HomeMy WebLinkAboutOrdinance - 2016-O0090 - Zone Case 2995-T - 06/09/2016First Reading
May 26, 2016
Item No. 6.5
ORDINANCE NO. 2016-00090
Second Reading
June 9, 2016
Item No. 6.6
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995-T; A ZONING CHANGE FROM R-1 SPECIFIC
USE, R-2 SPECIFIC USE, AND IHI TO R-1 SPECIFIC USE FOR TOWNHOMES
AND R-2 SPECIFIC USE FOR REDUCED SETBACKS, ON 8.978 ACRES OF
UNPLATTED LAND OUT OF BLOCK AK, SECTION 30, 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 THh CITY OF LUBBOCK:
ZONE CASE NO. 2995-T
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, R-2 Specific Use and
IHI to R-1 Specific Use for townhomes and R-2 Specific Use for reduced
setbacks on 8.978 acres of unplatted land out of Block AK, Section 30, City of
Lubbock, Lubbock County, Texas, located at north of 68th Street and west of
Oakridge 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 Specific Use zoned lots for townhomes shall have:
a. 15' front
b. 5' cul-de-sac
C. 5' side setback on corner lots.
2. THAT R-2 Specific Use zoned lots shall have:
a. 20' front;
b. 5' cul-de-sac;
C. 5' side setbacks on corner lots.
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, R-2 Specific Use, and IHI 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 north of 68' Street and west of Oakridge 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. 2995-T
page -2of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading on May 26 2016
Passed by the City Council on second reading on June 9. 2016
DANIEL M. POPE, MAYOR
ATTEST:
Q"&" -, K
Rebe ca Garza, City Secretar
APPROVED AS TO CONTENT:
i
'0Andrew Paxton, Director of Planning
� APPROVED AS TO FORM:
Justin uitt, Assis ant City Attorney
vw CityAtt/Justm, Zones:'ZC2995= I
May 5, 2016
Zone Case No. 2995-T
page - 3 of 3
AMD ENGINEERING, LLC
Rezone to R-2
METES AND BOUNDS DESCRIPTION of a 1.465 acre tract of land located in Section
30, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point for the Northeast corner of this tract, which bears West,
approximately 1711.31 feet and South, approximately 607.42 feet from the Northeast
corner of Section 30, Block AK, Lubbock County, Texas;
THENCE South, approximately 452.62 feet to a point for the Southeast corner of this
tract;
THENCE West, approximately 141.00 feet to a point for the Southwest corner of this
tract;
THENCE North, approximately 452.62 feet to a point for the Southeast corner of this
tract;
THENCE East, approximately 141.00 feet to the Point of Beginning and containing
approximately 1.465 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
March 3, 2016
P.12015115227-S30BAK-PRIMROSE POINTE PHOWRVEYINGTIELDNOTE DESCRIPTIONS115227.1.465 Acres -M88 ZONE CHANGE R-2.doc
AMD ENGINEERING, LLC
Rezone to AA f— 5
METES AND BOUNDS DESCRIPTION of a 5.938 acre tract of land located in Section
30, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point for the Northeast corner of this tract, which bears West,
approximately 1578.31 feet and South, approximately 446.62 feet from the Northeast
corner of Section 30, Block AK, Lubbock County, Texas;
THENCE South, approximately 161.00 feet to a point for a corner of this tract;
THENCE West, approximately 274.00 feet to a point for a corner of this tract;
THENCE South, approximately 317.62 feet to a point for the Southeast corner of this
tract;
THENCE West, approximately 302.00 feet to a point for a corner of this tract;
THENCE North, approximately 141.00 feet to a point for a corner of this tract;
THENCE West, approximately 486.85 feet to a point for the Southwest corner of this
tract;
THENCE N00°00'49"W, approximately 186.53 feet to a point for the Northwest corner
of this tract;
THENCE S89°59' 14"E, approximately 624.15 feet to a point for a corner of this tract;
THENCE N00°00'40"W, approximately 151.23 feet to a point for a corner of this tract;
THENCE East, approximately 438.72 feet to the Point of Beginning and containing
approximately 5.938 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
March 3, 2016
P:12015115227-S30BAK-PRIMROSE POINTE PHSISURVEYINGTIELDNOTE DESCRIPTIONSN5227-M&B ZONE CHANGE A-Moc
AMD ENGINEERING, LLC
Rezone to R-2
METES AND BOUNDS DESCRIPTION of a 1.575 acre tract of land located in Section
30, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point for the Northeast corner of this tract, which bears West,
approximately 2154.31 feet and South, approximately 784.04 feet from the Northeast
corner of Section 30, Block AK, Lubbock County, Texas;
THENCE South, approximately 141.00 feet to a point for the Southeast corner of this
tract;
THENCE West, approximately 486.77 feet to a point for the Southwest corner of this
tract;
THENCE N00°00'49"W, approximately 14 1.00 feet to a point for the Southeast corner
of this tract;
THENCE East, approximately 486.85 feet to the Point of Beginning and containing
approximately 1.575 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
March 3, 2016
13:12015115227-830BAK-PRIMROSE POINTE PHBZURVEYINGTIELDNOTE DESCRIPTIONS115227-1.575 Acres-M&B ZONE CHANGE R-2.doc