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Home My WebLink AboutOrdinance - 2015-O0106 - Zone Case 3096-D - 10/08/2015First Reading September 24, 2015 Item No. 5.4 ORDINANCE NO. 2015-00106 Second Reading October 8, 2015 Item No. 5.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3096-D; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR REDUCED SETBACKS OF 20 FEET TO R-1 SPECIFIC USE FOR REDUCED SETBACKS OF 15 FEET, ON 88.4 ACRES OF UNPLATTED LAND OUT OF BLOCK E2, SECTION 25, 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. 3096-D 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 Specific Use for reduced setbacks of 20 feet to R-1 Specific Use for reduced setbacks of 15 feet on 88.4 acres of unplatted land out of Block E2, Section 25, City of Lubbock, Lubbock County, Texas, located at 5402 1141" Street, 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 front setback be limited to fifteen (15) feet; 2. THAT a five (5) foot side setback be approved for cul-de-sac lots; 3. THAT a five (5) foot side setback be approved on corner lots, excluding lots on Chicago, with a five (5) foot side setback for fences; and 4. THAT a zero (0) foot rear setback be approved for non -rear facing third car 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 5402 114" 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. 3096-D page - 2 of 3 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, 2015 ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: TSw / Andrew Paxton, Director of Planning APPROVED AS TO FORM: J st a -4k - 'Pr itt, Assistant City Attorney m/CityAn/Justin/Zones/ZC3096-D September 3, 2015 Zone Case No. 3096-D page - 3 of 3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 6061763-3691 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 PROPOSED R-1 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 88.4 acre tract of land located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of the Southeast Quarter of Section 25, Block E-2, Lubbock County, Texas, for the Southwest corner of this tract which bears N. 01 "45'05" E. an approximate distance of 909.0 feet from the Southwest corner of the Southeast Quarter of Section 25, Block E-2, Lubbock County, Texas; THENCE N. 01 045'05" E., along the West line of the Southeast Quarter of said Section 25, Block E-2, an approximate distance of 1743.9 feet to a point for the Northwest corner of this tract; THENCE S. 88025'22" E. an approximate distance of 2202.1 feet to a point for the Northeast corner of this tract; THENCE S. 01 043'42" W. an approximate distance of 1287.0 feet to a point; THENCE S. 31 000'40" W. an approximate distance of 599.3 feet to a point for the Southeast corner of this tract; THENCE N. 88°43'17" W. an approximate distance of 1010.5 feet to a point; THENCE N. 01 016'43" E. an approximate distance of 75.1 feet to a point; THENCE N. 88°43'17" W. an approximate distance of 898.6 feet to the Point of Beginning. 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