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HomeMy WebLinkAboutOrdinance - 2016-O0070 - Zone Case 3047-Q - 05/12/2016First Reading April 28, 2016 Item No. 7.8 ORDINANCE NO. 2016-00070 Second Reading May 12, 2016 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. 3047-Q; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR REDUCED SETBACKS TO R-1 SPECIFIC USE FOR GARDEN HOMES, ON 9.937 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 23, 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. 3047-Q 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 for reduced setbacks to R-1 Specific Use for Garden Homes on 9.937 acres of unplatted land out of Block E-2, Section 23, City of Lubbock, Lubbock County, Texas, located at 4901 1181h 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 a 5' side setback shall be allowed on corner lots. 2. THAT an 18" rear setback shall be allowed for detached, non -rear facing garages. 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 for reduced setbacks 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 4901 1181h 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 April g. 2016 Passed by the City Council on second reading on N4ay_12, 2016 GLE'9/. kbBEIPTSON, MAYOR Zone Case No. 304 1-Q page - 2 of 3 ATTEST: Re ecca Garza, City Sec tar APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: z2 v Justin D. P itt, Assistan ity Attorney vw Cit)Att/Justm Zones'ZC3047-Q April 7. 2016 Zone Case No. 304 -Q page - 3 of 3 I . AMD ENGINEERING, LLC Rezone to R-1 Specific Use METES AND BOUNDS DESCRIPTION of a 9.937 acre tract of land located in Section 23, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the most Westerly Southwest corner of this tract whence the Southwest comer of the North half of Section 23, Block E-2 bears S00°02'03"W, approximately 297.00 feet and N89°56'27"W, approximately 340.67 feet; THENCE N00000'34"W, approximately 679.67 feet to a point for the most Westerly Northwest corner of this tract; THENCE N44059'43"E, approximately 21.21 feet to a point for the most Northerly Northwest corner of this tract; THENCE East, approximately 447.98 feet to a point for the Northeast comer of this tract; THENCE South, approximately 174.50 feet to a point for a corner of this tract; THENCE East, approximately 81.00 feet to a point for a corner of this tract; THENCE South, approximately 195.50 feet to a point for a corner of this tract; THENCE East, approximately 166.00 feet to a point for a corner of this tract; THENCE S45" E, approximately 21.21 feet to a point for a corner of this tract; THENCE South, approximately 309.67 feet to a point for the most Easterly Southeast corner of this tract; THENCE S45° W, approximately 21.21 feet to a point for the most Southerly Southeast corner of this tract; THENCE West, approximately 694.86 feet to a point for the most Southerly Southwest corner of this tract; THENCE N450W, approximately 21.21 feet to the Point of Beginning and containing approximately 9.937 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Jewell Davis March 7, 2016 P0161160 CS23SEMAKMONTPHASE MURVEYING FIELDNOTE OESCRIPTI0NSAWXS238E2-ZONE CHANGE TO R-1 SPEC USEA.. 0 N O p_ > - m N O O y o as $4 zs o 0�^3 > CCFN 2012014938 y13Nr 6.520 ACRES N N+w = N NCn•073rw N00.00'34 W 679.67' N7 00'34-u 1555(1' 154,1)' �{ 44D n m \• N Y. N SJ d. 1/ ca to ti 011 C1ye Cn 01 .cam '�i,( ,L cD N-5 121.05 n'1 c+, N-5 9253' C 20' N-5 1[4,25' l'•~ 10 N-5 17507. N o'l\t 3C YORK ,AVENUE N € c2 n TRACT LL 1- n TPACT KK n o $ �i l4 11 134. _ j n 039 u_ C33 to Q� g 3S, a 10.. G7' (11000 N c CCi , O .13' a UJ 20 " D 33' 33' $ s4.Q0' toJ 125 67' � 13500'.� ^ . O ,-7i t`1 m V] N F 4 N (7 " N co UI� � f ch s D = n $ O IAS O 12G.67' 135.00' L 8 N $ 3 $ n 12 143.10' VH C.4 n N n I V $ a U n $ I C00--� ? O g .O lan yr '3• O �+ e o m ' N-5 33' (� 2C' 174.50' —1f O C2j C 0 103.6)' �' 124..'. ' 4~ — % N — N (: m9. tr $ S 1 L2 3j0}2.Sk 1 GT I nl! n Y ro N\4 4JINSTOi; AVENU 195.50' U)N O �( t m ! 3b 52.00 17. CO' 124 50' a, /� a { to m $ L. m N �9 m m 14 N N L 01 uN:tj N -; N IR.9O O O rn N V $ t°� O �,; $ N $ $ p N to C 1p w ' nS 53' N-5 201.50'1 n 14.6.5E _— __ �77 I ai .. n• v 1 S 2 ( i $ lo N—S 309.67 �;� - \ cc $ N NN II I 9 SKETCH FOR ZONING 1GLANENGINEERING D SURVEYING CHANGE AMD Engin-dnO, LLC Phone: 60S-7715976 2507 74th Street, LN. 6 F.. e06.771.7625 Lubbock TX 79423 Accuracy - Efficiency - Integrity