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HomeMy WebLinkAboutOrdinance - 2015-O0060 - Zone Case 2911-A - 06/11/2015First Reading May 28, 2015 Item No. 7.5 ORDINANCE NO. 2015-00060 Second Reading June 11, 2015 Item No. 6.26 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2911-A; A ZONING CHANGE FROM A-2 TO R-1 SPECIFIC USE FOR REDUCED SETBACKS, ON 13.6 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 16, 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, 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), and notice was duly published in the Lubbock Avalanche-Joumal 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. 2911-A 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 A-2 to R-1 Specific Use for reduced setbacks on 13.6 acres of unplatted land out of Block E-2, Section 16, City of Lubbock, Lubbock County, Texas, located at west of Utica Avenue and north of 110`h Street, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO TIIE FOLLOWING CONDITIONS: 1. TIIAT the lots inside the development shall be allowed: 20' front setbacks; 5' setbacks on cul-de-sac lots; 5' side setbacks on lots at the ends of the block; and 0' (zero) rear setbacks for non rear -facing garages and accessory buildings. 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 A-2 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 west of Utica Avenue and north of 1101h 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 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. 2911-A page - 2 of 3 AND IT IS SO ORDERED. Passed by the City Council on first reading on May 28, 2015 Passed by the City Council on second reading on June 11, 2015 ATTEST: Re a ca Garza, City Secretary APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: vw/Ci1yAtt/Jus1in/Zones/ZC291 I -A May 7, 2015 GLEN (t/ROA9ftTSON, MAYOR ey Zone Case No. 2911-A page - 3 of 3 13.6 ACRES SECTION 16, BLOCK E-2 0 x LUBBOCK COUNTY, TEXAS z Scale: 1"=200' �UN&R��.7 ��e9_ 4108 36 20 2/ ze 9° '1 3561 :0' s Q as T� 10 l4z T —T —1 /09M STREET 22 13 -=-1- J T — /so W I I II I I I Z`h-1 g� 139 nom � -1-3.1 1ZC�Eb1 P k2 1 H11 T /2B /091h RACE — /29 l36 /3/ /3V THIS R NT BEARS N00°01'37'W 1372A' ANO 589'59'10"E 1342.7 FROM THE SW CORNER OF SECTION 16, KOCK E-2 ' — N89059'10"W 350.9' R=500' L=14'04'12"//R=500' 0=14°04'12" 20.0' T=62.7' CH=122.5' T=62.7' CH=122.5' N89°59'10"W CB=N82°'57'04"W CB=N82°'57'04"W �. NOT PLATTED coa o",rem rase ChVrs ARMAN f ✓d 6566 Pg. 267/ HUGO REED AND 1601 AVENUE N I LUBBOCK, ASSOCIATES, INC. TEXAS 79401 1 8061763-66421 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676.00 METES AND BOUNDS DESCRIPTION of an approximately 13.6 acre tract of land located in Section 16, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the centerline of 110th Street for the Southwest corner of this tract which bears N. 00'01'37'W. an approximate distance of 1372.4 feet and S. 89059'10" E. an approximate distance of 1342.2 feet from the Southwest corner of Section 16, Block E-2, Lubbock County, Texas; THENCE N. 00001'37" W. an approximate distance of 960.0 feet to a point in the centerline of a 20 foot alley for the Northwest corner of this tract; THENCE S. 89059'10" E., along the centerline of said 20 foot alley, an approximate distance of 614.0 feet to a point in the centerline of a 20 foot alley for the Northeast corner of this tract; THENCE S. 00001'37" E., along the centerline of said 20 foot alley, an approximate distance of 990.0 feet to a point in the centerline of said 110th Street for the Southeast corner of this tract; THENCE N. 89059'10" W., along the centerline of said 110th Street, an approximate distance of 20.0 feet to a point of curvature; THENCE Northwesterly, continuing along said centerline, along a curve to the right, said curve having a radius of approximately 500.0 feet, a central angle of 14004'12", tangent lengths of approximately 62.7 feet, a chord distance of approximately 122.5 feet and a chord bearing of N. 82057'04" W. to a point of reverse curvature; THENCE Northwesterly, continuing along said centerline, along a curve to the left, said curve having a radius of approximately 500.0 feet, a central angle of 14°04'12", tangent lengths of approximately 62.7 feet, a chord distance of approximately 122.5 feet and a chord bearing of N. 82057'04" W. to a point of tangency; THENCE N. 89°59'10" W., continuing along said centerline, an approximate distance of 350.9 feet to the Point of Beginning. April 13, 2015 PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT A SURVEY.