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Home My WebLink AboutOrdinance - 2016-O0049 - Zone Case 3058-A - 04/14/2016First Reading SecondReading March 24.2016 April 14,2016 Item No.7.5 Item No.6.5 ORDINANCE NO.2016-O0049 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:ZONE CASE NO.3058-A;A ZONING CHANGE FROM R-l SPECIFIC USE TO A-2 AND R-l SPECIFIC USE FOR REDUCED SETBACKS.ON 92.3 ACRES OF UNPLATTED LAND OUT OF BLOCK AK,SECTIONS 35 AND 38, 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.3058-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-l Specific Use to A-2 and R-l Specific Use for reduced setbacks on 92.3 acres of unplatted land out of Block AK,Sections 35 and 38,City of Lubbock. Lubbock County.Texas,located at 6515, 6517 and 6801 50th 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 R-1 Specific Use shall have reduced setbacks as follows: a. 20 (twenty) foot front setback; b. 5 (five) foot front setback on cul-de-sac lots; c. 5 (five) foot side setback on corner lots; d. 0 (zero) foot rear setback on non -rear facing garage. 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 6515, 6517 and 6801 50'n 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 March 24 2016 Passed by the City Council on second reading on April 14, 2016 GLE . ROB TSON, MAYOR Zone Case No. 3058-A page -2of3 ATTEST: Reb cca darza, City Secret APPROVL AS_TO CONTENT: /�� Andrew Paxton, Director of Planning APPROVED AS TO FORM: Justin D. P> itt, s stant ity Attorney vw/CityAtt/] ustin/Zones/ZC3058-A Much 3, 2016 Zone Case No. 3058-A page -3of3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK. TEXAS 79401 1 9061703-56621 FAX 8061763-6891 - -- TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100876-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED A-2 ZONING METES AND BOUNDS DESCRIPTION of a 54.6 acre tract of land located in Sections 35 and 38, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Southwest comer of this tract, which bears S. 88'03'19" E. an approximate distance of 3601.9 feet and S. 01 °56'41" W. an approximate distance of 650.3 feet from the Southwest corner of Section 38, Block AK, Lubbock County, Texas; THENCE N. 01 056'41" E. an approximate distance of 1910.5 feet to a point for the Northwest comer of this tract; THENCE S. 88007'12" E. an approximate distance of 1244.6 feet to a point for the Northeast corner of this tract; THENCE S. 01 056'07" W. an approximate distance of 1909.3 feet to a point for the Southeast corner of this tract; THENCE N. 88'10'53" W. an approximate a distance of 1244.9 feet to the Point of Beginning. Contains: Approximately 54.6 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. HUGO REED AND ASSOCIATES, INC. 1501 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-564E 1 FAX 8061T63-3601 TEXAS REGISTERED ENGINEERING FIRM F-750 ...... TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED R-1 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of a 43.4 acre tract of land located in Sections 35 and 38, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Southeast comer of this tract, which bears S. 88'03'19" E. an approximate distance of 3601.9 feet and S. 01 "56'41" W. an approximate distance of 650.3 feet from the Southwest comer of Section 38, Block AK, Lubbock County, Texas; THENCE N. 88*10'53" W. an approximate distance of 988.1 feet to a point for the Southwest corner of this tract; THENCE N. 01 "48'40" E. an approximate distance of 1911.6 feet to a point for the Northwest corner of this tract; THENCE S. 88007'12" E. an approximate distance of 992.5 feet to a point for the Northeast comer of this tract; THENCE S. 01 056'41" W. an approximate a distance of 1910.5 feet to the Point of Beginning. Contains: Approximately 43.4 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. S88°0712'- 992.5 S88007'12"E 1244.6'zzz I Iol I I I I I I I I Iw Un in I Z io 0 o O I; rn °' w w Iw v PROPOSED R-1 SPECIFIC USE �a PROPOSED A-2 ZONING o Y L v (43.4 ACRES) \. (54.6 ACRES) � Q C \C) p CDO7 Z p J Z — — 50TH STREET 066 — — — I ol 11 I I I I N88°10'53"W 988.1' `\\ N88010'53"W 1244.9' THIS POINT BEARS S88'03'1 9'E APPROXIMATE DISTANCE OF 3 01.9' AND S01°56'41'W AN APPROXIMATE DISTANCE OF 650.3' FROM THE SOUTHWEST /� CORNER OF SECTION 38 BLOCK AK