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HomeMy WebLinkAboutOrdinance - 2014-O0013 - Zone Case No. 3016-B - 02/13/2014First Reading January 23, 2014 Item No. 6.1 ORDINANCE NO. 2014-00013 Second Reading February 13, 2014 Item No. 5.17 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3016-11; A ZONING CHANGE FROM T AND R-1 TO GO, R-2 SPECIFIC USE AND R-1 SPECIFIC USE FOR REDUCED SETBACKS, ON 98.3 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 22, 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, 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 cognize that the zone change is a minor deviation from the 1986 Comprehensive Land se Plan as amended, which protects public and private commitments that have been -eviously 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 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: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3016-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are d as follows: A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from T and R-1 to GO, R-2 Specific Use and R-1 Specific Use for reduced setbacks on 98.3 acres of unplatted land out of Block AK, Section 22, City of Lubbock, Lubbock County, Texas, located at south of 98th Street, west of Quincy Avenue, and east of Upland 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 R-1 and R-2 tracts shall have twenty (20) foot front setbacks, five (5) foot front setbacks on cul-de-sac lots, and five (5) foot side setbacks on corner lots. If the block has alley entry garages, the fence shall have a five (5) foot side setback on corner lots as well. 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 T and 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 40.03.3101-40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as south of 98th Street, west of Quincy Avenue, and east of Upland 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 Df the descriptive caption of this Ordinance as an alternative method provided by law. Zone Case No. 3016-B page -2of3 AND IT IS SO ORDERED. assed by the City Council on first reading on January 23, 2014 assed by the City Council on second reading on February 13, 2014 "111 �A • f'f MAYOR .TTEST: • � �4 ° , ��a �d p1h g� a pW 8LL wS9az S o U_ 3 HUGO REE❑ AND ASSOCIATES, INC. 1601 AVENUE N 1 LUBBOCK, TEXAS 79401 1 8061763-5642 / FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 -y == TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS 67 a METES AND BOUNDS DESCRIPTION of an approximately 10.6 acre tract located in Section 22, Block AK, Lubbock County, Texas being further described as follows: BEGINNING at a point in the West line of Section 22, Block AK, Lubbock County, Texas, which bears S. 01'51'02" W., an approximate distance of 1125 feet from the Northwest corner of said Section 22, Block AK; THENCE S. 88°00'44" E., an approximate distance of 900 feet to a point; THENCE S. 44°58'24" E., an approximate distance of 109.7 feet to a point; THENCE S 01°51'02" W., an approximate distance of 397.8 feet to a point, THENCE N 88°08'58" W., an approximate distance of 980 feet to a point in the West line of Section 22, Block AK, Lubbock County, Texas; THENCE N. 01'51'02" E., along the West line of said Section 22, Block AK, an approximate distance of 475 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY. NOT TO BE USED FOR ANY LAND TITLE TRANSACTION. HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 / 8061763-6642 / FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 MUM RPM A TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS �z Z METES AND BOUNDS DESCRIPTION of an approximately 7.6 acre tract located in Section 22, Block AK, Lubbock County, Texas being further described as follows: BEGINNING at a point which bears S. 88°00'44" E. an approximate distance of 2648 feet and S. 01°51'02" W. an approximate distance of 580 feet from the Northwest corner of said Section 22, Block AK; THENCE S 01'51'02" W., an approximate distance of 332.6 feet to a point; THENCE N. 88°00'44" W., an approximate distance of 1030.7 feet to a point; THENCE Northeasterly, along a curve to the left, said curve having a radius of approximately 1000 feet, a central angle of approximately 19°03'01", tangent lengths of approximately 167.8 feet, a chord distance of approximately 331 feet and a chord bearing of approximately N. 11'22'32" E. to a point; THENCE N. 01'51'02" E., an approximate distance of 6.1 feet to a point; THENCE S. 88°00'44" E., an approximate distance of 976 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY. NOT TO BE USED FOR ANY LAND TITLE TRANSACTION. � ., It }; i1 � I i 1•� � � �: LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND 1601 AVENUE N / LUBBOCK R-1 SPECIFIC USE ZONING ASSOCIATES, INC. TEXAS 79401 1 8061763-5642 / FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of a tract of land located in Section 22, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears S. 88°00'44" E. an approximate distance of 900.0 feet and S. 01'51'02" W. an approximate distance of 275.0 feet from the Northwest corner of Section 22, Block AK, Lubbock County, Texas; THENCE S. 88°00'44" E. an approximate distance of 772.0 feet to a point of intersection; THENCE S. 01 051'02" W. an approximate distance of 311.1 feet to a point of curvature; THENCE Southwesterly, along a curve to the right, said curve having a radius of approximately 1000 feet, a central angle of 19°03'01", approximate tangent lengths of 167.8 feet, an approximate chord length of 331.0 feet, and a chord bearing of S. 11022'32" W., to a point of intersection; THENCE S. 88°00'44" E. an approximate distance of 1030.7 feet to a point of intersection; THENCE S. 01 051'02" W. an approximate distance of 1770.3 feet to a point of intersection; THENCE N. 88008'58" W. an approximate distance of 1667.9 feet to a point of intersection; THENCE N. 01 °51'02" E. an approximate distance of 1487.0 feet to a point; THENCE N. 44°58'24" W. an approximate distance of 109.7 feet to a point; THENCE N. 01 °51'02" E. an approximate distance of 850.0 feet to the Point of Beginning. Contains: approximately 79.5 acres PREPARED FOR ZONE CHANGE REQUEST ONLY; NOT TO BE USED FOR ANY LAND TITLE TRANSACTION. LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 GARDEN OFFICE ZONING METES AND BOUNDS DESCRIPTION of a tract of land located in Section 22, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears S. 88°00'44" E. an approximate distance of 900.0 feet and S. 01'51'02" W. an approximate distance of 275.0 feet from the Northwest corner of Section 22, Block AK, Lubbock County, Texas; THENCE N. 01051'02" E. an approximate distance of 30.3 feet to a point of intersection; THENCE S. 88°09'44" E. an approximate distance of 772.0 feet to a point of intersection; THENCE S. 01 °51'02" W. an approximate distance of 32.4 feet to a point of intersection; THENCE N. 88°00'44" W. an approximate distance of 772.0 feet to the Point of Beginning. Contains: approximately 0.6 acres PREPARED FOR ZONE CHANGE REQUEST ONLY; NOT TO BE USED FOR ANY LAND TITLE TRANSACTION.