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Home My WebLink AboutOrdinance - 2007-O0121 - Amending Zoning Ordinance To Make Changes: Case 3096 Reduced Setback Garden Home - 11/20/2007First Reading November 20, 2007 It:em Ho. 6.4 ORDINANCE NO. 2001-00121 Second Reading December 6, 2007 Item No. 5.10 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3096; A ZONING CHANGE FROM T TO C-3, GO, AND R-1 SPECIFIC USE FOR REDUCED SETBACKS, AND R-1 SPECIFIC USE FOR GARDEN HOMES ON 160.5 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 25, 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 pre,sented 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, the 1986 Comprehensive Land Use Plan as amended is a guide to help the Lubbock Planning and Zoning Commission and City Council determine the physical development of the community; however, planning is a continuous process and change is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council recognize that the zone change is a minor deviation from the 1986 Comprehensive Land Use Plan as amended, which protects public and private commitments that have been previously based on the Plan; 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 29-29 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 bearing 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. 3096 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from T to C-3, GO, R-1 Specific Use for reduced setbacks, and R-1 Specific Use for Garden Homes under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 160.5 acres of unplatted land out of Block E-2, Section 25, City of Lubbock, Lubbock County, Texas, located at 114th Street and Slide Road, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A", "B", "C", "D", and "E" . SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a curb cut (access management) plan shall be approved by the Planning and Zoning Commission prior to the sale of any of the tracts adjacent to Slide Road and 114th Street, all in one instrument. The curb returns on Slide Road are governed by Texas Department of Transportation and will be included in the proposal to the Planning and Zoning Commission; 2. THAT to reinforce a proposed plat condition, the Applicant shall work with the Fire Department for an access point for one (1) of the streets that would allow at least ingress from Chicago A venue in the northwest quadrant of the subdivision; and 3. THAT in the single family portions of the subdivision, the minim11m front setback shall be twenty feet (20'), the minimum side setback on corner lots and front setback on cul de sac private streets shall be five feet (5'). The exception shall be that the setback for the structure for any driveway to a front or rear facing garage shall be twenty feet (20'). 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 Zone Case No. 3096 page-2of4 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) and 29-24(c)(2) of Codified Zoning Ordinance No. 7084 on the property described as 114th Street and Slide Road, 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 20th day of _.....:Nc:..:ovc...:....::;em=h:...;e=r--, 2007. Passed by the City Council on second reading this 6th day of December , 2007. ATTEST: APPROVED AS TO CONTENT: 72 ~ ~ _D_~-=);q-J#ld--- DAVniA~MILLER,MAYOR Zone Case No. 3096 page-3 of 4 APPROVED AS TO FORM: ~c!~~- Linda L. Chamales Senior Attorney Office Practice vw/cityatt/Linda/ZoneCases/ZC3096 November 2, 2007 Zone Case No. 3096 page-4 of 4 Ordinance Ho. 2007-00121 Tract 1 C-3 Zoning METES AND BOUNDS DESCRIPTION for a 36.5 acre tract of land located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at the Southeast corner of Section 25, Block E-2. Lubbock County, Texas, for the Southeast corner of this tract; THENCE N. 88°43'17" W .• along the South line of Section 25, Block E-2, Lubbock County, Texas, an approximate distance of 887.08 feet to the Southwest corner of this tract; THENCE N. 01 °16'43" E., an approximate distance of 553.01 feet: THENCE N. 31 °00'40" E., an approximate distance of 922.87 feet; THENCE N. 01 °43'42" E., an approximate distance of 1286.99 feet to a point in the North line of the Southeast Quarter of said Section 25, Block E-2; THENCE S. 88°25'22" E., along the North line of the Southeast Quarter of said Section 25, Block E-2, an approximate distance of 440.00 feet to the Northeast corner of the Southeast Quarter of said Section 25, Block E-2; THENCE S. 01 °43'42" W ., along the East line of said Section 25, Block E-2, an approximate distance of 2639.13 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for Ford Development October 8, 2007 EXHIBIT "A" Ordinance Bo. 2007-00121 Tract 2 Garden Office Zoning METES AND BOUNDS DESCRIPTION for a 4.9 acre tract of land located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at 'd point in the South line of Section 25, Block E-2, Lubbock County, Texas, for the Southeast corner of th is tract which bears N. 88° 43 '1 r W. an approximate distance of 887. 08 feet from the Southeast corner of Section 25, Block E-2, Lubbock County, Texas; THENCE N. 88"43'17" W., along the South line of said Section 25, Block E-2, an approximate distance of 840.00 feet to the Southwest comer of this tract; THENCE N. 01 °16'43" E., an approximate distance of 255.00 feet to the Northwest corner of this tract; THENCE S. 88°43'17" E., an approximate distance of 840.00 feet to the Northeast corner of this tract; THENCE S. 01 °16'43" W., an approximate distance of 255.00 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for Ford Development October 8, 2007 EXHIBIT "B" Ordinance No. 2007-00121 Tract3 Garden Office Zoning METES AND BOUNDS DESCRIPTION for a 3.7 acre tract of land located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at the Southwest corner of the Southeast Quarter of Section 25, Block E-2, Lubbock County, Texas, for the Southwest corner of this tract; THENCE N. 01°45'05" E., along the West line of the Southeast Quarter of said Section 25, Block E-2, an approximate distance of 255.01 feet to the Northwest corner of this tract; THENCE S. 88°43'17" E .• an approximate distance of 634.03 feet to the Northeast corner of this tract; THENCE S. 01 °16'43" W., an approximate distance of 255.00 feet to a point in the South line of said Section 25, Block E-2, for the Southeast corner of this tract; THENCE N. 88°43'17" W., along the South line of said Section 25, Block E-2. an approximate distance of 636.13 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for Ford Development October 8, 2007 EXHIBIT "C" Ordinance Ho. 2007-00121 Tract4 R-1 Specific Use-Reduced Setbacks Zoning METES AND BOUNDS DESCRIPTION for an approximate 101.10 acre tract of land located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of the Southeast Quarter of Section 25, Block E-2, Lubbock County, Texas, for the Northwest corner of this tract; THENCE S. 88°25'22" E., along the North line of the Southeast Quarter of Section 25, Block E-2, Lubbock County, Texas, an approximate distance of 2202.08 feet to the Northeast comer of this tract; THENCE S. 01°43'42"W, an approximate distance of 1286.99 feet; THENCE N. 64°28'16" W., an approximate distance of 140.64 feet; THENCE NORTH, an approximate distance of 84.33 feet; THENCE N. 53°29'32" W., an approximate distance of 139 .19 feet; THENCE S. 31 °00'40" W. an approximate distance of 888.29 feet; THENCE SOUTH, an approximate distance of 62.45 feet; THENCE S. 58°59'20" W., an approximate distance of 129.82 feet; THENCE s. 31°00'40" W., an approximate distance of 128.50 feet; TH ENCE N. 88° 43 '1 r W, an approximate distance of 555.27 feet; THENCE N. 15°12'21" W., an approximate distance of 168.06 feet; THENCE N. 74°47'39" W., an approximate distance of 175.10 feet; THENCE S. 18°55'41" W., an approximate distance of 349.12 feet; THENCE S. 33°13'35" E., an approximate distance of 223.98 feet; THENCE S. 01°16'43" W., an approximate distance of 255.00 feet to a point in the South line of said Section 25, Block E-2; THENCE N. 88°43'17" W .• along the South line of said Section 25, Block E-2, an approximate distance of 280.00 feet; EXHIBIT "D" THENCE N. 01 ° 16'43" E., an approximate distance of 255.00 feet; THENCE N. 88°43'1 r W., an approximate distance of 634.03 feet to a point in the West line of the Southeast Quarter of said Section 25, Block E-2; THENCE N. 01 °45'05n E., along the West line of the Southeast Quarter of said Section 25, Block E~2, an approximate distance of 2397.90 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for Ford Development October 8, 2007 Exhibit "D" Ordinance No. 2007-00121 TRACTS R-1 Specific Use-Garden Homes Zoning METES AND BOUNDS DESCRIPTION for an approximate 14.27 acre tract of land located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at the Southernmost Southeast comer of this tract, which bears N 88°44'17'' W ., a distance of 887.08 feet, and N 01°16'43" E., a distance of 255.00 feet from the Southeast corner of Section 25, Block E-2, Lubbock County, Texas; THENCE N. 88°43'17" w., an approximate distance of 840.00 feet; THENCE N. 33°13'35" W, an approximate distance of 223.98 feet; THENCE N. 18°55'41" E., an approximate distance of 349.12 feet; THENCE S. 74°47'39" E., an approximate distance of 175.10 feet; THENCE S. 15°12'21" W., an approximate distance of 168.06 feet; THENCE S. 88°43'17" E., an approximate distance of 555.27 feet; THENCE N. 31°00'40" E., an approximate distance of 128.50 feet; THENCE N. 58°59'20" E., an approximate distance of 129.82 feet; THENCE NORTH, an approximate distance of 62.45 feet; THENCE N. 31 °00'40n E., an approximate distance of 888.29 feet; THENCE S. 53°29'32" E., an approximate distance of 139.19 feet; THENCE SOUTH, an approximate distance of 84.33 feet; THENCE S. 64°28'16" E., an approximate distance of 140.64 feet; THENCE S. 31°00'40" W., an approximate distance of 922.87 feet; THENCE S. 01°16'43" W., an approximate distance of 298.01 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for Ford Development October 8, 2007 EXHIBIT "E" .. THE STATE OF TEXAS t)-~ ~ COUNTY OF LUBBOCK ~ • Before me Alan C. Weems day personally appeared Sarah Rankin ...;;..;;;;;;..;,;;,;.,;..;,.;;.;.;..;.=.;;.;;_----------- . JAN J 7 2008 CITY SECRETARY NOTARY PUBLIC in and for the State of Texas _/n_s_i_di_e_C_l_a_s_s1_·ti_ie_d_M_a_n_a __ g~!:::::L::UB::60C::::::K.::...TEXA:.::;:::;:S~_, my commission Expires Sll/2011 LUBBOCK AVALANCHE-JOURNAL Morris Communication Corporation Subscribed and sworn to before me this FORM58-10 __ ;JJ_N>-__ day of ~ A.lAN C WEEMS No111rv Public. State of Texas My Commission Expires May 07, 2011