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HomeMy WebLinkAboutOrdinance - 2016-O0145 - Zone Case 3211-B - 10/13/2016First Reading September 22, 2016 Item No. 7.6 ORDINANCE NO. 2016-00145 Second Reading October 13, 2016 Item No. 7.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3211-B; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR REDUCED SETBACKS TO R-1 SPECIFIC USE FOR GARDEN HOMES, ON 7.4 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 21, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 WHEREA,-, 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. 3211-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follow:: 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 7.4 acres of unplatted land out of Block AK, Section 21, City of Lubbock, Lubbock County, Texas, located at West of Frankford Avenue, North of 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 rear setback shall be 18" (eighteen inches) for a non -rear facing third car garage. SECTION _. 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 Sectiun 40.03.3101-40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as West of Frankford Avenue, North of 1141h 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 No100 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 d,�clared 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 September 22, 2016 Passed by the City Council on second reading on October 13, 2016 -- L4Z_�J� DANIEL M. OPE, MAYOR Zone Case No. 3211-B page -2of3 ATTEST: Reb cca Garza, City Secre r APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS "t L1 FORM: i i .Tustin D Pr itt, sstant City Attorney vw CayAtUJ ustm Zones. Z( '12i I -B September I, 2016 Zone Case No. 3211-B page - 3 of 3 mmv nnuu, ui.,�,�I 41K-AIMMUC71101 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 / FAX 806/763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of an approximate 7.4 acre tract of land located in Section 21, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 21, Block AK, for the Southeast corner of this tract, which bears N. 88°19'49" W. an approximate distance of 988.6 feet from the Southeast corner of Section 21, Block AK, Lubbock County, Texas; THENCE N. 88°19'49" W., along the South line of said Section 21, an approximate distance of 604.0 feet to a point for the Southwest corner of this tract; THENCE N. 01'50'11 " E. an approximate distance of 536.5 feet to a point for the Northwest corner of this tract; THENCE S. 88°09'49" E. an approximate distance of 604.0 feet to a point for the Northeast corner of this tract; THENCE S. 01°50'11" W. an approximate distance of 534.7 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE PURPOSES ONLY. DOES NOT REPRESENT A SURVEY AND SHALL NOT BE USED FOR ANY REAL PROPERTY TRANSACTION.