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Home My WebLink AboutOrdinance - 2017-O0074 - Zone Case 3303-A - 06/08/2017First Reading May 25, 2017 Item No. 7.8 ORDINANCE NO. 2017-0007 4 _ Second Reading June 8, 2017 Item No. 6.8 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3303-A; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-2 SPECIFIC USE FOR DUPLEXES WITH REDUCED SETBACKS, TOWNHOMES, AND A CELLULAR COMMUNICATIONS TOWER ON 22.531 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 24, 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. 3303-A 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 Duplexes with reduced setbacks, townhomes, and a cellular communications tower on 22.531 acres of unplatted land out of Block E-2, Section 24, City of Lubbock, Lubbock County, Texas, located at 5711 114' 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 Duplex lots shall have the following reduced setbacks: a. 20 foot front setback; b. 5 foot front setback on cul-de-sac lots: c. 5 foot side setback on corner lots; 2. THAT the Townhome lots shall meet the R-1 Specific Use Standards. 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 5711 114th 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on Mav 25, 2017 Passed by the City Council on second reading on _ June 8, 2017 DANIEL M. POPE, MAYOR Zone Case No. 3303-A page - 2 of 3 ATTEST: r� Reb t a Garza, City Secret APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: vw'CityAtt/J ustin'Zonesi ZC3303-A May 4, 2017 .ey Zone Case No. 3303-A page - 3 of 3 ; �Gi+'n ..... ..:........ .........i.i+nind7 ...... F.11110m,1uuii cw»�. anw""i 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 EXHIBIT "A" PROPOSED R-2 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 0.231 acre tract of land located in Section 24, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point, in the East line of the Northwest quarter of said Section 24, Block E-2, for the Northeast corner of this tract, which bears S. 88°43'21" E. an approximate distance of 2645.4 feet and S. 01'44'45" W. an approximate distance of 2213.1 feet from the Northwest corner said Section 24, Block E-2; THENCE S. 01 044'45" W., along the East line of said Section 24, Block E-2, an approximate distance of 100.0 feet to a point for the Southeast corner of this tract; THENCE N. 88045'34" W. an approximate distance of 100.0 feet to a point for the Southwest corner of this tract; THENCE N. 01 044'45" E. an approximate distance of 100.8 feet to a point for the Northwest corner of this tract; THENCE S. 88015'15" E. an approximate distance of 100.0 feet to the Point of Beginning. Contains: Approximately 0.231 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. PREPARED FOR: SWLLD, LLC March 28, 2017 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK. TEXAS 79401 1 8061763-56421 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 EXHIBIT "A" PROPOSED R-2 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 22.3 acre tract of land located in Section 24, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point, in the East line of the Northwest quarter of said Section 24, Block E-2, for the Northeast corner of this tract, which bears S. 88°43'21" E. an approximate distance of 2645.4 feet and S. 01 044'45" W. an approximate distance of 2213.1 feet from the Northwest corner said Section 24, Block E-2; THENCE N. 88015'15" W. an approximate distance of 100.0 feet to a point; THENCE S. 01 044'45" W an approximate distance of 100.8 feet to a point; THENCE N. 88°45'34" W. an approximate distance of 1322.1 feet to a point; THENCE N. 88°46'19" W. an approximate distance of 943.9 feet to a point for the Southwest corner of this tract; THENCE N. 01 016'39" E. an approximate distance of 1542.6 feet to a point for the Northwest corner of this tract; THENCS S. 88043'21" E. an approximate distance of 302.0 feet to a point; THENS S. 01016'39" W. an approximate distance of 1063.0 feet to a point; THENCE S. 88°43'21" E. an approximate distance of 646.0 feet to a point; THENCE S. 01 °16'39" W. an approximate distance of 322.4 feet to a point; THENCE S. 88°43'21" E. an approximate distance of 1319.2 feet to a point in the East line of the Northwest quarter of said Section 24, Block E-2 for the Northeast corner of this tract; THENCE S. 01 044'45" W., along the East line of said Northwest quarter, an approximate distance of 55.6 feet to the Point of Beginning. Contains: Approximately 22.3 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. 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