HomeMy WebLinkAboutOrdinance - 9762-1994 -Zoning Change (Kimley-Horn & Associates) Gilbert Addition - 12/08/1994First Reading
December 8, 1994
Item #16
Second Reading
December 15, 1994
Item #6
ORDINANCE NO. 9762
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2217-A; A ZONING CHANGE FROM A-1 AND R-1 TO C-2 AND C-3
SPECIFIC USE ZONING ON A PORTION OF SECTION 27, BLOCK E-2, WHICH
INCLUDES A PORTION OF LOT 1, GILBERT ADDITION, 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 finds 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 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 on is a minor deviation from the 1986 Comprehensive Land Use Plan and
attempt to protect 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 j
Section 29-29 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 the proposed amendment, and the public hearing according to said
notice, was duly 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 determined
by the City Council 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 1
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.2217-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as
follows:
A change of zoning under the provisions of Section 29-24(c)(24) of the Code of
Ordinances of the City of Lubbock from A-1 and C-3 to C-2 and C-3 Specific Use
on a portion of Section 27, Block E-2, which includes a portion of Lot 1, Gilbert
Addition, City of Lubbock, Lubbock County, Texas, located South of 68th Street
and West of Slide Road, subject to conditions and being further described as
follows:
TRACT 1
METES AND BOUNDS DESCRIPTION of a 1.692 acre tract of land located in
Section 27, Block E-2, Lubbock, Lubbock County, Texas, being further described
as follows:
BEGINNING at a point in the South right-of-way line of 68th Street which bears
N. 89°57'50" W. a distance of 1260.91 feet and S. 00°02'20" E. a distance of
513.76 feet from the Northeast corner of Section 27, Block E-2, Lubbock,
Lubbock County, Texas;
THENCE N. 89057'22" E., along the South right-of-way line of 68th Street, a
distance of 200.00 feet;
THENCE S. 00002'38" E. a distance of 480.11 feet to a point;
THENCE Northwesterly around a curve to the right, said curve having a radius of
477.30 feet, a central angle of 46025'03", tangent lengths of 204.66 feet, and a
chord distance of 376.19 feet to a point of tangency;
THENCE N. 08003'09" W. a distance of 142.69 feet to a point of curvature;
THENCE Northeasterly around a curve to the right, said curve having a radius of
15.00 feet, a central angle of 98°00'31", tangent lengths of 17.26 feet and a chord
distance of 22.64 feet to the POINT OF BEGINNING.
TRACT 2
0-
METES AND BOUNDS DESCRIPTION of a 10.863 acre tract of land located in
Section 27, Block E-2, Lubbock, Lubbock County, Texas, and including a portion
of Lot 1, Gilbert Addition to the City of Lubbock, Lubbock County, Texas, being
further described as follows:
BEGINNING at a point in the East line of Lot 1, Gilbert Addition which bears S.
00°03'50" E. a distance of 1045.71 feet and S. 89°57'30" W. a distance of 60.00
feet from the Northeast corner of Section 27, Block E-2, Lubbock, Lubbock
County, Texas;
THENCE Southwesterly around a curve to the right, said curve having a radius of
30.00 feet, a central angle of 90'01'20", tangent lengths of 30.01 feet and a chord
distance of 42.43 feet to a point of tangency;
THENCE S. 89057'30" W., a distance of 69.97 feet to a point of intersection;
THENCE S. 87051'30" W. a distance of 150.10 feet to a point of intersection;
THENCE S. 89057'30" W., at 64.51 feet pass the West line of Lot 1, Gilbert
Addition, continuing for a total distance of 473.69 feet to a point of curvature,
THENCE Northwesterly around a curve to the right, said curve having a radius of
477.30 feet, a central angle of 35°34' 18", tangent lengths of 153.11 feet, and a
chord distance of 291.59 feet to a point;
ZONE CASE NO. 2217-A
-PAGE 2 -
THENCE N. 00002'38" W. a distance of 480.11 feet to a point in South right-of-
way line of 68th Street;
THENCE N. 89057'22" E., along the South right-of-way line of 68th Street, a
distance of 669.66 feet;
THENCE S. 00002'05" E. a distance of 264.32 feet;
THENCE N. 89057'30" E. a distance of 331.61 feet to a point in the West right-
of-way line of Slide Road;
THENCE S. 00003'50" E., along the West right-of-way line of Slide Road, at
263.93 feet pass the Northeast corner of Lot 1, Gilbert Addition, continuing for a
total distance of 269.35 feet to the POINT OF BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. That Tract 1 be changed from A-1 to C-2, subject to the following
condition:
That a site plan, including building elevations showing materials,
color, texture, a detailed landscape plan and an irrigation plan, shall
be submitted to the Planning and Zoning Commission for approval
prior to the issuance of a building permit.
b. That Tract 2 be changed from R-1 and A-1 to C-3 Specific Use subject to
the following condition:
That building elevations showing materials, color, texture, and a
detailed landscape and irrigation plan shall be submitted to the
Planning and Zoning Commission for approval prior to the issuance
of a building permit.
SECTION 2. THAT the granting of this specific use zoning is hereby made subject to
compliance to all provisions of Zoning Ordinance No. 7084, as amended, including particularly,
but not limited to, Section 29-24 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-1 and R-1 zone districts; 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 29-24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described as a
portion of Section 27, Block E-2, which includes a portion of Lot 1, Gilbert Addition, City of
Lubbock, Lubbock County, Texas.
SECTION 3. 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 29-31 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.
ZONE CASE NO. 2217-A
-PAGE 3 -
SECTION S. 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 8 t h day of December , 1994.
Passed by the City Council on second r9ding this I day of December , 1994.
ATTEST:
&-'ui� "
BettyN. Johns , City Secretary
APPROVED AS TO CONTENT:
Randy H , ',son, Senior Planner
APPROVED AS TO FORM:
Linda L. Chamales, Assistant City Attorney
LLC.js/ZC2217-AORD
codoca November 15, 1994
ZONE CASE NO. 2217-A
- PAGE 4 -
K - �3 -{
PUBLIC ME, RING
NOTICE b'M/ybY-•s � tha Ahe
City Councii-W" hokk Public
Hearing on Thursday, December 8,
1994 at 10:30 a.m., In the City Coun-
cil Chambers, 1625 13th Street,
Lubbock, Texas, to consider the
recommendations by the Planning
and Zoning Commission that Zon-
ing be changed on certain proper-.
ties In Lubbock, Texas. City of Lub-
bock City Council meetings are
available to all persons regardless
of disability, If You require special
assistance, please contact the City
Secretary's Office at 767-2025 or
Community and Neighborhood Ser-
vices (for the hearing impaired) of
747-2888 (Monday -Friday, 8:00.5:00
p.m.) or 1625 13th Street Room 206
at least 48 hours In advance of the
meeting. All Interested persons
may speak, then the City Council
will act on such recommendations.
The following zone cases will be
heard:
ZONE CASE NO. 1721.8: Appeal of
Lloyd Headrick for a zoning
change from R-1 to GO Specific Use
and R-1 Specific Use on the west 70
feet of Lot 203 and the west 70 feet
of Lot 202, Midway Park Addition
(5211 29th Street and 5212 30th
Street).
a Nota y Public in and for Lubbock County, Texas on this day
of the Southwestern Newspa-
lishers of the ubbock Avalanche -Journal — Morning, and Sunday, who being by me duly
say that said newspaper has been published continuously for more than fifty-two weeks pri-
i of this I4e4:AG:� ijn4 i r A •
`7QI D_at Lubbock County, Texas and the attached print -
is a true copy of t e or) lnal nd was printed in the Lubbock
)tes: , l n�l�� Lpr 1 ���
�NCHE-JOURNAL
jspaper Corporation
NOTARY PUBLIC in and-7
or the State of Texas
My Commission Expires .................. —
ZONE CASE NO. 2217-A: Contin-
ued request of KimleyHorn and
Associates, Inc. (for The Seitz
Group, Inc.) for a zoning change
from A-1 and R-i to C-3 Specific
Use on a portion of Section 27, horn to before me this day of C, PF r�� �r 1
Block E-2 which includes a portion
of Lot 1, Gilbert Addition (south of
681h Street and west of Slide Road). j (`
ZONE CASE NO. 2161-D: Request
of Bernie Grodel, Jr. (for Lubbock $ ! I Pf1TT! Ti�T� IS�`l
Land Company) for a zoning ( : MY
Pubitc. S'a,e pi II'�"?5 change from R-1, A-1, Go and C-210
R-1, R-1 Specific Use (garden
homes), A.I. C-2 and C-3 on tracts 4 , y Commiss•':n Explr�s 6•s0-4ti 1,
out of the northwest quarter of Sec- (1,�r�
tlon 13, Block E-2 (south of 82nd `--'=;f�°��=•'1'C�S
Street and west of University Ave-
nue).
ZONE CASE NO. 2745: Request of
Roger Shumacher (for Peerless
Tyre Company) for a zoning
change from C-2A to C-3 Specific
Use limited to a tire store on Lot 31
and 8 feet of closed alley, Collie
Mac No. 2 Addition (2302 50th
Street).
ZONE CASE NO. 2190.0: Request
of Bernie Grodel, Jr. (for Art Cue-
vas Construction) for a zoning
change from A-2 limited to church
and church related uses to R-1 Spe-
clfic Use (garden homes) on a
tract out of Section 29, Block AK
(southwest corner of 69th Street
and Fronkford Avenue). -
ZONE CASE NO. 2494-A/ Request
of Robert W. Rose for a zoning
change from IHC to C-4 limited to
trailer rental and IHC permitted
uses on a portion of Lot 1, Block 3,
Suburban Homes Addition (48351n-
terstate 27). -
R-2352
q4
.
SECOND lwS olNO,%" i
ORDINANCES.,
.ORDINANCE NO.9762
AN ORDINANCE AMEND•
ING ZONING ORDINANCE NO.
7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK
MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2217'
a; A ZON NG CHANGE FROM A 1
SPECIF-
ICAND USE IZONING ON A PORTION
OF SECTION 27, BLOCK E-2,
WHICH INCLUDES A PORTION
OF LOT 1, GILBERT ADDITION,
LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAV-
INGS CLAUSE AND PROVIDING
FOR PUBLICATION.
SECTION 3. THAT violation of
any Provisions of this Ordinance
shall be deemed a misdemeanor
punishable by a fine not to exceed
Two Thousand and Norl-- Dollars
($2,000.00) as provided In Section
29-31 of the Zoning Ordinance of the
City of Lubbock.
ORDINANCE NO. 9763
AN ORDINANCE AMEND•
ING ZONING ORDINANCE NO.
7084 AND THE OFFICIAL MAP
OF THE CITY OF LU13BOCK
MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2161-
D; A ZONING CHANGE FROM R-
1, A-1, GO AND C-2 TO R-1, R-1
SPECIFIC USE FOR GARDEN
HOMES, A-1, C-2 AND C-3 ON
TRACTS OUT OF THE NORTH-
WEST QUARTER OF SECTION
13, BLOCK E-2, LUBBOCK, TEX-
AS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PRO-
VIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICA-
TION.
ou ]Jim JadodSMaU s141 11•1J01;
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TEXAS
aotary Public in and for Lubbock County, Texas on this day
red T ` 7 1 I ?� -� 11 e r of the Southwestern Newspa-
, publishers of the Lubbock Avalanche -Journal — Morning, and Sunday, who being by me duly
,and say that said new pa e has been published continuously for more than fifty-two weeks pri-
rtion of this -1 'Q I I I '-� CC,
o.
1 M the follow ng dates: - f !:%
N —
C-6ev
AN CHE-JOURNAL
✓spaper Corporation
at Lubbock County, Texas and the attached print -
true copyof the original and was printed in the Lubbock
-Cc:
NOTARY PUBLIC in and for the State of Texas
My Commission Expires ..................
rn to before me this_ C/
day of JC t.- ►� t.r G� C� 19 r ��
ORDINANCE NO.9765
AN ORDINANCE AMEND-
ING ZONING ORDINANCE NO.
7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK
MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2190-
A ZONING CHANGE FROM A.
LIMITED TO A CHURCH, TO R-
SPECIFIC USE ZONING FOR
ARDEN HOMES ON A TRACT
UT OF SECTION 29, BLOCK A-
(, LUBBOCK, TEXAS; PROVID-
NG A PENALTY; PROVIDING A
AVINGS CLAUSE AND PROVID-
NG FOR.PUBLICATION.._;.+
SECTION 3. THAT violation of
ny provisions of this Ordinance
hall be deemed a misdemeanor
unishable by a fine not to exceed
wo Thousand and No(100 Dollars
S2.000.00) as Provided In Section
-31 of the Zoning Ordinance of the
ity of Lubbock.
ORDINANCE NO. 9766
AN ORDINANCE AMEND-
ING ZONING ORDINANCE NO.
7094 AND TO OFFICIAL MAP OF
THE CITY OF LUBBOCK MAK-
I N G T H E F O L L O W I G
CHANGES: ZONE CASE NO: 2494-
A; A ZONING CHANGE FROM
IHC TO C-4 ZONING, LIMITED
TO TRAILER RENTAL AND IHC
PERMITTED USES ON LOT 1,
BLOCK E, SUBURBAN HOMES
ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PRO-
VIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICA-
TION.
SECTION 2. THAT violation of
any Provisions of this Ordinance
shall be deemed a misdemeanor
Punishable by a fine not to exceed
Twn Thousand and Na100 Dollars
($2,000.00) as provided In Section
29.31 of the Zoning Ordinanceof the
City Of Lubbock.
R-2391
_74�.�� - t�. l C �� �'e T C t
t�
•.. - ;rlm's c re I
}�Z •errs.'e'��- it-'' '�C "7i� ::a S
(z-Z5_-�
NOTICE OF
PUBLIC HEARING
NOTICE Is hereby given that the
City Council will hold a Public ,EXAS
Hearing on Thursday, December 8,
1994 at 10:30 a.m., in the City Coon- , OCK
cil Chambers, 1625 13th Street,
Lubbock, Texas, to consider the
a Nota Public in and for Lubbock County, Texas on this da
recommendations by the Planning
Y Y Y
and Zoning Commission that Zan- a
of the Southwestern Newspa-
Ing be changed on certain proper-
ties in Lubbock, Texas. City g L re publishers of the
bock City Council meetings are
ubbock Avalanche -Journal — Morning, and Sunday, who being by me duly
available to all persons regardless and saythat said newspaper has been published continuous) for more than fifty-two weeks ri-
isability If You require special P Y Y P
ot disability.
assistance, Pleasecontact the City rt10n Of this �e---a—�cr "^� tri
Otfice at 767-2025 or
Secretary's Office
Community and Neighborhood Ser-
I `
N0.
vices (for the hearing Impaired) at
747-2088 (Monday -Friday, 8:00-5:00
Is a
P.M.) or 1625 13th Street Room 206
at least 48 hours in advance of the .l O
he following dates:
meeting. All interested persons
may speak, then the City Council
�r•.
%
will act on such recommendations.
The following zone cases will be
heard:
ZONE CASE NO. 1721-B: Appeal of
Lloyd Headrick for a zoning
change from R-7 to GO Specific Use
and R-1 Specific Use on the west 70
feet of Lot 203 and the west 70 feet
of Lot 202, Midway Park Addition
(5211 29th Street and 5212 30th
Street).
ZONE CASE NO, 2217-A: Contin-
ued request of KimleY-Horn and
Associates, Inc. (for The Seitz
Group, Inc.) for a zoning change
from A-1 and R-1 to C-3 Specific
Use on o portion of Section 27,
Block E-2 which includes a portion
of Lot 1, Gilbert Addition (south of
68th Street and west of Slide Rood).
ZONE CASE NO. 2161-D: Request
of Bernie Grodel, Jr. (for Lubbock
Land Company) for a zoning
change from R-1, A-1, GO and C-2 to
R-1, R-1 Specific Use (garden
homes), A-1. C-2 and C-3 on tracts
out of the northwest quarter of Sec-
tion 13, Block E-2 (south of 82nd
Street and west of University Ave-
nue).
)—at Lubbock County, Texas and the attached print -
copy of th
I Ll e onglna) and was printed in the Lubbock
c� I �'1)L/
v XWV
NOTARY PUBLIC in an or the State of Texas
O r My Commission Expires ..................
kNCHE-JOURNAL
,spaper Corporation
'orn to before me this day of (_ PP e' ►' 19 qLl
�o°�C✓'�.iGi21P�°�ifir��./!3G � •;r•, `t17
PATTI TiyTE
` 9 Pdotary Public. State of iesas l
4 9
ul t a, My Cor;rnlse•'m Expires 6•30-96
.4%,0 04i C G O',yAID4+ iO MRY4��L�
SECOND READING
ORDINANCES
ORDINANCE NO.9762
AN ORDINANCE AMEND-
ING ZONING ORDINANCE NO.
7084 AND THE OFFICIAL MAP
ME CITY OF LUBBCK
AKIfNG THE FOLLOWING
0;4ANGES: ZONE CASE NO. 2217-
A ZONING CHANGE FROM A-1
SPECIF-
ICNUSEI ZONING ON A PORTION
OF SECTION 27, BLOCK E-2,
WHICH INCLUDES A PORTION
OF LOT 1, GILBERT LUBBOCK,TEXAS; SUB EICTOTO
CONDITIONS; PROVIDING A
SAV-
INGS CLAUSE AND PROVIDING
FOR PUBLICATION.
SECTION 3. THAT violation Of
any provisions of this Ordinance
shall be deemed a misdemeanor
punishable by a fine not to exceed
Two Thousand and NOA1 Dollars
(S2,000.00) as provided In Section
29-31 of the Zoning Ordinance of the
City of Lubbock.
TEXAS
V,—i DLI " a : otary Public in and for Lubbock County, Texas on this day
red : - - - 7� ��f2� J 1 e r of the Southwestern Newspa-
Dublishers of the Lubbock Avalanche -Journal — Morning, and Sunday, who being by me duly
and say that said new pa e ha beep puNished continuously for more than fifty-two weeks pri-
rtion of this��I � �+
3 Yn the following dates:_
1 ORDINANCE NO.9763 I t E 1_
ANCHE-JOURNAL
spaper Corporation
AN ORDINANCE AMEND-
ING ZONING ORDINANCE NO.
7094
AND THE THE CITY OF OFFICIAL
OFLUBBOCK
MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2161-
D; A ZONING CHANGE FROM R-
1, A-1, GO AND C-2 TO R-1, R-1
SPECIFC USE FOR
HOMES, A-1, C 2 AND C 3DEN ON
TRACTS OUT OF THE NORTH-
WEST QUARTER OF SECTION
13, BLOCK E-2, LUBBOCK, TEX-
AS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PRO-
VIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICA-
TION.
SECTION 3. THAT violation of
any provisions of this Ordinance
$hail be deemed a misdemeanor
punishable by_a fine not t(o reixceed
_at Lubbock County, Texas and the attached print -
a true cop of the original and was printed in the Lubbock
dlrr- I Z. aC/, i cie?"
/ t(Jo�__ -
NOTARY PUBLIC in and for the State of Texas
My Commission Expires ..................
orn to before me this - —day of _7u n t_ C? C __19 F '
t
ORDINANCE NO. 9765
AN ORDINANCE AMEND-
ING ZONING ORDINANCE NO.
7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK
MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2190-
D; A ZONING CHANGE FROM A-
2, LIMITED TO ACHURCH,TO R-
1 SPECIFIC USE ZONING FOR
GARDEN HOMES ON A TRACT
OUT OF SECTION 29, BLOCK A.
qlLN�
PAT! i'rtT2 a;
c` m^ry public. stile Of IC+, j
Expires o 3G9ti