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Home My WebLink AboutOrdinance - 2014-O0043 - Zone Case No. 3116-D - 04/10/2014,irst Reading Second Reading larch 27, 2014 April 10, 2014 tem No. 6.6 ORDINANCE NO. 2014-00043 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. 3116-1); A ZONING CHANGE FROM R-1 SPECIFIC USE AND GO TO R-1 SPECIFIC USE FOR REDUCED SETBACKS, ON 73.4 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 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. 3116-1) 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 R-1 Specific Use and GO to R-1 Specific Use for reduced setbacks on 73.4 acres of unplatted land out of Block AK, Section 4, City of Lubbock, Lubbock County, Texas, located at south of 135th Street and east of Quaker 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 setbacks for lots less than .5 acres shall be reduced as follows: a. 20 foot front setback; b. 5 foot front setback for cul-de-sac lots; C. 5 foot side setback for corner lots (excluding corner lots on Quaker and Memphis) with a 5 foot side setback required for backyard fences; and d. Zero rear setback for non -rear facing third (additional) car garage. 2. THAT the setback for any lots over .5 acres shall follow the regular R- 1 setback standards. 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 R-1 Specific Use and GO 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 135th Street and east of 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 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. Zone Case No. 3116-D page -2of3 AND IT IS SO ORDERED. Passed by the City Council on first reading on March 27, 2014 Passed by the City Council on second reading on April 10, 2014 GL C. RTSON, MAYOR ATTEST: Rebeca Garza, -City Secr ary APPROVED AS TO CONTENT: An rew Paxton, Director of Planning APPROVED AS TO FORM: lr� Chad Weaver Assistant City Attorney vw/CityAtt/Chad/Zones/ZC3116-D March 6, 2014 Zone Case No. 3116-D page -3of3 1601 .CK, TEXAS 79401 1 8061763-5642 / FAX 806/763-3891 TEXAS ED ENGINEERING FIRM F-760 (fl(//��Myy�HI vt�l��ii�■t■�ll��•mlll�A\\\i \ MptlTEXAS •. SURVEYING FIRM 100676-00 IIIII�plIA•p YIIIII��.\■Ron- LAND w A CIVIL _. _ _ VS PROPOSED R-1 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of a tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the center line of 135th street for the Northwest corner of this tract, which bears S. 01'48'13" W. an approximate distance of 1475.7 feet and S. 88°13'29" E. an approximate distance of 27.5 feet from the Northwest corner of Section 4, Block AK, Lubbock County, Texas; THENCE S. 88°13'29" E., along the centerline of said 135th Street, an approximate distance of 1656.5 feet to a point of curvature; THENCE Southeasterly, continuing along said centerline, around a curve to the right, said curve having a radius of approximately 1000.0 feet, a central angle of 10°22'19", approximate tangent lengths of 90.8 feet, a chord distance of approximately 180.8 feet and a chord bearing of S. 83°02'20" E to a point of reverse curvature; THENCE Southeasterly, continuing along said centerline, around a curve to the left, said curve having a radius of approximately 530.0 feet, a central angle of 10°22'19", approximate tangent lengths of 48.1 feet, a chord distance of approximately 95.8 feet and a chord bearing of S. 83°02'20'• E. to a point of tangency; THENCE S. 88°13'29" E., continuing along said centerline, an approximate distance of 731.6 feet to a point for the Northeast corner of this tract; THENCE S. 01'46'31 " W. an approximate distance of 88.5 feet to a point of curvature; THENCE Southeasterly, along a curve to the left, said curve having a radius of approximately 1500.5 feet, a central angle of 19'35'31", approximate tangent lengths of 259.1 feet, a chord distance of approximately 510.6 feet and a chord bearing of S. 08°01'15" E. to a point of tangency; THENCE S. 17°49'00" E. an approximate distance of 391.4 feet to a point of curvature; THENCE Southeasterly, along a curve to the right, said curve having a radius of approximately 1500.5 feet, a central angle of 07°08'25", approximate tangent lengths of 93.62 feet, a chord distance of approximately 186.9 feet and a chord bearing of S. 14°14'48" E. to a point of intersection for the Southeast corner of this tract; THENCE N. 88°13'29" W. an approximate distance of 2933.8 feet to a point for the Southwest corner of this tract; THENCE N. 01'48'13" E. an approximate a distance of 1165.0 feet to the Point of Beginning. Contains: Approximately 73.4 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.