HomeMy WebLinkAboutOrdinance - 2001-O0096 - Amending Zoning Ordinance 7084. Zone Case 1893-X Change R-1 To R-1 Specific Use - 12/03/2001First Reading
December 3, 2001
Item No. 42
Second Reading
December 13, 2001
Item No. 18
ORDINANCE NO. 2001-00096
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1893-X; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR A MINIMUM 20 FOOT FRONT SETBACK ON
AN UNPLATTED 15.68 ACRE TRACT OF LAND OUT OF SECTION 2, BLOCK
JS, 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 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, 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 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 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. 1893-X
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 R-1 to R-1 Specific Use
for a minimum 20 foot front setback on an unplatted 15.68 acre tract
of land out of Section 2, Block JS, City of Lubbock, Lubbock County,
Texas, located South of Erskine Street and West of North Hyden
Avenue. Subject to the following conditions and being further
described as follows:
Field notes on a 15.68 acre tract out of Section 2, Block JS, Lubbock County,
Texas, further described as follows:
BEGINNING at a found railroad spike in the North boundary line of Section
2, Block JS, the Northeast corner of this tract, from whence the Northeast
corner of Section 2, Block JS is called to bear N 89°56'20" E. 2814.81 feet;
THENCE S 0°03'40" E, 55.0 feet to a found rod with yellow cap in the South
Right-of-Way (ROW) of Erskine Street;
THENCE Southeasterly around a curve to the right, having a radius of 15.0
feet, through a central angle of 89°50'52", a chord distance of 21.19 feet, an
arc distance of23.52 feet to a found rod with yellow cap in the West ROW of
North Hyden Avenue;
THENCE S 0°12'40" E, along said ROW of North Hyden Avenue, 807.99 feet
to a set½" rod with orange cap marked RPLS 4460 in the South ROW of
Duke Street, and the North boundary line of a tract of land in Shadow Hills
Golf Course, recorded in Volume 4796, Page 215 Real Property Records of
Lubbock County, Texas;
THENCE Northwesterly along said North boundary line, around a curve to
the right, having a radius of 1028.7 feet, through a central angle of07°27'50",
a chord distance of 133.91 feet, an arc distance of 134.01 feet to a found rod
with yellow cap;
THENCE N 80°00'00" W, 50.0 feet to a found rod with yellow cap;
THENCE Southwesterly around a curve to the left, having a radius of 207.52
feet, through a central angle of 47°30'00", a chord distance of 167.16 feet, an
arc distance of 172.04 feet to a found rod with yellow cap;
THENCE S 52°30'00" W, 75.96 feet to a set½" rod with orange cap;
THENCE S 37°30'00" E, 15.0 feet to a set ½" rod with orange cap;
THENCE S 52°30'00" W, 64.0 feet to a set½" rod with orange cap;
THENCE N 37°30'00" W, 15.0 feet to a set½" rod with orange cap;
THENCE S 52°30'00" W, 26.0 feet to a found rod with yellow cap;
THENCE Southwesterly around a curve to the right, having a radius of
387.11 feet, through a central angle of 15°35'04", a chord distance of 104.97
feet, an arc distance of 105.29 feet to a set ½" rod with orange cap, for the
Southwest corner of this tract;
THENCE N 37°30'00" W, 298.03 feet to a set½" rod with orange cap;
THENCE North, pass a set½" rod with orange cap at 755.20 feet, in the said
South ROW of Erskine Street, in all 810.20 feet to a set ½" rod with orange
cap in said North boundary line of Section 2, Block JS;
THENCE N 89°56'20" E, along said North boundary line of Section 2, Block
JS, 730.95 feet to the PLACE OF BEGINNING and containing 15.68 acres of
land including any Right of Way.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. A minimum twenty-foot front setback shall be required.
2. For lots fronting or siding to North Hyden, the minimum air-conditionied
square footage of each home shall be 1,600.
Zone Case No. 1893-X
Page 2 of 3
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 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 R-1 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 29-24(c)(24) of Codified Zoning
Ordinance No. 7084 on the property described as an unplatted 15.68 acre tract of land
out of Section 2, Block JS, 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.
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 this 3rd day of December , 2001.
Passed by the City Council on second reading this 13th day of December , 2001.
ATTEST:
~~ Rebecca Garza, City Secretary
Linda L. Chamales, Supervising Attorney,
Office Practice Section
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Zone Case No. 1893-X
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