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Home My WebLink AboutOrdinance - 2009-O0006 - Zone Case No.2933-B - 02/12/2009First Reading January 22, 2009 Item No. 6.1 ORDINANCE NO. 2009-00006 Second Reading February 12, 2009 Item No. 5.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2933-B; A ZONING CHANGE FROM T, C-3 and A-2 TO C-3, A-2 and R-1 Specific Use ZONING DISTRICTS ON 181.51 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 27, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 compiled with, including giving notices in compliance with Section 29-29 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 Ordinances 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. 2933-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-29 and Section 29-24(c)24 of the Code of Ordinances of the City of Lubbock from T, C-3 and A-2 to C-3, A-2 and R-1 Specific Use zoning districts on 181.51 acres of unplatted land out of Block AK, Section 27, Lubbock, Lubbock County, Texas located Northeast of 98th Street and 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 Specific Use area shall be subject to the following conditions: a. THAT the front setback minimum shall be twenty feet (20') for non -cul de sac lots. b. THAT the front setback minimum for a cul de sac lot shall be five feet (5') with the exception that any front entry garage shall have the twenty foot (201) setback. In addition, the rear setback for non -garage portions of structures on cul de sac lots shall be a minimum of ten feet (101) feet. C. THAT any corner lot shall have a minimum side setback of five feet (5') and, if the access to the garage is from the alley, the back yard fence adjacent to the street shall also have a five foot (5') setback. 2. THAT the C-3 tract and the A-2 tract shall have a master curb cut plan approved by the Planning Commission for the portions adjacent to a thoroughfare prior to final plat of any portion of the parcels. 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 29-24 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 zone districts; 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 29-24 (c) (24) of Codified Zoning Ordinance No. 7084 on the property described as a tract out of the proposed 181.51 acres of uplatted land out of Block AK, Section 27, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-31 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. 2933-B page -2of3 AND IT IS SO ORDERED. Passed by the City Council on -first reading this 22nd day of januar�, 2009. Passed by the City Council on second reading this 12th day ofFebruarR 2009. ATTEST: Reb ca Garza, City Secretary APPROVV,I, AS' PO ,C6NTENT: Randy Henson, D' ctor of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney CityAtt/Chad/ZoneCase/ZC2933-B January 7, 2009 TOM MARTIN, MAYOR Zone Case No. 2933-B page - 3 of 3 WAM� Autrey, McD vM & Dalin, tP G-3 Rezone Ordinance No. 2009-00006 CIVIL ENGINEERING LAND PLANNWG METES AND BOUNDS DESCRIPTION of a 10.58 acre tract of land located in Section 27, Block AK, Lubbock County, Texas, prepared for Zone Change Purposesonly and being further described as follows: BEGINNING at the Southwest corner of Section 27, Block AK, Lubbock County, Texas; THENCE North, along the West line of Section 27, Block AK, an approximate distance of 643.1 feet; THENCE East, an approximate distance of 717.0 feet; THENCE South, an approximate distance of 643.2 feet; . THENCE West, along the South line of Section 27, Block AK, an approximate distance of 716.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Betenbough Homes November 14, 2008 rrucr I"W Z0W CKgMft 01/09/2009 12:28 FAX 8067715784 BETENBOUGH Autrey, MCDMiW & Duln, LP A -Z' Rezone 0 002 Ordinance No. 2009-00006 C1VM ENGIIVEEM0 -- -- - - — - LAND Pi,ANNINO METES AND BOUNDS DESCRIPTION of a 10.78 acre tract of land located in Section 27, Blodc AK, Lubbock County, Texas, prepared for Zone Change purposes only and being further described as follows: BEGINNING at a point which. bears East as approximate distance of 1884.0 feet from the Southwest corner of Section 27, Block AK,, Lubbock County, Texas; THENCE North, an approximate distance of 643.5 feet; THENCE East, an approximate distance of 729.9 feet; THENCE South, am approximate distance of 643.7 feet; THENCE West, along the South line of Section 27, Block AIS, an approximate distance of 729.9 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for. Betenbough Homes November 14, 2008 ('-Omffo awb &"* q ogi0T-PWwl MIMMAKoamoMdIRT%1-WM4CWN(i *g 101 Ordinance No. 2009-00006 CIVIL ENGMERM ----- -- -- - - - -- LAND PLANNING Autrey, McDaniel & Dulln, LP R-1 Specific Use: 2W Front Setback, 5 Side Selbadk Adjacent to Side Street, r Front and IW Rear Setback on CuWe-sac Lots, Fence on Property Side Property Una Adjacent to Sloe Street on Comer Lots that are not Rear Entry METES AND BOUNDS DESCRIPTION of a 160.15 acre tract of land located in Section 27, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point which bears North an approximate distance of 643.1 feet from the Southwest comer of Section 27, Block AK, Lubbock County, Texas; THENCE North, an approximate distance of 2351.6 feet; THENCE East, an approximate distance of 360.1 feet; THENCE North, an approximate distance of 157.9 feet; THENCE East, an approximate distance of 1226.2 feet; THENCE South, an approximate distance of 267.7 feet; THENCE East, an approximate distance of 501.1 feet; THENCE South, an approximate distance of 25.0 feet; THENCE East, an approximate distance of 530.9 feet; THENCE South, an approximate distance of 2220.6 feet; THENCE West, an approximate distance of 729.9 feet; THENCE South, an approximate distance of 643.5 feet; THENCE West, an approximate distance of 1168.0 feet; THENCE North, an approximate distance of 643.2 feet; THENCE West, an approximate distance of 717.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Betenbough Homes November 14, 2008 T aLa bnMreyY epd Dsaerfptlon aor R-1 Sedon V Bkxk AK(Wed d OAty} 180.15 Aerea.ft