The URL can be used to link to this page

Home My WebLink AboutOrdinance - 2006-O0114 - Amending Zoning Ordinance To Make Changes: Case No. 2995-C, Specific Use Set-Bac - 10/26/2006Fi.rst Reading October 26, 2006 Itea No. 6.3 ORDINANCE NO . 2006...00114 Second Reading November 9, 2006 ltea No. 5.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2995-C; A ZONING CHANGE FROM R-1 SPECIFIC USE AND A-2 TO C-3, C-2 AND R·l SPECIFIC USE FOR SETBACK ON 32.9 ACRES OF UNPLATTED LAND OUT OF SECTION 29 AND 30, BLOCK AK, 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. 2995-C SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 Specific Use and A-2 to C-3, C-2 and R-1 Specific Use for setback under provisions of Section 29-29 and Section 29-24 of the Code of Ordinances of the City of Lubbock on 32.9 acres of unplatted land out of Section 29 and 30, Block AK, City of Lubbock, Lubbock County, Texas, located east and west of Milwaukee Avenue, south of 66th Street and north of 82nd Street, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTIONS: Attached hereto as Exhibits "A", "B", "C", "D", "E" and "F". SUBJECT TO THE FOLLOWING CONDITIONS: Tract 4: R-1 Specific Use for Setback (Exhibit "D"). 1. THAT the front setback shall be a minimum of fifteen feet, except that any front entry garage shall have a minimum setback of twenty feet. 2. THAT the side setback on corner lots shall be a minimum of five feet. 3. THAT a five foot minimum setback shall be allowed on cui de sac lots with the exception that any front entry garage must meet a twenty foot setback. Tracts 1, 2, 3, 5 and 6: C-2 and C-3 (Exhibits "A", "B", "C", "E" and "F"). 1. THAT for each of the areas zoned commercially, a traffic access plan (curb cuts) shall be approved by the Planning Commission prior to a construction permit being issued. 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 Pennit 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 R-1 Specific Use and A-2 zone districts; 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 R-1 Specific Use 29-24(c)(24) for setback of Codified Zoning Ordinance No. 7084 on the property described as 32.9 acres of unplatted land out of Section 29 and 30, Block AK, 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. 2995-C page-2 of3 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 26th day of _ __::0-=.c.=.:to:.:b::.::e:=.r __ , 2006. Passed by the City Council on second reading this 9th day of November , 2006. ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: ~~t7'~,./(..- Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCases/ZC2995-C October 5, 2006 Zone Case No. 2995-C page-3 of3 Exhibit "A" Tract 1 Rezone to C-3 Zone Case No. 2995-C Ordinance Bo. 2006-00114 CIVIL ENGINEERING LAND PLANNING METES AND BOUNDS DESCRIPTION of a 3.5 acre tract ofland located in Section 30, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point in the East line of Section 30, Block AK, which bears North approximately 1428 feet from the Southeast comer of Section 30, Block AK, Lubbock County, Texas; TIIENCE West an approximate distance of 470 feet; THENCE North an approximate distance of 324 feet; THENCE East an approximate distance of 470 feet to a point in the East line of Section 30, Block AK; THENCE South, along the East line of Section 30, Block AK, an approximate distance of 324 feet to the Point of Beginning and containing approximately 3.5 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan August 31, 2006 Exhibit "B" Tract Z Rezone to C-2 Zone Case No. 2995-C Ordinance Ko. 2006-00114 CIVIL ENGINEERING LAND PLANNING METES AND BOUNDS DESCRIPTION of a 4.1 acre tract ofland 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 the West line of Section 29, Block AK, which bears South approximately 1060.7 feet from the Northwest comer of Section 29, Block AK, Lubbock County, Texas; TIIENCE East an approximate distance of320 feet; THENCE S 45° E an approximate distance of 244 feet; TIIENCE S 45° Wan approximate distance of378 feet; THENCE Southwesterly along a curve to the right having a radius of 220.5 feet, a central angle of 45°, a chord distance of 168.8 feet, a chord bearing of S 67° 30' W, and an arch length of 173.2 feet; THENCE West an approximate distance of70 feet, to a point in the West line of Section 29, Block AK; TIIENCE North along the West line of Section 29, Block~ an approximate distance of 504 feet to the Point of Beginning and containing approximately 4.1 acres, including any Right ofWay. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan August 31, 2006 Exhibit "C" Tract 3 Rezone to C-2 . Zone Case No. l995~C Ordinance No. 2006-oo114 CIVIL ENGINEERING LAND PLANNING METES AND BOUNDS DESCRIPTION of a 3. 7 acre tract ofland 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 the West line of Section 29, Block AK, which bears South approximately 1060.7 feet from the Northwest comer of Section 29, Block AK, Lubbock County, Texas; THENCE North along the West line of Section 29, Block AK, an approximate distance of 302 feet; THENCE East an approximate distance of 445 feet; THENCE S 45° E an approximate distance of216 feet; THENCE S 45° W an approximate distance of 302 feet; THENCE N 45° Wan approximate distance of91 feet; THENCE West an approximate distance of320 feet to the Point of Beginning and containing approximately 3.7 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan August 31,2006 Exhibit "D" Tract 4 Zone Case No. 2995-C Ordinance No. 2006-Q0114 CML ENGINEERING LAND PLANNING · Rezone to R-1 Specific Use METES AND BOUNDS DESCRIPTION of a 6.6 acre tract of land located in Section 29, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further desaibed as follows: BEGINNING at a point which bears North approximately 682 feet, and East approximately 338 feet from the Southwest comerofSection29, Block AI<, Lubbock County, Texas; THENCE North an approximate distance of745 feet; THENCE N 45° E an approximate distance of 168 feet; THENCE S 45° E an approximate distance of372 feet; THENCE South an approximate distance of 600 feet; THENCE West an approximate distance of382 feet to the Point of Beginning and containing approximately 6.6 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan August 31, 2006 Exhibit "E" Tract 5 Rezone to C-3 Zone Case No. 2995·C Ordinance No. 2006-Q0114 CIVIL ENGINEERING LAND PlANNING METES AND BOUNDS DESCRIPTION of an 8.4 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 the West line of Section 29, Block AK, which bears North approximately 682 feet from the Southwest comer of Section 29, Block AK, Lubbock County, Texas; THENCE North an approximate distance of 1048 feet; THENCE East an approximate distance of 273 feet; THENCE s 45° E an approximate distance of 259 feet; TIIENCE S 45° W an approximate distance of 168 feet; THENCE South an approximate distance of745 feet; THENCE West an approximate distance of338 feet to the Point of Beginning and containing approximately 8.4 acres, including any Right ofWay. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan August 31, 2006 Exhibit "F" Tract 6 Rezone to c .. 2 Zone Case No. 2995-C Ordinance No. 2006-Q0114 CIVIL ENGINEERING LAND PLANNING METES AND BOUNDS DESCRIPTION of a 6.6 acre tract of land located in Section 30, Block ~ Lubbock County, Texas, prepared for Zone Change Pmposes only and being further described as follows: BEGINNING at a point in the East line of Section 30, Block AK, which bears North approximately 1752 feet ftom the Southeast comer of Section 30, Block AK, Lubbock County, Texas; TIIENCE West an approximate distance of394 feet; TIIENCE North an approximate distance of730 feet; THENCE East an approximate distance of394 feet to a point in the East line of Section 30, Block AK.; THENCE South, along the. East line of Section 30, Block AK, an approximate distance of 730 feet to the Point of Beginning and containing approximately 6.6 acres, including any Right ofWay. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. . Prepared for: George McMahan August 31, 2006