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Home My WebLink AboutOrdinance - 2017-O0041 - Zone Case 3310 - 04/13/2017First Reading March 23, 2017 Second Reading April 13, 2017 Item No. 7.12 Item No. 7.11 ORDINANCE NO. 2017.00041 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3310; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR REDUCED SETBACKS, R-1 SPECIFIC USE FOR GARDEN HOMES, GO, AND C-3, ON 294.84 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 5, 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. 3310 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 T to R-1 Specific Use for reduced setbacks, R-1 Specific Use for Garden Homes, GO, C-3 on 294.84 acres of unplatted land out of Block AK, Section 5, City of Lubbock, Lubbock County, Texas, located at South of 13811 Street and East of Slide Road, North of 14611 Street, and West of Quaker 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 R-1 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 Yd 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 T 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 1381h Street and East of Slide Road, North of 1461h Street, and West of Quaker 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. Zone Case No. 3310 page -2of3 AND IT IS SO ORDERED. Passed by the City Council on first reading on March 23, 2017 T_ Passed by the City Council on second reading on April 13, 2017 ATTEST: Re ecca Garza, City ecre y APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: t Just' D. P uitt, kssistant City Attorney vw/CityAtt/Jusun: Zones ZC3310 March 2, 2017 DANIEL M. POPE, MAYOR Zone Case No. 3310 page -3of3 AMD ENGINEERING, LLC Rezone to C-3 METES AND BOUNDS DESCRIPTION of a 12.34 acre tract of land located in Section 5, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at point for the Northeast and beginning corner of this tract, whence the Northeast corner of the Southeast Quarter of Section 5, Block AK bears NO1°48'31"E, approximately a distance of 1976.3 feet; THENCE SO 1 °48'31 "W, approximately a distance of 664.5 feet to a point for the Southeast corner of this tract; THENCE N88°14'23"W, approximately a distance of 808.3 feet to a point for the Southwest corner of this tract; THENCE NO 1045'37"E, approximately a distance of 664.5 feet to a point for the Northwest corner of this tract; THENCE S88014'23"E, approximately a distance of 808.9 feet to the Point of Beginning and containing approximately 12.34 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Myers Development February 7, 2017 P92016116147-MBAK-STRATFORD POINTEISURVEYINGIFIELDNOTE DESCRIPTIONS116147-ZONE CHANGE TO C-3-12,34 ACRES.doc AMID ENGINEERING, LLC Rezone to C-3 METES AND BOUNDS DESCRIPTION of a 16.82 acre tract of land located in Section 5, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the Northeast and beginning corner of this tract, whence the Northeast corner of the Southeast Quarter of Section 5, Block AK bears S88°14'46"E, approximately a distance of 4919.2 feet; THENCE SOI 042'45"W, approximately a distance of 1980.3 feet to a point for the Southeast corner of this tract; THENCE N88014'24"W, approximately a distance of 370.0 feet to a point for the Southwest corner of this tract; THENCE N01042'45"E, approximately a distance of 1980.2 feet to a point for the Northwest corner of this tract; THENCE S88014'46"E, approximately a distance of 370.0 feet to the Point of Beginning and containing approximately 16.82 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Myers Development February 7, 2017 P:12016116147-SSBAK-STRATFORD POINTEISURVEYINMELDNOTE DESCRIPTIONSI16147-ZONE CHANGE TO C-3.16.82 ACRES.doc LD) AMD ENGINEERING, LLC Rezone to G.O. METES AND BOUNDS DESCRIPTION of a 14.29 acre tract of land located in Section 5, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at point for the Northeast corner of the Southeast Quarter of Section 5, Block AK and for the Northeast and beginning corner of this tract; THENCE SO1048'31"W, approximately a distance of 1976.3 feet to a point for the Southeast corner of this tract; THENCE N88014'23"W, approximately a distance of 315.0 feet to a point for the Southwest corner of this tract; THENCE NO 1 °48'31 "E, approximately a distance of 1976.3 feet to a point for the Northwest corner of this tract; THENCE S88014'46"E, approximately a distance of 315.0 feet to the Point of Beginning and containing approximately 14.29 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY Prepared for: Myers Development February 7, 2017 PA2016116141-MAK-STRATFORD POINTEISURVEYINGIFIELDNOTE DESCRIPTIONS116141-ZONE CHANGE TO GO -1429 ACRES.dac W4* AMD ENGINEERING, LLC Rezone to R-1 Spec. GH METES AND BOUNDS DESCRIPTION of a 1.99 acre tract of land located in Section 5, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being fiirther described as follows: BEGINNING at point for the Northeast and beginning corner of this tract, whence the Northeast comer of the Southeast Quarter of Section 5, Block AK bears S88°14'46"E, approximately a distance of 1281.0 feet; THENCE SOI °48'31"W, approximately a distance of 270.3 feet to a point for the Southeast corner of this tract; THENCE N8801 1'29"W, approximately a distance of 322.0 feet to a point for the Southwest corner of this tract; THENCE NO °48'31 "E, approximately a distance of 270.0 feet to a point for the Northwest corner of this tract; THENCE S88° 14'46"E, approximately a distance of 322.0 feet to the Point of Beginning and containing approximately 1.99 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Myers Development Febn>ary 7, 2017 PA2016116147-SMAK-STRATFORD POINTEISURVEYINGIFIELDNOTE DESCRIPTIONS116147-ZONE CHANGE TO R-1 SPEC GH -1.99 ACRES.doc ft I Di AMD ENGINEERING, LLC Rezone to R-1 Spec. GH METES AND BOUNDS DESCRIPTION of a 8.59 acre tract of land located in Section 5, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being fiirther described as follows: BEGINNING at point for the Northeast and beginning corner of this tract, whence the Northeast corner of the Southeast Quarter of Section 5, Block AK bears S88° 14'46"E, approximately a distance of 315.0 feet; THENCE SO1 °48'31 "W, approximately a distance of 1527.1 feet to a point for the Southeast corner of this tract; THENCE N77015'37"W, approximately a distance of 164.0 feet to a point for the Southwest corner of this tract; THENCE NO1 °48'31 "E, approximately a distance of 1224.8 feet to a point for a corner of this tract; THENCE N8801 1'29"W, approximately a distance of 483.0 feet to a point for a corner of this tract; THENCE NO °48'31 "E, approximately a distance of 270.6 feet to a point for the Northwest corner of this tract; THENCE S88° 14'46"E, approximately a distance of 644.0 feet to the Point of Beginning and containing approximately 8.59 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Myers Development February 7, 2017 P:12016116147-SMAK-STRATFORD POINTEISURVEYINGIFIELDNOTE DESCRIPTIONSI16147-ZONE CHANGE TO R-1 SPEC GH -6.59 ACRES.doc i AMD ENGINEERING, LLC Rezone to R-1 METES AND BOUNDS DESCRIPTION of a 240.81 acre tract of land located in Section 5, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at point for the most Northerly Northeast and beginning corner of this tract, whence the Northeast corner of the Southeast Quarter of Section 5, Block AK bears S88°14'46"E, approximately a distance of 959.0 feet; THENCE S01048'31"W, approximately a distance of 270.6 feet to a point for a corner of this tract; THENCE S8801 1'29"E, approximately a distance of 483.0 feet to a point for the most Easterly Northeast corner of this tract; THENCE SO 1 °48'31 "W, approximately a distance of 1224.8 feet to a point for a corner of this tract; THENCE S77° 15'37"E, approximately a distance of 164.0 feet to a point for a corner of this tract; THENCE SO1°48'31"W, approximately a distance of 449.2 feet to a point for a corner of this tract; THENCE N88014'23"W, approximately a distance of 493.9 feet to a point for a corner of this tract; THENCE S01045'37"W, approximately a distance of 664.5 feet to a point for the Southeast corner of this tract; THENCE N88014'23"W, approximately a distance of 2784.3 feet to a point for the most Southerly Southwest corner of this tract; THENCE NO1°42'45"E, approximately a distance of 660.0 feet to a point for a corner of this tract; THENCE N88014'24"W, approximately a distance of 1322.1 feet to a point for the most Westerly Southwest corner of this tract; THENCE NO 042'45"E, approximately a distance of 1980.3 feet to a point for the Northwest corner of this tract; P:12016116147-SMAKSTRATFORD POINTEISURVEYINGnELDNOTE DESCRIPTIONS116147-ZONE CHANGE TO R-1.240.61 ACRES.doc THENCE S88°14'46"E, approximately a distance of 3316.2 feet to a point for a corner of this tract; THENCE S01048'3 1"W, approximately a distance of 270.0 feet to a point for a corner of this tract; THENCE S8801 1'29"E, approximately a distance of 322.0 feet to a point for a corner of this tract; THENCE N01`48'3 1"E, approximately a distance of 270.3 feet to a point for a corner of this tract; THENCE S88014'46"E, approximately a distance of 322.0 feet to the Point of Beginning and containing approximately 240.81 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Myers Development Febmary 7, 2017 P:12016116147-SMAK-STRATFORD POINTEISURVEYINGIFIELDNOTE DESCRIPTIONS11614720NE CHANGE TO R-1-240.61 ACRES.da