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HomeMy WebLinkAboutOrdinance - 2016-O0147 - Zone Case 3257-B - 10/13/2016First Reading September 22, 2016 Item No. 7.8 ORDINANCE NO. 2016-00147 Second Reading October 13, 2016 Item No. 7.8 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3257-B; A ZONING CHANGE FROM C-3, A-2, R-2, R-1 SPECIFIC USE FOR REDUCED SETBACKS AND GO TO C-3, A-2, R-2, R-1 SPECIFIC USE FOR REDUCED SETBACKS, GO AND C -2A ZONING DISTRICT ON 275.79 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 1, 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 WHEREAS, the 1°86 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 THE CITY OF LUBBOCK: ZONE CASE NO. 3257-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows• A change of zoning under the provisions of Section 40.01.005 of the Code of OrdinanceF -f the City of Lubbock from C-3, A-2, R-2, R-1 Specific Use for reduced setbacks and GO to C-3, A-2, R-2, R-1 Specific Use for reduced setbacks, GO and C -2A zoning district on 275.79 acres of unplatted land out of Block AK, Section 1, City of Lubbock, Lubbock County, Texas, located at South of 13011 Street and East of Indiana 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 the reduced setbacks shall be: a. 20' front yard setback; b. 5' front yard setback on cul-de-sac lots; and c. 5' side yard setback on corner lots. SECTION 2. 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 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for an,, reason. the remainder of this Ordinance shall not be affected thereby. SECTION 4. 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 DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Secretar Zone Case No. 325'-B page - 2 of 2 APPROVED AS TO CONTENT: "I" Andrew Paxton, Director of Planning APPROVED AS TO FORM: Justin D. itt, Assih ant City Attorney v�N cityatt/Justin ZoneCasr ZC3257-B September 1, 2016 Zone Case No. 325_-B page -3of2 Proposed C-3 Zoning Metes and Bounds Description prepared for Zone Change Purposes Only on an 3.122 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point which bears S 01 °46'06" W, approximately 852.4 feet and S 88002'16" E, approximately 934.00 feet from a found nail and washer accepted as the Northwest corner of Section 1; THENCE S 88°03'29" E, approximately 510.03 feet; THENCE N 46°49'06" E, approximately 14.13 feet; THENCE N 01 °46'06" E, approximately 214 17 feet; THENCE N 88°12'41" W, approximately 120.03 feet; THENCE N 01 °46'06" E, approximately 48.91 feet; THENCE N 88°02'16" W. approximately 400.00 feet; THENCE S 01 °46'06" W, approximately 272.92 feet to the PLACE of BEGINNING, containing containing 3,122 Acres Prepared for Zone Change Purposes only, does not represent an actual survey. Proposed C-3 Zoning Metes and Bounds Description prepared for Zone Change Purposes Only on a 6.11 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point in the West line of Section 1 which bears S 01'46'06" W, approximately 934.00 feet from a found nail and washer accepted as the Northwest corner of Section 1; THENCE S 88°02'16" E, approximately 934.00 feet; THENCE S 01 °46'06" W, approximately 285.00 feet; THENCE N 88°02'16" W, approximately 934.00 feet; THENCE N 01'46'06" E, approximately 285.00 feet to the PLACE of BEGINNING, containing 6.111 Acres Prepared for Zone Change Purposes only, does not represent an actual survey. Metes and Bounds Description prepared for Zone Change Purposes Only on a 5.556 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point in the West line of Section 1 which bears S 01°46'06" W, approximately 1819.62 feet from a found nail and washer accepted as the Northwest corner of Section 1; THENCE N 01 046'09" E, approximately 172.03 feet; THENCE S 8802'16' E, approximately 1334.01 feet; THENCE S 38°20'41" E, approximately 163.38 feet; THENCE S 51039'19"W, approximately 146.93 feet; THENCE N 38°20'41' W, approximately 62.44 feet; THENCE N 88"02'16" W, approximately 503.02 feet; THENCE N 88°02'16" W, approximately 783.65 feet the PLACE of BEGINNING, containing containing 5.556 Acres Proposed R-1 Specific Use Metes and Bounds Description prepared for Zone Change Purposes Only on a 195.741 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point in the West line of Section 1 which bears S 01"46'06" W, approximately 1647.59 feet and S 88°02'16" E, approximately 1334.01 feet from a found nail and washer accepted as the Northwest comer of Section 1; THENCE N 01 046'06" E, approximately 795.19 feet; THENCE S 88007'53" E, approximately 110.03 feet; THENCE N 46°49'06" E, approximately 14.13 feet; THENCE N 01 °46'06" E, approximately 214.17 feet; THENCE S 88°12'41" E, approximately 1187.59 feet; THENCE S 01 057'44" W, approximately 2013. 10 feet THENCE S 86011'44" E, approximately 6.82 feet; THENCE S 01'48'42" W, approximately 2637.92 feet; THENCE N 88°12'06" W, approximately 2134.42 feet; THENCE N 01°46'00" E, approximately 1051.90 feet; THENCE N 88'02'16" W, approximately 505.13 feet; THENCE N 01 °46'00" E, approximately 788.20 feet; Proposed A-2 Zoning Metes and Bounds Description prepared for Zone Change Purposes Only on an 16.492 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point in the West line of Section 1 which bears S 01°46'06" W, approximately 1219.01 feet from a found nail and washer accepted as the Northwest corner of Section 1; THENCE S 88°02'16" E, approximately 934.00 feet; THENCE N 01 046'06" E, approximately 366.60 feet; THENCE S 88°02'16" E, approximately 400.00 feet; THENCE S 01'46'06" W, approximately 795.19 feet; THENCE N 88°02'16" W, approximately 1334.01 feet; THENCE N 01°46'06" E, approximately 428.58 feet to the PLACE of BEGINNING, containing containing 16.492 Acres Prepared for Zone Change Purposes only, does not represent an actual survey. Proposed GO Zoning Metes and Bounds Description prepared for Zone Change Purposes Only on a 36.563 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point in the West line of Section 1 which bears S 01 046'06" W, approximately 1819.62 feet from a found nail and washer accepted as the Northwest comer of Section 1; THENCE S 88°02'16" E, approximately 783.65 feet; THENCE S 01'46'06" W, approximately 131.69 feet; THENCE with a curve to the left having a radius of approximately 41.01 feet, a central angle of 89°48'22", a chord distance of approximately 57.90 feet, and a chord bearing of S 43°08'05" E; THENCE S 88002'16" E, approximately 180.74 feet; THENCE S 01 *46'06"W, approximately 1449.52 feet; THENCE N 88002'16" W, approximately 1005.24 feet; THENCE N 01 °46'02" E, approximately 1445.52 feet to the PLACE of BEGINNING, containing 36.563 Acres. Prepared for Zone Change Purposes only, does not represent an actual survey. Proposed R-2 Zoning THENCE S 88002'16" E, approximately 1005.24 feet; THENCE N 01°46'06" E, approximately 1449.52 feet; THENCE N 88002'16" W, approximately 180.74 feet; THENCE with a curve to the right having a radius of approximately 41.01 feet, a central angle of 89"48'22", a chord distance of approximately 57.90 feet, and a chord bearing of N 43"08'05" W; THENCE N 01 "46'06" E, approximately 131.69 feet; THENCE S 88002'16" E, approximately 503.02 feet; THENCE S 38°20'41" E, approximately 62.44 feet; THENCE N 51 "39'19" E, approximately 146.93 feet; THENCE N 38°20'41" W, approximately 163.38 feet to the PLACE of BEGINNING, containing 195.741 Acres Proposed C -2-A Zoning Metes and Bounds Description prepared for Zone Change Purposes Only on a 12.206 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at the Southwest corner of Section 1; THENCE N 01 046'00" E, approximately 1053.34 feet; THENCE S 88°02'16" E, approximately 505.13 feet; THENCE S 01"46'00" W, approximately 1051.90 feet; THENCE N 88"12'06" W, approximately 505.13 feet to the PLACE of BEGINNING, containing 12.206 Acres. Prepared for Zone Change Purposes only, does not represent an actual survey