THENCE N. 88°12'53" W., along the South line of the Northwest Quarter of Section 10, Block E, an approximate distance of 2257.4 feet to a point; THENCE N. 01°47'54" E. an approximate distance of 1909.5 feet to a point; THENCE S. 88°11'30" E. an approximate distance of 441.1 feet to a point; THENCE N. 01 °48'30" E. an approximate distance of 730.0 feet to the Point of Beginning. FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Joe SteHheimer Development September 6, 2005