HomeMy WebLinkAboutOrdinance - 2019-O0084 - Zone Case 3385-A - 07/09/2019First Reading
June 25, 2019
Item No. 7.11
ORDINANCE NO. 2010-00084
Second Reading
July 9, 2019
Item No. 7.16
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3385-A; A ZONING CHANGE TO
R-1A SPECIFIC USE TO ALLOW GARDEN HOMES ON LAND ZONED
REDUCED SETBACK SINGLE FAMILY DISTRICT, FROM R-1A, AT 138TH
STREET AND AVENUE P, ON THE SOUTHWEST CORNER OF AVENUE P &
138TH STREET, ON 5.292 ACRES OF UNPLATTED LAND OUT OF BLOCK E,
SECTION 16, 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 -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.3385-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 to R-1A Specific Use to allow Garden
Homes on land zoned Reduced Setback Single Family District from R-1A at
138th Street and Avenue P, on the southwest corner of Avenue P & 138th
Street, on 5.292 acres of unplatted Iand out of Block E, Section 16, City of
Lubbock, Lubbock County, Texas, 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 40.033102 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-1A 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 138th
Street and Avenue P, on the southwest corner of Avenue P & 138th Street, on 5.292
acres of unplatted land out of Block E, Section 16, 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 No1100
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 T11ne25, 2019
Passed by the City Council on second reading onJuly 9, 2019
JEFF &IF'Ftrft, KAYO RO TEM
ATTEST:
(-Q J -,/&C -
Reb cca Garza, City Secret y
Zone Case No. 3385 A
page -2of3
APPROVED AS TO CONTENT:
McEachern, Assi*nt City Manager
APPROVED AS TO FORM:
AIV61z"c
K lli Leisure, Assistant City Attorney
vw/CityAttlKeil i/Zon&ZC3385-A
June 6, 2019
Zone Case No. 3385-A
page -3of3
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DESCRUTION FOR A ZOMNG CHANGE REQUEST IN
THE NORTHEAST' QUARTER OF SECTION 16, BLOCK 13
G.C. dt S.F. RR. CO. SURVEY, ABSTRACT NO. 1178,
LUBBOCK COUNTY, TEXAS
(Street 1 of 2, Slouch of ttut attached as Mod 2)
A 5292 acre tract of land located in the Northeast Quarter (NE/4) of Section 16, Block E, G.C.
do S.F. RR. Co. Survey, Abstract No.1178, Lubbock Coumty, Tacos, said 5.292 acres met, more
or less, being further described by metes and bounds as follows:
BEGINNNG at a point in the (proposed) west Wye of Avenue P for the moat easterly northeast
corner of this tract and having coordunates of Northing: 0,000,000.00 and Easting: 000,000.00,
Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence the northeast
corner of Section 16 bears S. 88' 06' 18" E. a distance of 55.00 feet and N. 41° 53' 42" E. a
distance of 2568.72 fens, said section corner having coordinates of Northing: 7,236,350.58 and
Eastrmg: 946,254.20, Tom Coordinate Syste n of 1983 (2011), Team North Central Zone;
T ENCE S. 01 ° 53' 42" W.. parallel with and 55.00 feet west of the east line of said Section 16
and the centerline of Avenue P, a distance of 657.73 feet to a point of intersection for the most
easterly southeast comer of this tract,;
THENCE S. 46° 51' 10" W. a distance of 14.15 feet to a point of intersection in the (proposed)
north right-of-way line of an alley for the most southerly southeast corner of this but,
THENCE N. W 11' 22" W., along the said (proposed) north right-of-way line of an alley, a
distance of 399.96 feet to a point of intersection for most southerly southwest corner of this tract;
THENCE N. 43" 1 P 22" W. a disbenc a of 14.14 feet to a point of infection in the (proposed)
cant line of Avenue Q for the most westerly southwest corner of this tract;
THENCE N. 01" 48' 38" E., along said (proposed) east right -of --way line of Avenue Q, a distance
of 302.00 foal to a point of intersection and a corner of this tract;
THENCE N. W 48' 38" E. a distance of 21.21 feet to a point of intersection in the (proposed)
south right-of-way lino of 130 Plate for a corner of this tract;
THENCE S. 88° i 1' 22" E., along said (proposed) south right-of-way lime of 1386 Place, a
distance of 130.00 fed to a point of intersection and an on corner of this tract;
THENCE N. 01° 48' 39" E. a distance of 55.00 feet pats the (proposed) north right-of-way line
of 138i Place, continuing along the (proposed) east right -of --way line of an alley, a total distance
of 226.65 feet too a point of intersection for most westerly west corner of this tract;
THENCE N. 360 13' 44" E. a distance of 16.50 feet to a point of intellection in the (proposed)
south right-of-way line of 13P Street for the most northerly northwest corer of this treat
THENCE N. 70° 38' 51" E., along said (proposed) south rightof-way line of 138; Street, a
distance of 66.65 feet to a point of curvature far a canner of this tract;
THENCE easterly, along said (proposed) south right-of-way line of 138' street and a curve to
the right, an are distance of 161.04 feet, said carve having a radius of 436.00 *et, a deft of 210
09' 46", a chord distance of 160.13 feet and a chord boating of N. 810 13'44"E., to a point of
tangency for a cornet of this tract;
THENCE S. 88" IF 22" E., continuing along said (proposed) south right-of-way line of 1381
Street, a distance of 32.09 feet to a point of intersection for the most northerly northeast corner of
Ws tract,
THENCE S. 430 08' S0" E. a distance of 21.20 feet to the POINT OF BEGINNING. Bearings are
based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. Distances are
at surface, in U.S. survey feet.
This description was prepared for purposes of a zoning change request and does not represent a
survey [Wade upon the ground. This description is compiled from information obtained in
previous surveys made within said Section 16 and encompassing this tract.