HomeMy WebLinkAboutOrdinance - 2014-O0070 - Zone Case No. 2871-C - 05/08/2014First Reading Second Reading
April 24, 2014 May 8, 2014
Item No. 6.7 ORDINANCE NO. 2014-00070 Item No. 5.23
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2871-C; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO R-2 SPECIFIC USE FOR REDUCED SETBACKS, ON 3.2 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, 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-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 R-1 Specific Use to R-2 Specific Use for
reduced setbacks on 3.2 acres of unplatted land out of Block AK, Section 28,
City of Lubbock, Lubbock County, Texas, located at Iola Avenue, north of 98`h
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 property have 20 foot front setbacks.
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 Iola Avenue, north of 98th 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.1100 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 April 24, 2014
Passed by the City Council on second reading on May 8, 2014
G C. RO ERTSON, MAYOR
ATTEST:
Reb cca Garza, City Secret
Zone Case No. 2871-C
page -2of3
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw! QtyAtt/Chad/Zones/ZC287 I -C
April 3, 2014
Zone Case No. 2871-C
page -3of3
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-2 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 South line of Section 28, Block AK, Lubbock County, Texas, for the Southwest corner
of this tract, which bears S. 87°59'49" E. an approximate distance of 1846.1 feet from the Southwest corner of
Section 28, Block AK, Lubbock County, Texas;
THENCE N. 02°00'11" E. an approximate distance of 391.8 feet to a point for the Northwest corner of this tract;
THENCE S. 83°47'38" E. an approximate distance of 167.8 feet to a point for a corner of this tract;
THENCE N. 11 °58'50" E. an approximate distance of 129.2 feet to a point for a corner of this tract;
THENCE S. 67°11'22" E. an approximate distance of 141.7 feet to a point for the Northeast corner of this tract;
THENCE S. 02°00'11" W. an approximate distance of 456.4 feet to a point in the South line of said Section 28,
Block AK, for the Southeast corner of this tract;
THENCE N. 87°59'49" W., along the South line of said Section 28, Block AK, an approximate distance of 322.2 feet
to the Point of Beginning.
Contains: Approximately 3.2 Acres
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.
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