HomeMy WebLinkAboutOrdinance - 2017-O0039 - Zone Case 3049-G - 04/13/2017First Reading
March 23, 2017
Item No. 7.10
*RDINANCENO. 2017-00039
Second Reading
April 13, 2017
Item No. 7.12
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3049-G; A ZONING CHANGE FROM M-1
SPECIFIC USE TO R-2 SPECIFIC USE FOR REDUCED SETBACKS, ON 4.71
ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 10, 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. 3049-G
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 M-1 Specific Use to R-2 Specific Use
for reduced setbacks on 4.71 acres of unplatted land out of Block E, Section
10, City of Lubbock, Lubbock County, Texas, located at 10008 Avenue P,
subject to conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT R-2 reduced setbacks shall have:
1. 20' front setback;
2. 5' side on former lots;
3. 5' front on cul-de-sacs; and
4. 18" non -rear facing 311 car garage/storage.
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 M-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 10008 Avenue P, 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. 30.19-G
page - 2 of 3
AND IT IS SO ORDERED.
Passed by the City Council on first reading on March 23, 2017
Passed by the City Council on second reading on April 132017
ATTEST:
Q-P-L�� --,
Reb cca Garza, City Secret
APPROVED AS TO CONTENT:
ndrew Paxton, Director of Planning
APPROVED AS TO FORM:
4
Justi itt, A sistant ity Attorney
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vw/C tyAtt/Justin/Zones/ZC3049-G
March 2. 2017
DANIEL M. POPE, MAYOR
Zone Case No. 3049-G
page - 3 of 3
AMD ENGINEERING, LLC
Rezone to R-2 From IHI
METES AND BOUNDS DESCRIPTION of a 4.71 acre tract of land located in Section
10, Block E, Lubbock County, Texas, prepared for Zone Change Purposes only and being
fiirther described as follows:
BEGINNING at a point for the Northeast and beginning corner of this tract, whence the
Northeast corner of Section 10, Block E bears NO2°01'28"E, approximately a distance of
10 10. 1 feet;
THENCE S02001'28"W, approximately a distance of 309.7 feet to a point for the
Southeast corner of this tract;
THENCE N88013'03"W, approximately a distance of 651.4 feet to a point for the
Southwest corner of this tract;
THENCE NO 046'26"E, approximately a distance of 319.6 feet to a point for the
Northwest corner of this tract;
THENCE S87020'49"E, approximately a distance of 652.8 feet to the Point of Beginning
and containing approximately 4.71 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Wooded Forrest
January 25, 2017
P.\201016227-S10BE-STONEBRIDGE COMMUNITY PHASE 2%SURVEYINGTIELDNOTE DESCRIPTIONS1ZONE CHANGE TO R-2 FROM IHI.doc