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Home My WebLink AboutOrdinance - 2009-O0038 - Ordinance Amending Zoning Ordinance To Make Changes: Zone Case No. 3116 - 04/27/2009First Reading April 27. 2009 Item No. 6.1 ORDINANCE NO. 2009-o0038 Second Reading May 14. 2009 Itea No. 5.9 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3116; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE, A-2, GO, AND C-3 ON 320.35 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 4, 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 I 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 iii''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 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. 3116 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under proviSions of Section 29-24 of the Code of Ordinances of the City of Lubbock from T to R-1 Specific Use, A-2, GO, and C-3 on 320.35 acres of unplatted land out of Block AK, Section 4, City of Lubbock, Lubbock County, Texas, located at South of FM 1535 and North of the Lubbock City Limits between Indiana Avenue and Quaker Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPfiON: Attached as Exhibit "A'\ SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a total of two curb cuts shall be allowed to Indiana and to Quaker from the C-3 parcels. 2. THAT a site plan review with proposed materials shall occur on each of the two C-3 parcels prior to any subdivision or construction on the property. 3. THAT no curb cuts shall be allowed to each of the block Garden Office block ends adjacent to Quaker. 4. THAT two curb cuts shall be allowed for the Garden Office south of the proposed C-3 and 135"' Street. 5. THAT two curb cuts shall be allowed for the proposed Garden Office between 135"' and 1381h on Indiana. 6. THAT no curb cuts shall be allowed for the Garden Office parcels south of 138'b. 7. THAT access shall be from the adjacent intersecting streets for the Garden Office parcels on Quaker A "¥enue. If more than one lot is developed, a cross access easement shall be flied on that end cap (on Quaker) or the group of lots (on Indiana) concurrent with the first final plat. 8. THAT a twenty foot front setback is required for all non cui de sac lots. Zone Case No. 3116 page-2 of 4 9. THAT a five foot front setback is required for cui de sac lots, except that any front entry garage will have a twenty foot front setback. 10. THAT a five foot side setback is required for end lots adjacent to side streets. If the lots are developed with a rear access garage, the side setback for the fence shall also be five feet (versus the normal "zero") such that traffic from the alleys can have a better line of sight as they exit or enter the alleys. 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 South of FM 1535 and North of Lubbock City Limits between Indiana Avenue and Quaker Avenue, 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. Zone Case No. 3116 page-3 of4 AND IT IS SO ORDERED. Passed by the City Council on first reading this 27th day of April Passed by the City Council on second reading this 14th day of May TOM MARTIN, MAYOR ATTEST: APPROVED AS TO CONTENT: ~~ r of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vwiCityAtt/Chad/Zones/ZC3116 April 2, 2009 Zone Case No. 3116 page-4 of4 ' 2009. '2009. NOT lf.A TrcD C-3 ~ l') I I 11 ~ G Not to Scale Oxdinance No. 2009-o0038 NOT lf.ATTC() ~TA FRST ~YT£RWf AIXJITKJN Jl A·2 NOT lf.ATTCD F.M. I t585 -_ .. A-2 S£C170N 22. 81..00(£ -2 IIIOT IU TTED R·1 SPECIFIC USE ·--·-·-C-3 ........, --NOT lf.ATTW IIIOT lf.A TT£0 KELSEY PARK PROPOSED ~ONING February 5, 2009 -I ~ ~ II ----· () 8 .. LAND SURVEYORS CIVIL. ENGINEERS (S) (1 HUGO R~eo ·;;. Ordinance No. zoo9-oooJs t:: AND ASSOCIATES, INC. 1101 Avenue N I Lubbock, Tu .. 71401 I IOI/7U-U42 I FAX 10117U41t1 Proposed c-3 Zoning METES AND BOUNDS DESCRIPTION for a zone description of an approximately 25.0 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest comer of Section 4, Block AK, Lubbock County, Texas; THENCE S. 88°13'52" E., along the North line of said Section 4, an approximate distance of 1638.2 feet to a point in the center line of proposed Norfolk Avenue; THENCE S. 01 °46'31" W., along the center line of said proposed Norfolk Avenue, an approximate distance of 670. 1 feet to a point; THENCE N. 87°52'44" W., an approximate distance of 1638.6 feet to a point in the West line of said Section 4; THENCE N. 01 °48'13" E., along the West line of said Section 4, an approximate distance of 660.0 feet to the Point of Beginning. PREPARED FOR ZOfiE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Rex Robertson, January 30, 2009 LAND SURVEYORS CIVIL ENGINEERS 0 0 HUGO REED AND ASSOCIATES, INC. 1101 Avenu• N I Lullllock, Tex .. 71.01 I IDSI78S·U42 I FAX ID6176:S-UI1 Proposed GO Zoning METES AND BOUNDS DESCRIPTION for a zone description of an approximately 11.9 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of Section 4, Block AK, Lubbock County, Texas, which bears S. 01 °48'13" W., an approximate distance of 660.0 feet from the Northwest comer of said Section 4, Block AK; THENCE S. 88°13'52" E., an approximate distance of 315.0 feet to a point; THENCE S. 01 °48'13" W., an approximate distance of 1980.7 feet to a point; THENCE N. 88°13'29" W., an approximate distance of 315.0 feet to a point in the West line of said Section 4; THENCE N. 01 °48' 13" E., along the West line of said Section 4, an approximate distance of 1980.7 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAl SURVEY Prepared for Rex Robertson, January 30, 2009 LAND SURVEYORS CIVIL ENGINEERS (f) 0 HUGO REED AND ASSOCIATES, INC. 1101 Avenue N I Lubbo~k. Tu .. 71401 1 108/Ua-$$42 I FAX loti7U·Ut1 Proposed R-1 Specific Use METES AND BOUNDS DESCRIPTION for a zone description of an approximately 213.1 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears S. 01 °48'13" W ., an approximate distance of 660.0 feet, and S. 88°13'52" E., an approximate distance of 315.00 feet, from the Northwest corner of said Section 4, Block AK, Lubbock County, Texas; THENCE S. 88°13'52" E., an approximate distance of 4650.9 feet to a point; THENCE S. 01°45'55" W., an approximate distance of 1971.3 feet to a point; THENCE N. 88°13'29" W., an approximate distance of 4652.2 feet to a point; THENCE N. 01°48'13" E., an approximate distance of 1980.7 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Rex Robertson, January 30, 2009 LAND SURVEYORS CIVIL ENGINEERS 0 " HUGO REED AND ASSOCIATES, INC. 1t0t A.,.nue N I Lubbock, T ..... 7t40t 1110tf7U-$642 I FAX lot17U·311t Proposed GO Zoning METES AND BOUNDS DESCRIPTION for a zone description of an approximately 14.3 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of Section 4, Block AK, Lubbock County, Texas, which bears S. 01 °45'55" W ., an approximate distance of 670.0 feet from the Northeast comer of said Section 4, Block AK; THENCE S. 01°45'55" W., along the East line of said Section 4, an approximate distance of 1971.3 feet to a point; THENCE N. 88°13'29" W., an approximate distance of 315.0 feet to a point; THENCE N. 01 °45'55" E., an approximate distance of 1971.3 feet to a point; THENCE S. 88°13'52" E., an approximate distance of 315.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Rex Robertson, January 30, 2009 LAND SURVEYORS CIVIL ENGINEERS 0 0 HUGO REED AND ASSOCIATES, INC. UOt A"•nue N I Lulllloc:ll, Tex .. 7UOt I 10ti71W842 I FAX IOS17U·Uit Proposed C.3 Zoning METES AND BOUNDS DESCRIPTION for a zone desoription of an approximately 22.3 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at the Northeast comer of Section 4, Block AK, Lubbock County, Texas; THENCE S. 01 °45'55" W .• along the East line of said Section 4, an approximate distance of 670.0 feet to a point; THENCE N. 88°13'52" W., an approximate distance of 1448.1 feet to a point in the center fine of proposed Knoxville Avenue; THENCE N. 01 °46'08" E .• along the center line of proposed Knoxville Avenue, an approximate distance of 670.0 feet to a point in the North line of said Section 4; THENCE S. 88°13'52" E., along the North line of said Section 4, an approximate distance of 1448.1 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Rex Robertson, January 30, 2009 LAND SURVEYORS CIVIL ENGINEERS (j 0 HUGO REED Ordinance No. 2009-Q0038 AND ASSOCIATES, INC. UDt AYenue N I Lubbock, Texae 7U01 I 811/7U.St42 /FAX tol/71:t·3111 Proposed A·2 Zoning METES AND BOUNDS DESCRIPTION for a zone description of an approximately 33.75 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further descnbed as follows: BEGINNING at a point in the North line of Section 4, Block AK, lubbock County, Texas, which bears N. 88°13'52" W., an approximate distance of 1448.1 feet from the Northeast corner of said Section 4, Block AK, same being a point in the center line of proposed Knoxville Avenue; THENCE S. 01°46'08" W., along the center line of said proposed Knoxville Avenue, an approximate distance of 670.0 feet to a point; THENCE N. 88°13'52" W., an approximate distance of 2194.2 feet to a point in the center line of proposed Norfolk Avenue; THENCE N. 01°46'31" E., along the center line of said proposed Norfolk Avenue, an approximate distance of 670.0 feet to a point in the North line of said Section 4, Block AK; THENCE S. 88°13'52" E., along the North line of said Section 4, an approximate distance of 2194.1 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Rex Robertson, January 30, 2009