HomeMy WebLinkAboutOrdinance - 2006-O0130 - Amending Zoning Ordinance To Make Changes: Zone Case No. 3049-A From T To C-3 - 12/07/2006Pirst Reading
December 7~ 2006
Item No. 6.6
ORDINANCE N0. __ 20_0_6-o_O_l_30 __
Second Reading
December 19, 2006
Item No. 5.6
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; A ZONING CHANGE FROM T TO C-3
AND R-1 SPECIFIC USE FOR SINGLE FAMILY HOMES WITH REDUCED
SETBACK ON 71 ACRES 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 reconunendation 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-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from T to C-3 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 71 acres out of Block E, Section 10,
City of Lubbock, Lubbock County, Texas, located in the area newly annexed
south of 98th Street and west of A venue P, subject to conditions and being
further described as follows:
METES AND BOUNDS DESRIPTION: Attached as Exhibits" A" and "B".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the C-3 tract (Tract 2) shall be subject to a review of a master
curb cut plan by the Planning Conunission prior to any portion of the
parcel being fmal platted.
2. THAT Tract 1 shall be zoned as R-1 Specific Use subject to the
following conditions:
• The front setback minimum shall be twenty feet for non cul de
sac lots;
• The front setback minimum for a cui de sac 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.
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 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 71
acres out of Block E, Section 10, City of Lubbock, Lubbock County, Texas, being
further described in Exhibit "A".
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.
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.
Zone Case No. 3049-A
page-2of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 7th day of December , 2006.
Passed by the City Council on second reading this 19th day of December , 2006.
ATTEST:
£<~ ~fii RebtccaGarza,city Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~G-~~~
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC3049-A
November 7. 2006
Zone Case No. 3049-A
page-3 of3
Exhibit "A"
Zone Case No. 3049-A
Ordinance No. 2006-Q0130
Stonebridge-Tract 1: Proposed Zoning Change from T to R-1 Specific Use with
reduced setback (20' Front, 5' Side Street, and 15' Cul-de-sac setbacks)
Metes and Bounds Description of a 61.54 acre tract out of Section 10, Block E, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point which bears West an approximate distance of 586.1 feet from the
Northeast corner of Section 10, Block E;
THENCE South, an approximate distance of 689.5 feet;
THENCE S 87° 0' 34" E, an approximate distance of 490.8 feet;
THENCE East, an approximate distance of94.5 feet;
THENCE South, an approximate distance of 603.7 feet;
THENCE West, an approximate distance of2640.2 feet;
THENCE North, an approximate distance of659.6 feet;
THENCE East, an approximate distance of593.7 feet;
THENCE North, an approximate distance of659.7 feet;
THENCE East, along the North Line of Section 10, Block E, an approximate distance of
1462.1 to the Point of Beginning.
Exhibit "B"
Zone Case No. 3049-A
Ordinance Ho. 2006-oo 130
Stonebridge-Tract 2: Proposed Zoning Change from T to C-3
Metes and Bounds Description of a 9.47 acre tract out of Section 10, Bloc~ E, Lubbock
County, Texas, being further described as fo11ows:
BEGINNING at the Northeast comer of Section I 0, Block E;
TIIENCE South, along the East Line of Section 10, Block E, an approximate distance of
716.0 feet;
THENCE West, an approximate distance of94.5 feet;
THENCE N 87° 0' 34" W, an approximate distance of 490.8 feet;
THENCE North, an approximate distance of689.5 feet;
THENCE East, along the North Line of Section 10, Block E, an approximate distance of
586.1 feet to the Point of Beginning.