HomeMy WebLinkAboutOrdinance - 2016-O0071 - Zone Case 3283 - 05/12/2016First Reading
April 28, 2016
Item No. 7.4
ORDINANCE NO. 2016-00071
Second Reading
May 12, 2016
Item No. 6.4
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3283; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE FOR GARDEN HOMES, ON 8.26 ACRES OF UNPLATTED
LAND OUT OF BLOCK E-2, SECTION 8, 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. 3283
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 to R-1 Specific Use for Garden
Homes on 8.26 acres of unplatted land out of Block E-2, Section 8, City of
Lubbock, Lubbock County, Texas, located at 3802 6011 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 five (5) foot front setback be allowed for cul-de-sac lots.
2. THAT a five (5) foot side setback be allowed on corner lots.
3. THAT a three (3) foot extension into the side yard for bay windows
and fire places shall be allowed.
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 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 3802
601h 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 28, 2016
Passed by the City Council on second reading on Ma12, 201
GLEN OBERTSON, MAYOR
Zone Case No. 3283
page - 2 of 3
ATTEST:
Rebe ca Garza, City Secret
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
/1-7 4
I ---
Justin D. uitt, As4istokct City Attorney
vwi CityAtt/JustmrZonesr ZC3283
April 7, 2016
Zone Case No. 3283
page - 3 of 3
ABACJ5ENGINEERING SRVEYING
2737 81ST STREET LUBBOCK, TEXAS 79423
(806) 745-7670 pig
"Count on it"
FIELD NOTES on an 8.269 acre tract out of the Southwest Quarter (SW/4) of Section 8,
Block E-2, Lubbock County, Texas and being all of the 10 acre tract described as Tract
One in Volume 738, Page 255, Lubbock County Deed Records save and except
portions of the 10 acre tract dedicated as Right of Way in Volume 754, Page 460,
Volume 859, Page 285 and Volume 849, Page 637, Lubbock County Deed Records and
further described by metes and bounds as follows:
BEGINNING at an "X" set in concrete at the intersection of the South line of 58th Street
and the West line of Memphis Avenue for the Northeast corner of this tract, from which
the Northeast corner of the Southwest Quarter (SW/4) of Section 8 by calls bears N 00
01' 10" E, 30 feet and S 89° 57' 12" E, 30 feet;
THENCE S 01 048'00" W, with the West line of Memphis Avenue, 585.48 feet to a set
1/2" rod with green cap marked RPLS 4460 at a point of curvature;
THENCE Southwesterly, with a curve to the right having a radius of 15.00 feet, a central
angle of 90002'36", a chord distance of 21.22 feet, and a chord bearing of S 46049'18"
W to a set 1/2" rod with cap for point of tangency;
THENCE N 88009'24" W, with the North line of 60th Street, 570.21 feet to a set 1/2" rod
with cap for a point of curvature;
THENCE Northwesterly, with a curve to the right having a radius of 15.00 feet, a central
angle of 89°56'29", a chord distance of 21.20 feet and a chord bearing of N 43°11'10" W
to a set 112" rod with cap at a point of tangency;
THENCE N 01 047'04" E, with the East line of Nashville Avenue, 570.14 feet to a set 1/2"
rod with cap for a point of curvature;
THENCE Northeasterly, with a curve to the right having a radius of 15.00 feet, a central
angle of 90°01'27", a chord distance of 21.22 feet and a chord bearing of N 46047'48" E
to a set 112" rod with cap for a point of tangency;
THENCE S 88011'29" E, along the South line of 58th Street, 585.36 feet to the PLACE of
BEGINNING, containing 8.269 Acres.
These notes are based on a survey made on the around.
April 13, 2016
J. M. Cieszinski, RPL,SA460�,
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