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HomeMy WebLinkAboutOrdinance - 2016-O0146 - Zone Case 3003-G - 10/13/2016First Reading September 22, 2016 Item No. 7.7 ORDINANCE NO. 2016-00146 Second Reading October 13, 2016 Item No. 7.7 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZOIN'+, CASE NO. 3003-G; A ZONING CHANGE FROM GO TO R-1 SPECIFIC USE f'OR GARDEN HOMES, ON 6.6 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTON 22, LUBBOCK, TEXAS; 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), ana 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 har=ing been introduced prior to first reading hereof, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3003-G SECTION 1. THAI 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 GO to R-1 Specific Use for Garden homes or_ 6.6 acres of unplatted land out of Block AK, Section 22, City of Lubbock, Lubbock County, Texas, located at 10109 and 10203 Upland Avenue, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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 GO 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 10109 and 10203 Upland 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 anti reason. the remainder of this Ordinance shall not be affected thereby. SECTION 5. 1 HAT 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 QqQbe13, 2016 DANIEL M. kPE. MAYOR Zone Case No. 3003-G page -2of3 ATTEST: Rebec a Garza, City Secre y APPROVED AS TC) CONTENT: kndrew Paxton, Director of Planning APPROVED AS TO FORM: vw/ CityAtUlustin/ZonesfZC3003-G September 1, 2016 ey Zone Case No. 3003-G page - 3 of 3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1806/763-5642 / FAX 806/763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL, ENGINEERS EXHIBIT "A" METES AND BOUNDS DESCRIPTION of an approximate 6.6 acre tract of land located in Section 22, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears S. 01'51'02" W. an approximate distance of 1125.0 feet and S. 88°00'44" E. an approximate distance of 366.3 feet from the Northwest corner of said Section 22, Block AK; THENCE S. 88000'44" E. an approximate distance of 533.7 feet to a point; THENCE S. 44058'24" E. an approximate distance of 109.7 feet to a point; THENCE S. 01 051'02" W. an approximate distance of 397.8 feet to a point THENCE N. 88008'58" W. an approximate distance of 614.8 feet to a point; THENCE N. 01059'16" E. an approximate distance of 474.1 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY. NOT TO BE USED FOR ANY LAND TITLE TRANSACTION.