HomeMy WebLinkAboutOrdinance - 2015-O0103 - Zone Case 3263 - 10/08/2015First Reading
September 24, 2015
Item No. 5.1
ORDINANCE NO. 2015-00103
Second Reading
October 8, 2015
Item No. 5.1
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3263; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE FOR GARDEN HOMES, ON 22.9 ACRES OF UNPLATTED
LAND OUT OF BLOCK A, SECTION 3, 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, 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. 3263
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-1 to R-1 Specific Use for Garden
Homes on 22.9 acres of unplatted land out of Block A, Section 3, City of
Lubbock, Lubbock County, Texas, located at 404 North Guava Avenue, south
of East Erskine, east of North Guava, 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 R-1 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 404
North Guava Avenue, south of East Erskine, east of North Guava, 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 September 24, 2015
Passed by the City Council on second reading on October R, 70 1 5
ATTEST:
-06A 51i�
Rebe ca Garza, City Secretary
QkTN C. ROBERTSON, MAYOR
Zone Case No. 3263
page - 2 of 3
APPROVED AS TO CONTENT:
'
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
Justin . P itt, A istant'Cify Attorney
vw/C ityAtt/Justin/Zones/ZC3263
September 3, 2015
Zone Case No. 3263
page - 3 of 3
1=11_
PER
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N I LUBBOCK, TEXAS 79401 1 806/763-56421 FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
METES AND BOUNDS DESCRIPTION of an approximate 22.9 acre tract of land located in Section 3, Block A,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point for the Northwest corner of this tract , same being the Northwest corner of Section 3, Block
A, Lubbock County, Texas;
THENCE S. 88029'24!'E., along the North line of said Section 3, an approximate distance of 394.2 feet to a point in
the West right-of-way line of Northeast Loop 289 for the Northeast corner of this tract;
THENCE S. 42019'42" E., along said West right-of-way line, an approximate distance of 1145.1 feet to a point in the
centerline of a 20 foot alley for the most Easterly Southeast corner of this tract;
THENCE S. 47040'18" W., along the centerline of said 20 foot alley, an approximate distance of 487.1 feet to a
point for the most Southerly Southeast corner of this tract;
THENCE N. 88013'58" W., continuing along said centerline, an approximate distance of 842.2 feet to a point in the
West line of said Section 3 for the Southwest corner of this tract;
THENCE N. 01 048'48" E., along the West line of said Section 3, an approximate distance of 1159.6 feet to the Point
of Beginning.
Contains: Approximately 22.9 acres
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
NOT FLA TTEO
NOT PLATTED \
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CHERRYPOINT G,Se:S-,_-y
�/5 �;ti Jl5 320C
32/ 822 325 � 327 , 328 ' 329 .'28 m
E. CORNELL ST. — — —
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Scale: 1" = 20Y