HomeMy WebLinkAboutOrdinance - 2014-O0001 - Zone Case No. 3089-C - 01/23/2014First Reading
January 9, 2014
Item No. 6.1
ORDINANCE NO. 2014-00001
Second Reading
January 23, 2014
Item No. 5.20
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3089-C; A ZONING CHANGE FROM AM TO R-1
SPECIFIC USE FOR TOWNHOMES, ON 7.497 ACRES OF UNPLATTED LAND
OUT OF BLOCK AK, SECTION 21, 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 40.01.005 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. 3089-C
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from AM to R-1 Specific Use for townhomes
on 7.497 acres of unplatted land out of Block AK, Section 21, City of Lubbock,
Lubbock County, Texas, located at 10202 Frankford Avenue, 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 zone change be tied to the proposed site plan with the
ability for minor modifications.
2. THAT a 6' wall/fence be constructed of a masonry base and columns
with wood inserts on the west property line, adjacent to Fulton
Avenue.
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 40.03.3102 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 AM 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 40.03.3101-
40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 10202
Frankford 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 40.01.006 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 on January 9, 2014
Passed by the City Council on second reading on January 23, 2014
--t� Z
G N C. ROBERTSON, MAYOR
Zone Case No. 3089-C
page -2of3
ATTEST:
C�
Rebecc Garza, City Secretary
APPROVED AS TO CONTENT:
iStirr� �
Andrew Paxton, Director of Planning
APPROVE AS TO FORM:
l�
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/ZC3089-C [Amended]
December 10, 2013
Zone Case No. 3089-C
page - 3 of 3
ENGINEERING
ASACJ6 SURVEYING
2737 81ST STREET LUBBOCK, TEXAS 79423
(806) 745-7670
"Count on it"
Metes and Bounds Description prepared for Zone Change Purposes Only on a 7.497 acre tract out of
Section 21, Block AK, Lubbock County Texas further described by metes and bounds as follows:
BEGINNING at an ELL corner in the Northerly line of Tract A, Postar\Burrell addition for the Southeast
corner of this tract which bears South approximately 2284 feet and West approximately 263 feet from the
Northeast corner of Section 21, Block AK;
THENCE West, the North line of Tract A, and the North line of the tract recorded in Lubbock County Clerk
File # 2008018165 approximately 587 feet to the Southwest corner of this tract,-
THENCE
ract;THENCE North approximately 557 feet to the Northwest corner of this tract;
THENCE East with the South line of 102nd Street, approximately 550 feet to the start of a curve;
THENCE Easterly with a curve to the left, having a radius of 230 feet, a central angle of 09°20'44", and a
chord bearing of N 85°19'19" E, a chord distance of approximately 37.5 feet, to the Northeast corner of
this tract;
THENCE South approximately 559 feet to the PLACE of BEGINNING, containing 7.497 Acres
Prepared for Zone Change Purposes only. Does not represent a survey.