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Home My WebLink AboutOrdinance - 2014-O0069 - Zone Cas No. 2871-B - 05/08/2014First Reading April 24, 2014 Item No. 6.6 ORDINANCE NO. 2014-00069 Second Reading May 8, 2014 Item No. 5.22 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2871-11; A ZONING CHANGE FROM A-2, C-3, AND R-2 SPECIFIC USE TO C-3 AND R-1 SPECIFIC USE FOR REDUCED SETBACKS, ON 33.8 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 28, 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 recognize that the zone change is a minor deviation from the 1986 Comprehensive Land Use Plan as amended, which protects public and private commitments that have been previously 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: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2871-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: ► • Y.Y•Z•ymp7�s m Passed by the City Council on first reading on April 24, 2014 Passed by the City Council on second reading on ATTEST: P -V"" ')X— Rebe ca Garza, City Secret APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vwi CityAtUChad/Zones/ZC2871-13 April 3, 2014 May 8, 2014 Zone Case No. 2871-B page - 3 of 3 A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from A-2, C-3, and R-2 Specific Use to C-3 and R-1 Specific Use for reduced setbacks on 33.8 acres of unplatted land out of Block AK, Section 28, City of Lubbock, Lubbock County, Texas, located at northeast corner of Milwaukee Avenue and 981h 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 the R-1 lots have: a) 20 foot front setbacks. b) 5 foot front setbacks on cul-de-sac lots. C) 5 foot side setbacks on end/corner lots, excluding Milwaukee Avenue and 98th Street. 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 A-2, C-3 and R-2 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 northeast corner of Milwaukee Avenue and 98`h 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 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. 2871-B page -2of3 No Text 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 PROPOSED C-3 ZONING METES AND BOUNDS DESCRIPTION of a tract of land located in Section 28, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Southwest corner tract, same being the Southwest corner of Section 28, Block AK, Lubbock County, Texas; THENCE N. 01'43'58" E., along the West line of said Section 28, an approximate distance of 694.1 feet to a point for the Northwest corner of this tract; THENCE S. 88°06'09" E. an approximate distance of 637.2 feet to a point for the Northeast corner of this tract; THENCE S. 01'53'51 " W. an approximate distance of 695.2 feet to a point in the South line of said Section 28 for the Southeast corner of this tract; THENCE N. 87059'49" W., along the South line of said Section 28, an approximate distance of 635.2 feet to the Point of Beginning. Contains: Approximately 10.1 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763.3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676.00 PROPOSED R-1 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of a tract of land located in Section 28, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of Section 28, Block AK, Lubbock County, Texas, for a corner of this tract, which bears N. 01 °43'58" E. an approximate distance of 694.1 feet from the Southwest corner of Section 28, Block AK, Lubbock County, Texas; THENCE N. 01'43'58" E., along the West line of said Section 28, an approximate distance of 353.8 feet to a point for the Northwest corner of this tract; THENCE S. 87°59'49" E. an approximate distance of 1298.0 feet to a point for the most Northerly Northeast corner of this tract; THENCE S. 01 043'58" W. an approximate distance of 143.0 feet to a point for a corner of this tract; THENCE S. 87°59'49" E. an approximate distance of 125.0 feet to a point for the most Easterly Northeast corner of this tract; THENCE S. 01 043'58" W. an approximate distance of 905.0 feet to a point in the South line of said Section 28, for the Southeast corner of this tract; THENCE N. 87°59'23" W. an approximate distance of 787.8 feet to a point for the Southwest corner of this tract; THENCE N. 01 °53'51" E. an approximate distance of 695.2 feet to a point for a corner of this tract; THENCE N. 88°06'09" W. an approximate distance of 637.2 feet to the Point of Beginning. Contains: Approximately 23.7 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.