HomeMy WebLinkAboutOrdinance - 2016-O0162 - Zone Case 3016-C - 11/03/2016First Reading Second Reading
October 27,2016 November 3,2016
Item No.7.5 Item No.7.5
ORDINANCE NO.2016-0016?.
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES:ZONE CASE NO.3016-C;A ZONING CHANGE FROM R-l SPECIFIC
USE TO R-l SPECIFIC USE FOR REDUCED SETBACKS,ON 89.5 ACRES OF
LAND OUT OF BLOCK AK,SECTION 22,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.3016-C
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-l Specific Useto R-l Specific Usefor
reduced setbacks on 89.5 acres of land out of Block AK,Section 22,City of
Lubbock, Lubbock County, Texas, located at South of 98,h Street and East of
Upland Avenue,subject to conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the R-1 tracts shall have twenty foot (20') front setbacks, five
foot (5') front setbacks on cul-de-sac lots, and five foot (5') side
setbacks on corner lots. If block has alley entry garages, the fence
shall have a five foot (5') side setback on corner lots as well.
2. THAT the zone change shall have an eighteen inch (18") rear setback
on non -rear facing garages.
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 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 South 98th Street and East of 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 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 October 27, 2016
Passed by the City Council on second reading on November 3, 2016
DANIEL M. POP , MAYOR
Zone Case No. 3016-C
page - 2 of 3
ATTEST:
nn^^
Rebe ca Garza, City Secre
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
Justin D a
itt, As istant City Attorney
vw/CityAtt/Justin/Zones/ZC3016-C
October 6, 2016
Zone Case No. 3016-C
page - 3 of 3
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
AND SURVEYORS
IVIL ENGINEERS
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of a tract of land
located in Section 22, Block AK, Lubbock County, Texas,
including previously platted Lots 1-58, The Ridge, being further
described as follows:
BEGINNING at a point, for the Northwest corner of this tract,
which bears S. 88000'44" E. an approximate distance of 900.0
feet and S. 01051'02" W. an approximate distance of 275.0 feet
from the Northwest corner of Section 22, Block AK, Lubbock
County, Texas;
THENCE S. 88000'44" E. an approximate distance of 772.0 feet
to a point for the most Northerly Northeast corner of this tract;
THENCE S. 01 051'02" W. an approximate distance of 311.1 feet
to a point of curvature;
THENCE Southwesterly, along a curve to the right, said curve
having a radius of approximately 1000 feet, a central angle of
19003'01", approximate tangent lengths of 167.8 feet, an
approximate chord length of 331.0 feet, and a chord bearing of
S. 11 022'32" W., to a point of intersection;
THENCE S. 88000'44" E. an approximate distance of 1030.7
feet to a point for the most Easterly Northeast corner of this
tract;
THENCE S. 01 051'02" W. an approximate distance of 1770.3
feet to a point for the Southeast corner of this tract;
THENCE N. 88008'58" W. an approximate distance of 2067.9
feet to a point for the Southwest corner of this tract;
THENCE N. 01 051'02" E. an approximate distance of 1089.3
feet to a point;
THENCE S. 88008'58" E. an approximate distance of 400.0 feet
to a point;
THENCE N. 01051'02" E. an approximate distance of 397.8 to a
point;
THENCE N. 44058'24" W. an approximate distance of 109.7
feet to a point;
THENCE N. 01 051'02" E. an approximate distance of 850.0 feet
to the Point of Beginning.
Contains: approximately 89.5 acres
PREPARED FOR ZONE CHANGE REQUEST ONLY; NOT TO
BE USED FOR ANY LAND TITLE TRANSACTION.