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HomeMy WebLinkAboutOrdinance - 2006-O0062 - Amending Zoning Ordinance To Make Change: Case No. 3061 - 05/25/2006First Reading May 25, 2006 Item No. 6.4 ORDINANCE NO. 2006-00062 Second Reading June 8, 2006 Item No. 5.2 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3061; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE AND R-2 SPECIFIC USE FOR A REDUCED FRONT AND SIDE SETBACK ON 12.006 ACRES OF UNSUBDIVIDED LAND OUT OF SECTION 9, BLOCK E, 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. 3061 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 and R-2 Specific Use for a reduced front and side setback under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 12.006 acres of unsu bdivided land out of Section 9, Block E, City of Lubbock, Lubbock County, Texas, located north of 90th Street and west of Avenue T, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A" and "B". BOTH R-1 SPECIFIC USE AND R-2 SPECIFIC USE SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a minimum front setback of twenty feet for normal mid-block lots. 2. THAT a minimum front setback of five feet for cul-de-sac lots with the exception of a front entry garage, which shall have a minimum twenty foot setback. 3. THAT a minimwn side setback of five feet for comer lots, with the exception that a garage portion must have a twenty foot setback if the opening faces the street. 4. THAT if the homes are built with access to the garage from a paved alley, the fences on the corner lot will be set back five feet to match the setback of the home. 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 12.006 acres of unsubdivided land out of Section 9, Block E, 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 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 25th day of ___ Ma_,y.__ __ , 2006. Passed by the City Council on second reading this 8th day of _ ___;Jc...:un:..:..;;.:_e __ , 2006. Zone Case No. 3061 page -2 of 3 DAVID ATTEST: ~~~ eb ca Garza, City Secretary ~ APPROVED AS TO CONTENT: R ~S0L Senior Planner APPROVED AS TO FORM: ~aL ~ c~~ Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCases/ZC306 I May 4, 2006 Zone Case No. 3061 page-3 of3 Exhibit "A" Autrey, McDaniel & Dulin, LP Zone Case No. 3061 Clumge of Zoning to R-2 Specific Use Ordinance No. 2006--00062 Tract A CIVIL ENGINEERING LAND PLANNING Metes and Bounds Description of a 2.16 acre tract out of Section 9, Block E, Lubbock County, Texas prepared for Zone Change Purposes only and further described as follows: BEGINNING at the Southwest corner of the Northeast quarter of Section 9, Block E. THENCE N 00°04'34" W, 303.48 feet THENCE N 89°57'30" E, 309.98 feet THENCE S 00004'24" E, 303.47 feet THENCE S 89°57'27" W, 309.96 feet to the PLACE of BEGINNING and containing 2.1595 acres, including any Right of Way Prepared for Zone Change Purposes only, does not represent a survey. Exhibit "B" Autrey, McDaniel.& Dulin, LP TractB Zone Case No. 3061 Cil:i ,,ge of Zoning to R-1 Specific Use Ordinance No. 2006--00062 CIVIL ENGINEERING LAND PLANNING Metes and Bounds Description of a 9.846 acre tract out of Section 9, Block E, Lubbock Cowity, Texas prepared for Zone Change Purposes only and further described as follows: BEGINNING at a point that bears N 89°57'27" E, 309.96 feet from the Southwest comer of the Northeast quarter of Section 9, Block E. THENCE N 00°04'24" W, 303.47 feet THENCE S 89°57'30" W, 309.98 feet THENCE N 00004'34" W, 425.00 feet THENCE N 89°57'30" E, 717.89 feet THENCE S 00004'47" E, 728.47 feet THENCE S 89°57'27" W, 407.97 feet to the PLACE of BEGINNING and containing 9.846 acres, including any Right of Way Prepared for Zone Change Purposes only, does not represent a survey.