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Home My WebLink AboutOrdinance - 2009-O0076 - Amending Zoning Ordinance To Make Change; T To R-1;Zone Case 3127 - 08/27/2009First Reading August 27, 2009 Item No. 6.2 ORDINANCE NO. 2009-00076 Second Reading September 10, 2009 Item No. 5.13 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3127; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 80.99 ACRES OF PHASE II CAMBRIDGE WAY, UNPLATTED LAND OUT OF BLOCK AK, SECTION 26, 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. 3127 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 for reduced setbacks on 80.99 acres of Phase II Cambridge Way, unplatted land out of Block AK, Section 26, City of Lubbock, Lubbock County, Texas, located at West of Wassau Avenue and South of 84" Street, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a twenty foot (20') front setback for non cul de sac lots is required; 2. THAT a five foot (5') front setback for any cul de sac lot, with the exception that any front entry home shall have a minimum of twenty feet (20') of set back for a front entrance garage; 3. THAT a five foot (5') side setback for corner lots; and 4. THAT if a five foot (5') side setback is used on a corner lot, and the homes on the block utilize access to the garage from the alley, the fence of the corner lot shall be inset five feet (5') to provide a better visual entrance/exit from the alley. 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 West of Wassau Avenue and South of 841" Street, 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. 3127 page -2of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 27th day of August , 2009. Passed by the City Council on second reading this 10th day of September , 2009. ATTEST: Reber Garza, City Secretary APPROVED AS TO CONTENT: Randy Henson, , irector of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/CityAtt/Chad/Zones/ZC3127 August 6, 2009 �N- Lei L3 skyj I&I•• Zone Case No. 3127 page - 3 of 3 Ordinance No. 2009-00076 Exhibit A METES AND BOUNDS DESCRIPTION FOR RE -ZONING TR 2 - A 80.989 ACRE TRACT OF LAND OUT OF THE NW QUARTER OF SECTION 26, BLOCK AK BEGINNING AT THE NORTHWEST CORNER OF THIS TRACT, SAID POINT BEING IN THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 26, BLK AK, A DISTANCE OF 941.4 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION, THENCE SOUTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 26, BLK AK, A DISTANCE OF 1698.8 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, BLK AK, THENCE N 890 57'20" E ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 26, BLK AK, A DISTANCE OF 635 FEET TO A POINT, THENCE, N 00 02'40" W FOR A DISTANCE OF 300 FEET TO A POINT OF CURVATURE, THENCE, AROUND A CURVE TO THE RIGHT WITH A 600 FOOT RADIUS FOR A DISTANCE OF 942.47 FEET TO A TANGENT POINT, THENCE, ALONG A LINE BEARING N 890 57'20" E FOR A DISTANCE OF 230 FEET TO A POINT OF CURVATURE, THENCE, AROUND A CURVE TO THE RIGHT WITH A RADIUS OF 600' FOR A DISTANCE OF 942.47 FEET TO A TANGENT POINT, THENCE, S 00 02'40" E FOR A DISTANCE OF 300 FEET TO A POINT IN THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 26, BLK AK, THENCE, N 890 57'20" E, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER, A DISTANCE OF 578.74 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, BLK AK, THENCE N 000 00' 24" W ALONG THE EAST LINE OF THE NORTHWEST QUARTER, A DISTANCE OF 1386.3 FEET TO A POINT, ALSO DESCRIBED AS THE SOUTHEAST CORNER OF CAMBRIDGE WAY LOTS I- 84. THENCE, S 890 56' 30"W, A DISTANCE OF 1119.71 FEET TO A POINT, THENCE, N 00 03' 30" W, A DISTANCE OF 282.0 FEET TO A POINT, THENCE, N 45003' 30" W, A DISTANCE OF 14.14 FEET TO A POINT, THENCE, S 890 56' 30" W, A DISTANCE OF 647.39 FEET TO A POINT THENCE, NORTH, A DISTANCE OF 20' TO A POINT, THENCE, S 890 56' 30" W, A DISTANCE OF 865.4 FEET TO THE PLACE OF BEGINNING. TRACT CONTAINS 80.989 ACRES THE ABOVE MEETS AND BOUNDS IS PREPARED BY BOBBY C. BEALE, P.E. FROM LUBBOCK COUNTY CLERK'S DEED RECORDS (2006045333 AND VOL 9004 PAGE 176 AND THE MEETS & BOUNDS DESCRIPTION FOR CAMBRIDGE WAY LOTS 1-84) AND IS TO BE USED EXCLUSIVELY FOR RE -ZONING OF THIS TRACT OF LAND. NO POINTS HAVE BEEN SET IN THE FIELD. ANY FUTURE PLATING OF THIS PROPERTY WILL REQUIRE A SURVEY BY A REGISTERED PROFESSIONAL SURVEYOR. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me 1: zeevnotn a Notan day personally appeared Mary Elizabeth George Corporation, publishers of the Lubbock Avalanche -Journal - Morning; did dispose and say that said newspaper has run continuously for n insertion of this Legal Notice No. printed copy of the Legal Notice Avalanche-Joumal on the following dates: 0 LUBBOCK AVALANCH y Commission Expires 4. Morris Communication County, Texas on this "stem Newspaper by me duly swom prior to the first hry �Cx 7`(d 1 K ,Texas and the attached Is a truesh«e;"°ed°` ;sdie nor nd was printed in the Lubbock ^� $2tSuni; �leliy,�tine�r�at�fo e�ceett: �p �san q�'N87100 DoJid`r's - C .`�o sr�stx7 45peouidecltn .ieC,nn# F' S %� NOTARY PUBLICAn and for the State of Texas my commission Expires `II-Z tV12 '4��IRi�P4lQ Subscribed and swom to before me this % °( day of O GY! pZOa % FORM 58-10 - - - - --- — -- --- --- - -- - - -- - -- -- --- --- � -- d l� THE STATE OF TEXAS Lvt 1 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 Leal Notice is a true copy of the original and was printed in the Lubbock j Avalanche-Joumal on the following dates: f l.%YL -� ,� . ,IM � 7 I� �DrG�s� 113.41D my commission Expires LUBBOCK AVALANCHE -JOURNAL Moms Communication Corporation Subscribed and swom to before me this day of FORM 58-10 State of Texas 4✓28/2012 W WENDY J, KNOX NOTARY PUBLIC State of Texas Comm. Exp. 04-28-2012 4