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HomeMy WebLinkAboutOrdinance - 2014-O0132 - Zone Case 3116-G - 11/06/2014First Reading October 23, 2014 Item No. 6.1 ORDINANCE NO. 2014-00132 Second Reading November 6, 2014 Item No. 6.10 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3116-G; A ZONING CHANGE FROM R-2 SPECIFIC USE TO R-1 SPECIFIC USE ZONING DISTRICT ON 10 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 4, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 compiled 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 Ordinances 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. 3116-G SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from R-2 Specific Use to R-1 Specific Use zoning district on 10 acres of unplatted land out of Block AK, Section 4, City of Lubbock, Lubbock County, Texas located at south of 1301h Street and east of Memphis Avenue, 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 R-1 Lots shall have: (a) 20' front setback; (b) 5' front setback on cul-de-sac lots; (c) 5' side setbacks on corner lots, excluding Memphis Avenue with a 5' side setback for fences; and (d) 0' rear setback for 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-2 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 4403.310140.03.3103 of Codified Zoning Ordinance No. 7084 on the property -described as south of 130" Street and cast of Memphis Avenue, City of Lubbock, Lubbock County, Texas. SECTION32. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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 Ontoher 1i 1014 Passed by the City Council on second reading on Novemher 6, 2014 GL C. TSON, MAYOR Case No. 3116-G page -2o3 ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Chad Weaver, City Attorney vw/CIIyANCba&Zoncs/ZC3116-G W. -, 2, 2014 Zone Case Na. 3116-G page - 3 of HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763.6642 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 tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northwest corner of this tract which bears S. 88013'52" E. an approximate distance of 2640.5 feet and S. 01°46'31" W. an approximate distance of 670.0 feet from the Northwest corner of Section 4, Block AK, Lubbock County, Texas; THENCE S. 88°13'52" E. an approximate distance of 1359.4 feet to a point for the Northeast corner of this tract; THENCE S. 01 046'31" W. an approximate distance of 323.1 feet to a point for the Southeast corner of this tract,- THENCE ract;THENCE N. 88013'29" W. an approximate distance of 1321.2 feet to a point for the Southwest corner of this tract; THENCE N. 06026'16" W. an approximate distance of 234.0 feet to a point of curvature; THENCE Northwesterly, along a curve to the right, said curve having a radius of approximately 500.0 feet, a central angle of 10029'57", approximate tangent lengths of 45.9 feet, a chord distance of approximately 91.5 feet and a chord bearing of N. 01 °11'18" W. to the Point of Beginning. Contains: Approximately 10.0 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.