The URL can be used to link to this page

Home My WebLink AboutOrdinance - 2006-O0129 - Amending Zoning Ordinance To Make Changes: Zone Cae NO. 2933-A; Change From Go - 12/07/2006First Reading December 7, 2006 Item. No. 6.5 ORDINANCE NO. 2006-<>0129 Second Reading December 19, 2006 Item No. 5.5 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2933-A; A ZONING CHANGE FROM GO, A-2, R- 2, R-1 AND T TO C-3, A-2 AND R-1 SPECIFIC USE FOR SINGLE FAMILY HOMES WITH REDUCED SETBACK ON 60 ACRES OF SECTION 27, BLOCK A, 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 Goverrunent 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. 2933-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from GO, A-2, R-2, R-1 and T to C-3, A-2 and R-1 Specific Use for single family homes with reduced setback under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 60 acres of Section 27, Block A, City of Lubbock, Lubbock County, Texas, located south of 82nd Street beteen Milwaukee and Quincy, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A", "B", "C", "D", "E", "F", "G", "H", "I" and "J". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT Tracts 1 and 2 (C-3) shall be subject to a review of a master curb cut plan by the Planning Commission prior to any portion of the parcels being final platted. 2. THAT Tracts 3, 4 and 7 shall be zoned as R-1 Specific Use subject to the following conditions: • The front setback minimum shall be twenty feet for non cui de sac lots; • The front setback minimum for a cui de sac lot shall be five feet with the exception that any front entry garage shall have a twenty foot setback; • Any corner lot shall have a minimum side setback of five feet and the back yard fence adjacent to the street shall also have a five foot setback. 3. THAT Tracts 5 and 6 (C-3) shall have a limit of two curb cuts for the entire length of the parcels along Milwaukee. 4. THAT Tracts 10, 11 (A-2) and 12 (C-3) shall have a master curb cut plan approved by the Planning Commission for the portions adjacent to a thoroughfare prior to final plat of any portion of the parcels. 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 A-2 and R-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 29-24 of Codified Zoning Ordinance No. 7084 on the property described as 60 acres of Section 27, Block A, City of Lubbock, Lubbock County, Texas, further described in Exhibits "C", "D" and "G". 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. Zone Case No. 2933-A 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 nh day of December , 2006. Passed by the City Council on second reading this 19t:h day of December , 2006. _?)~4~ DAVID A. MILLER, MAYOR ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Linda L. Chamales Senior Attorney Office Practice as/cityau/LindaJZoneCases/ZC2933-A November 7, 2006 Zone Case No. 2933-A page-3 of3 Exhibit "A" Zone Case No. 2933-A Ordinance Bo. 2006-Q0129 Monterey -Tract 1: Proposed Zoning change from GO to C-3 .. Metes and Bounds Description of a 3.83 acre tract out of Section 27, Block AK, Lubbock County, Texas, being further descnbed as follows: BEGINNING at a point which bears West an ap;>roximate distance of 1763.0 feet ftoin · the Northeast corner of Section 27, Block AK; THENCE South, an approximate distance of 231.7 feet; THENCE West, an approximate distance of718.8 feet; THENCE North, an approximate distance of232.8 feet; THENCE East, along the North Line of Section 27, Block AK, an approximate distance of 718.8 feet to the Point of Beginning. . .: ":' .. Zone Case No. 2933-A Exhibit "B" Monterey-Tract 2: Proposed Zoning change from A-2 to C-3 Metes and Bounds Description of a 3.30 acre tract out of Section 27, Block AK, Lubbock County, Texas, being further descnbed as follows: • BEGINNING at a point which bears West an approximate distance of 1763.Q feet and South an approximate distance of231.7 feet from the Northeast comer ofSectien 27, Block AK; THENCE South, an approximate distance of200.0 feet; . ..... . .. . THENCE West, an approximate distance of718.8 feet; THENCE North, an approximate distance of200.0 feet; THENCE East, an approximate distance of718.8 feet to the Point ofBeginning. •; " .. .. .. ........ Zone Case No. 293~-A Exhibit "C" Monterey-Tract 3: Proposed Zoning change from A-2 to R-1 Specific Use with reduced setbacks (20' front, 5' side street, and 15' cul-de-sac setbacks) Metes and Bounds Description of a 4.82 acre tract out of Section 27) Block ~ Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears West an approximate distance of 1763.0 feet and South an approximate distance of 431.7 feet from the Northeast corner of Section 27, BlockAK; THENCE South, an approximate distance of292.0 feet; THENCE West, an appro;~Cimate distance of718.8 feet; THENCE North, an approximate distance of292.0 feet; THENCE East, an approximate distance of718.8 feet to the Point of Beginning. Zone Case No. 2933-A Exhibit "D" Monterey-Tract 4: Proposed Zoning change from R-2 to R-1 Specific Use with reduced setbacks (20' front, 5' side street, and 15' cul-de-sac setbacks) Metes and Bounds Description of a 4.39 acre tract out of Section 27, Block AI<.; Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears West an approximate distance of 1763.0 feet and South an approximate distance of 723.7 feet from the Northeast corner of Section 27, BlockAK; THENCE East, an approximate distance of 1291.5 feet; THENCE South, an approximate distance of 148.0 feet; THENCE West, an approximate distance of 1291.5 feet; THENCE North, an approximate distance of 148.0 feet to the Point ofBegiruting. Zone Case No. 2933·A Exhibit "E" Monterey-Tract 5: Proposed Zooiog chaoge from R·2 to C-3 Metes and Bounds Description of a 1. 71 acre tract out of Section 27, Block AK. Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South an approximate distance of 711.1 feet from the Northeast corner of Section 27, Block AK; THENCE South, along the East Line of Section 27, Block AK, an approximate distance of 158.0 feet; THENCE West, an approximate distance of 472.8 feet; THENCE North, an approximate distance of 158 feet; THENCE East, an approximate distance of 472.6 feet to the Point of Beginning. Zone Case No. 2933-A Exhibit "F~ Monterey-Tract 6: Proposed Zoning change from R-1 to C-3 Metes and Bounds Description of a 1.51 acre tract out of Section 27, Block AK, Lubbock County, Texas, being further described as .follows: BEGINNING at a point which bears South an approximate distance of869.2 feet from the Northeast comer of Section 27, Block AK; THENCE South, along the East Line of Section 27, Block AK., an approximate distance of 129.9 feet; TIIENCE West,~ approximate distance of55.0 feet; THENCE S45W, an approximate distance of 14.1 feet; THENCE West, an approximate distance of398.l feet; THENCE N45W, an approximate distance of 14.1 feet; THENCE North, an approximate distance of 130 feet; THENCE East, an approximate distance of 472.8 feet to the Point of Beginning. Zone Case No. 2933-A Exhibit "G" Monterey-Tract 7: Proposed Zoning change from R-2 to R-1 Specific Use with reduced setbacks (20' front, 5' side street, and 15' cul-de-sac setbacks) Metes and Bounds Description of a 3.57 acre tract out of Section 27. Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears North an approximate distance of 1161.2 feet from the Southeast corner of Section 27, Block AK; THENCE West, an approximate distance of 1036.5 feet; THENCE North, an approximate distance of 150 feet; THENCE East, an approximate distance of 1036.2 feet; THENCE South. along the East Line of Section 27, Block AK, an approximate distance of 150.0 feet to the Point of Beginning. Zone Case No. 2933-A Exhibit "H" Monterey-Tract 10: Proposed Zoning Change from T to A-2 Metes and Bounds Description of a 10.98 acre tract out of Section 27, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears West an approximate distance of 1907.0 feet from the Southeast corner of Section 27, Block AK; THENCE West, along the South Line of Section 27, Block AK, an approximate distance of777.0 feet; THENCE North, an approximate distance of 600.9 feet; THENCE East, an approximate distance of60.0 feet; THENCE N45E, an approximate distance of21.2 feet; THENCE East, an approximate distance of 702.2 feet; THENCE South, along the East Line of Section 27, Block AK, an approximate distance of618.2 feet to the Point ofBeginning. Zone Case No. 2933-A Exhibit "I" Monterey -Tract 11: Proposed Zoning Change from T to A-2 Metes and Bounds Description of an 11 .59 acre tract out of Section 27, Block AK, Lubbock County, Texas, being further described as follows : BEGINNING at a point which bears East an approximate distance of 1829.6 feet from the Southwest comer of Section 27, Block AK; THENCE North, an approxirnate·distance of641.6 feet; THENCE East, an approximate distance of 786.1 feet; THENCE South, an approximate distance of 643 .9 feet; THENCE, along the South Line of Section 27, Block AK, an approximate distance of 784.3 feet to the Point of Beginning. Exhibit "J" Zone Case No. 2933-A Ordinance No. 2006-Q0129 Monterey -Tract 12: Proposed Zoning Change from T to C-3 Metes and BoWlds Description of a 14.30 acre tract out of Section 27, Block AI<.. Lubbock County, Texas, being further described as follows: BEGINNING at the Southwest corner of Section 27, Block AK; THENCE North, along the West Line of Section 27, Block AI<.. an approximate distance of844.0 feet; · THENCE East, an approximate distance of 736.6 feet; THENCE South, an approximate distance of 846.1 feet; THENCE South, along the South Line of Section 27, Block AI<.. an approximate distance of737.6 feet to the Point of Beginning.