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HomeMy WebLinkAboutOrdinance - 2014-O0066 - Zone Case No. 3047-L - 05/08/2014First Reading April 24, 2014 Second Reading May 8, 2014 Item No. 6.2 Item No. 5.19 ORDINANCE NO. 2014-00066 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3047-L; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES AND REDUCED SETBACKS, ON 1.187 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 23, 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. 3047-L 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 to R-1 Specific Use for garden homes and reduced setbacks on 1.187 acres of unplatted land out of Block E-2, Section 23, City of Lubbock, Lubbock County, Texas, located at south of 114th Street and east of Vicksburg 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 rear setback for detached, side facing garages shall be 18 inches 2. THAT corner lots shall have a five foot side setback. 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 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 114'h Street and east of Vicksburg 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 Apol 24, 2014 Passed by the City Council on second reading on May 8, 2014 G C. R ERTSON, MAYOR Zone Case No. 304"-L page - 2 of 3 A'T'TEST: Rebcca Garza, City Secr ary APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw�CityAtt/Chad%Zones/ZC3047 April 3, 2014 Zone Case No. 304, L page - 3 of 3 4rl;:* AMD ENGINEERING, LLC Re -Zone to Garden Home Lots Metes and Bounds Description on a 1.187 Acre (51,730 sq. ft.) tract of land out of Section 23. Block E-2, Lubbock County, Texas, being more particularly described as follows; Beginning at a point for the most Northerly Northwest corner of this tract whence the Northwest corner of Section 23, Block E-2 bears N89056'27"W, approximately 1409.20 feet and N00°01' 19"E, approximately 124.58 feet; Thence S89'57'20"E, approximately 115.00 feet to a point for the most Northerly Northeast corner of this tract; Thence S44058'40"E, approximately 14.15 feet to a point for the most Easterly Northeast corner of this tract; Thence South, approximately 345.60 feet to a point for the most Easterly Southeast corner of this tract; Thence S36045'13 "W, approximately 16.02 feet to a point for the most Southerly Southeast corner of this tract; Thence S73°30'26"W, approximately 115.97 feet to a point for the most Southerly Southwest corner of this tract; Thence N56'1 1'55"W, approximately 12.78 feet to a point for the most Westerly Southwest corner of this tract; Thence Northwesterly along a curve to the right having a radius of 772.00 feet, an arc length of 74.55 feet, a central angle of 05°32'00", a chord distance of 74.53 feet, and a chord bearing of NO2°46'00"W to a point for a corner of this tract;. Thence North, approximately 309.91 feet to a point for the most Westerly Northwest corner of this tract; Thence N45'01'20"E, approximately 14.14 feet to the Place of Beginning. Containing 1.187 Acres (51,730 sq. ft.) more or less CIVIL ENGINEERING LAND SURVEYING 280774 1h Street, Suite 8 TBPLS Reg. 4 101785-00 Office: (806) 771-5976 Lubbock, Texas 79423 www.amdeng.com Fax: (806) 771-7625