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Home My WebLink AboutOrdinance - 2016-O0161 - Zone Case 3295 - 11/03/2016First Reading Second Reading October 27,2016 November 3, 2016 Item No.7.4 Item No.7.4 ORDINANCE NO.9016-00161 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:ZONE CASE NO.3295;A ZONING CHANGE FROM T TO AM AND R-l SPECIFIC USE FOR REDUCED SETBACKS,ON 204.1 ACRES OF UNPLATTED LAND OUT OF BLOCK AK,SECTION 35,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.3295 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 T to AM and R-l Specific Use for reduced setbacks on 204.1 acres of unplatted land out of Block AK,Section 35,City of Lubbock, Lubbock County, Texas, located at 6514 Marsha Sharp Freeway,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 residential setbacks shall be: a. 20' front setback; b. 5' front setback on cul-de-sac lots; c. 5' side setback on corner lots including fences (excluding collector and thoroughfare streets); and d. 0' setback for non -rear facing garage. 2. THAT no streets from within the proposed development be connected to the Pine Grove Estates subdivision. 3. THAT the developer shall provide adequate means for construction access to the development to alleviate any need for construction traffic through the Pine Grove Estates subdivision. 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 T 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 6514 Marsha Sharp Freeway, 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. 3295 page - 2 of 3 AND IT IS SO ORDERED. Passed by the City Council on first reading on October 27, 2016 Passed by the City Council on second reading on November 3, 2016 ATTEST: Rebec f a Garza, City Secr ary APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Justin D. itt, As istant City Attorney vw/CityAtt/Justin/Zones/ZC3295 October 6, 2016 DANIEL M. POP , MAYOR Zone Case No. 3295 page - 3 of 3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 6061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED R-1 Specific Use Zoning METES AND BOUNDS DESCRIPTION of a 164.0 acre tract of land located in Section 35, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northeast corner of this tract, which bears S. 88003'19" E. an approximate distance of 3601.9 feet and S. 01 *5641" W. an approximate distance of 650.3 feet from the Northwest corner of Section 35, Block AK, Lubbock County, Texas; THENCE S. 01 °56'41" W. an approximate distance of 1405.5 feet to a point for a corner of this tract; THENCE S. 8801011" E. an approximate distance of 51.3 feet to a point for a corner of this tract; THENCE S. 01 057'02" W. an approximate distance of 576.9 feet to a point for the Southeast corner of this tract; THENCE N. 88010'08" W. an approximate distance of 3443.8 feet to a point for the most Southerly Southwest corner of this tract; THENCE N. 01 051'09" E. an approximate distance of 101.4 feet to a point for a corner of this tract; THENCE N. 88009'08" W. an approximate distance of 121.9 feet to a point for a corner of this tract; THENCE S. 56026'02" W. an approximate distance of 102.0 feet to a point in the West line of said Section 35, Block AK, for the most Westerly Southwest corner of this tract; THENCE N. 01 051'07" E., along the West line of said Section 35, Block AK, an approximate distance of 1939.3 feet to a point for the Northwest corner of this tract; THENCE S. 88010'53" E. an approximate a distance of 3600.8 feet to the Point of Beginning. Contains: Approximately 164.0 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 1111111113111 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED AM ZONING METES AND BOUNDS DESCRIPTION of a 40.1 acre tract of land located in Section 35, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northwest corner of this tract, which bears S. 88003'19" E. an approximate distance of 3601.9 feet and S. 01 "56'41" W. an approximate distance of 650.3 feet from the Northwest corner of Section 35, Block AK, Lubbock County, Texas; THENCE S. 88010'53" E. an approximate distance of 1244.9 feet to a point for the Northeast corner of this tract; THENCE S. 01 056'07" W. an approximate distance of 1188.5 feet to a point of curvature; THENCE Southwesterly, along a curve to the right, said curve having an approximate radius of 1223.24 feet, a central angle of 10026'27", a chord bearing of S. 14024'56" W. and an approximate chord distance of 222.6 feet to a point of intersection for the Southeast corner of this tract; THENCE N. 88010'11" W. an approximate distance of 1197.1 feet to a point for the Southwest corner of this tract; THENCE N. 01 056'41" E. an approximate a distance of 1405.5 feet to the Point of Beginning. Contains: Approximately 40.1 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.