HomeMy WebLinkAboutOrdinance - 2019-O0082 - Zone Case 3384 - 07/09/2019First Reading
June 25, 2019
Item No. 7.9
ORDINANCE NO. 2(119-000 g2
Second Reading
July 9, 2019
Item No. 7.14
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3384; A ZONING CHANGE TO R-
IA SPECIFIC USE TO ALLOW GARDEN HOMES ON LAND ZONED
REDUCED SETBACK SINGLE FAMILY DISTRICT, FROM R-1A, AT 26TH
STREET AND YUMA AVENUE, ON THE SOUTHEAST CORNER OF YUMA
AVENUE AND 26TH STREET, ON 7.801 ACRES OF UNPLATTED LAND OUT
OF BLOCK AK, SECTION 42, 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.3384
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-lA at
26th Street and Yuma Avenue, on the southeast corner of Yuma Avenue and
26th Street, on 7.801 acres of unplatted land out of Block AK, Section 42,
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 40.03.3102 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-IA 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 26th
Street and Yuma Avenue, on the southeast corner of Yuma Avenue and 26th Street,
on 7.801 acres of unplatted land out of Block AK, Section 42, 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 June 25, 2019
Passed by the City Council on second reading on July 9, 2019
ATTEST:
Reb ca Garza, City Sec t
JEFF "RIFITH, MAYOR PRO TEM
Zone Case No. 3384
page - 2 of 3
APPROVED AS TO CONTENT:
r
&Ovm
Jesica McEachern, Assif t City Manager
APPROVED AS TO FORM:
Iff1h *A�t
K lli Leisure, Assistant City Attorney
vw/CityAUlKe Il i/Zones/ZC3384
June 6, 2019
Zone Case No. 3384
page - 3 of 3
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DESCRIPTION FOR A ZONING CHANM REQUEST IN
SECTION 47, BLOCK AK,
ABSTRACT NO. 851,
LUBBOCK COUNTY, TEXAS
(Sheaf 1 of 2, SWA of tract MU4W as Sheet 2)
A 7.801 acre tract of land located in Section 42, Block AK, Abstract Number $51, Lubbock
County, Texas, being a portion that curtain 188,5074 acre tract of land conveyed to Storehouse
Land Congmy, LLC, described as 'Tract 6" in a Warranty Deed recorded in County Clews File
Number 2017029518 of the Official Public Records of Lubbock County, Texas, said 7.801 acre
tract being further described by metes and bounds as follows:
BFOINNWQ at a point of intersection in the (proposed) east right-of-way line of Yuma Avenue
and the (proposed) north rigbt-of-way lime of an alley for the southwest corner of this tract and
having wordinates of Northing: 0,000,000.00 and Easting: 000,000.00, Texas Coordinate
System of 1983 (2011), Texas North Central Zone, whence the southeast comer of Section 42
bears S. 01° 48' 59" W. a diatanre of 1989.61 feet and S. 88" 11' 01" E. a distance of 3790.38
feet, said section corner having coordinates of Northing: 7,269,196.92 and Eason.: 910,33189,
Texas Coordinate System of 1983 (2011), Texas North Central Zone;
TH]SNCE N. 01° 57 36" E., along the (proposed) east right-of-way line of Yuma Avenue, a
distance of 609.00 feet to a paint of intersection for the most westerly northwest eonw of this
tract;
THENCE N. 46" 53' 52" E, a distance of 21.24 fetal to a point of intersection in the (proposed)
MA right -of --way line of 264 Street for the most northerly northwest comer ofthis tract;
T DKE S. 88° 09' 52" E., along said (proposed) south right-of-way line of 2e Street, a
distance of 475.43 feet to a point of intersection for the most north wly northeaM corner of this
tract;
THENCE S. 43" HY 37" E. a distance of 21.22 feat to a point of intersection in the (proposed)
west right-of-way line of Wausau Avenue for the most eaaterty northeast comes of this tract;
THENCE S. 01 ° 48' 38" W., along said (proposed) weal right -or -way line of Wausau Avenue, a
distance of 117.71 fed to a point of curvature for a comes of this tract;
THENCE southeasterly, along said (proposed) vast right-of-way line of Wounu Avenue and a
curve to the left, an arc distance of 336.74 feet, said curve having a radius of 684.00 feet, a delta
of 2r 12'26", a chord distance of 333.35 feet and a chord hewing of S. 120 17'35" E., to a point
of tangency for a corner of this tract;
THENCE S. 26' 23' 48" E., continuing along said (purposed) westerly right-of-way line of
Wausau Avenue, a distance of 129.04 feet to a point of intersection for tha most easterly
southeast corner of this tract;
THENCE S. 73" 54' 22' W., along the (proposed) northerly right-of-way lime of an alley, a
distance of 155.35 feet to a point of intersection for a corner of this tract;
THENCE S. 980 18' 26" W., continuing along said (proposed) nordwrly right-of-way line of an
alley, a distannce of 105.79 feat to a point of intersection for a corner of this tract;
THENCE N. 88° (W 52' W., a distance of 395.86 feat to the Point of Beginning. Bearings and
coordinates are bared on the Texas Coordinate System of 1983 (2011), Texas North Central
Zone. The Convergence angle to True North bearings is -0V 54' 07". Distances meat surface, in
U.S. Survey feet.
This description was prepared for purposes of a zoning request and does not represent a survey
made upon the ground. This description is compiled from information obtained m deeds and
previous surveys trade within said Section 42 and eucompasting this but