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Home My WebLink AboutOrdinance - 2009-O0071 - Zoning Change Single Family District To R-1 Specific Use: Zone Case 1610A - 07/30/2009First Reading July 30, 2009 Item No. 1.3 ORDINANCE NO. 2009-00071 Second Reading August 13, 2009 Item No. 5.22 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1610-A; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR REDUCED SETBACKS AND REDUCED MINIMUM LOT SIZE ON PROPOSED CUL-DE-SAC LOTS 35, 38, 45, 48, 55, 58, 65, AND 68 ON 19.27 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 5, 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 29-29 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.1610-A 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 R-1 to R-1 Specific Use for reduced setbacks and reduced minimum lot size on proposed cul-de-sac lots 35, 38, 45, 48, 55, 58, 65, and 68 on 19.27 acres of unplatted land out of Block E, Section 5, City of Lubbock, Lubbock County, Texas, located at Southeast corner of 79t" Street and Avenue O, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the minimum front setback for non -cul-de-sac lots shall be twenty feet (20'). 2. THAT the minimum front setback for cul-de-sac lots shall be five feet (51), except that any front entry garage shall be required to have a twenty foot (201) minimum front setback. 3. THAT the minimum setback for corner lots shall be five feet (5'), except any side street entry garage shall have a minimum twenty feet (20') of setback. 4. THAT if the homes are constructed with access to the garage from the alley, the back and/or side yard fence on corner lots shall have a minimum of a five foot (5') setback that matches the home. 5. THAT the interior lot size from the end of each cul-de-sac may be four thousand eight hundred (4,800) square feet which is less than the Codes requirement of five thousand (5,000) square feet. 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 R-1 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 Southeast corner of 79"' Street and Avenue O, 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. 1610-A page -2of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 30th day of July _, 2009. Passed by the City Council on second reading this 13th day of August , 2009. ATTEST: Reber a Garza, City Secretary APPROVED AS TO CONTENT: — Z1t�"VC1n-56')r11 Randy Henson, ctor of Planning APPROVED AS TO FORM: s Chad Weaver Assistant City Attorney vw/C ityAtUChad/Zones/ZC 1610-A July 7, 2009 TOM ARTIN, MAYOR Zone Case No. 1610-A page - 3 of 3 Ordinance No. 2009-00071 4K:1 . CIVIL ENGINEERING LAND PLANNING Autrey, McDaniel & Dulin, LP Rezone to R-1 Specific Use METES AND BOUNDS DESCRIPTION of a 19.27 acre tract of land out of a 20.783 acre tract of land located in Section 5, Block E, Lubbock County, Texas, prepared for Zone Change Purposes only and being fiarther described as follows: BEGINNING at a point in the South line of an alley in Section 5, Block E, which bears East approximately 619 feet from the Northwest corner of the South Half of the Southwest Quarter of Section 5, Block E, Lubbock County, Texas; THENCE S 88' E, along South alley line an approximate distance of 1598 feet; THENCE S 1° W, an approximate distance of 533 feet; THENCE N 88' W, an approximate distance of 1567 feet; THENCE N 10 E, an approximate distance of 366 feet; THENCE N 8° W, an approximate distance of 172 feet to the Point of Beginning and containing approximately 19.27 acres. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Tri-High Mesa Enterprises June 11, 2009 P.=04KEDAR PARKISURVEYIMGWR9-Rezone b R-t Speft Use.doo THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this day personalty appeared Mary Elizabeth George of the Southwestern Newspaper Corporation, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first insertion of this _Legal Notice No. at Lubbock County, Texas and the attached printed copy of the Notice on the following dates: is a true copy of the original and was printed in the Lubbock CZ 0203 S .1q�L..-)Orots 3fv.41110 �\6 L411i . k 4EV NOTARY PUdW in and for the State of Texas my commission Expires 4128/2012 LUBBOCK AVALANCHE -JOURNAL Morris Communication Corporation r Subscribed and sworn to before me this day of t2'� WENDY J. KNOX NOTARY PUBLIC FORM 58-10State of Texas 'omm. Exp. 04-28-2012 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this day personally appeared Mary Elizabeth George of the Southwestern Newspaper Corporation, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice No. at Lubbock County, Texas and the attached printed copy of the Legal Notice is a true copy of the original and was printed in the Lubbock NOTARY PAKIC in and for the State of Texas my commission Expires 4✓2812012 LUBBOCK AVALANCHE -JOURNAL Morris Communication Corporation Subscribed and sworn to before me this '� �44'k- day of _Q& aj-4-� �'�`'�� "°°ti'• WENpY J. KNOX FORM 58-10 i *? `•. i NOTARY PUBLIC �•. �••.....•�' � :' State of Texas �'��`Of.`6'•°' Comm. E . �. 04-28-2012