HomeMy WebLinkAboutOrdinance - 2001-O0105 - Zone Case 2437-E Change From A-2 To C-2 And C-3 - 12/03/2001First Reading
December 3, 2001
Item No. 50
ORDINANCE NO. 2001-00104
Second Reading
January 10, 2002
Item No. 33
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2437-E; A ZONING CHANGE FROM A-2 TO C-2
AND C-3 SPECIFIC USE ZONING ON AN UNPLATTED 3.75 ACRE TRACT OF
LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENAL TY; PROVIDING A SA VIN GS CLAUSE AND PROVIDING FOR
PUBLICATION.
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 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, 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 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 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. 2437-E
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from A-2 to C-2 and C-3 Specific Use zoning
district on an unplatted 3. 75 acre tract of land out of Section 29, Block AK,
City of Lubbock, Lubbock County, Texas, located West of Homestead Avenue
and North of 82nd Street. Subject to the following conditions and being further
described as follows:
Metes and bounds description for zone change request only of an
approximate 2.11 acre tract of land located in Section 29, Block AK,
Lubbock County, Texas being further described as follows:
Beginning at a point that bears S.89°55'20"E., 704.18 feet and N.00°01'43"E.,
55.00 feet from the Southwest corner of the Southeast Quarter of Section 29,
Block AK, Lubbock County, Texas, same point being in the North right-of-
way line of 82nd Street;
THENCE N.00°01'43"E., an approximate distance of 224.35 feet to a point in
the South right-of-way line of 81 st Street;
THENCE N.89°58' 17"W ., along the south right-of-way of said 81 st Street, an
approximate distance of 103.06 to a point of curvature;
THENCE Northeasterly, around a curve to the left and along the South
right-of-way line of said 81'1 Street, said curve having a radius of 1060.15
feet, a central angle of 6°18'20", tangent lengths of 58.40 feet, an approximate
chord distance of 116.61 feet to a point of reverse curvature;
THENCE Northeasterly, around a curve to the right and along the South
right-of-way line of said 81 st Street, said curve having a radius of 940.00 feet,
a central angle of 11 °01 '08", tangent lengths of 90.67 feet, an approximate
chord distance of 180.50 feet to a point that is the Northwest lot corner of
Tract A, Saint Andrew Addition to the City of Lubbock, Lubbock County,
Texas;
THENCE S.00°01'43"W., along the West lot line of said Tract A, at 116.81
feet pass the Southwest lot corner of said Tract A, continuing for a total
approximate distance of288.61 feet to a point in the North right-of-way line
of 82nd Street;
THENCE N.89°55'20"W., along the North right-of-way line of said 82nd
Street, an approximate distance of 400.00 feet to the place of Beginning;
Zone Case No. 2437-E
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SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the east 125 feet shall be zoned C-3 Specific Use.
2. That the balance of the tract shall be zoned C-2 Specific Use.
3. That there be a minimum twenty-five foot setback from 81 st Street.
4. That the east 100 feet of the screening fence on srt Street shall not be
required, allowing one curb cut to 81 st Street.
5. That a twenty-foot public access easement shall be dedicated on the
north line of all the lots from the east boundary of this case to the
bend in 81 st Street in the vicinity of Huron.
6. That no additional curb cut shall be allowed to 81 st Street except
within the west 150 feet of the north line of the lots, in the vicinity of
Huron.
7. That each development lot shall be allowed one curb cut to 82°d Street,
in addition to one shared drive between pairs of development lots.
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 A-2 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 of Codified Zoning
Ordinance No. 7084 on the property described as an unplatted 3. 75 acre tract of land
out of Section 29, Block AK, 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 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.
Zone Case No. 2437-E
page-3 of 4
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 3rd day of Decemer, 200!.
Passed by the City Council on second reading this 10th day of January 2002. g]?-u:·
WIND~, MAYOR
ATTEST:
sQ-R.le<C.<'. .a ~,, t
Rebecca Garza, City Secretary ~
APPROVED AS TO FORM:
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Linda L. Chamales, Supervising Attorney
Office Practice
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ccdocs/02/tl7l02
Zone Case No. 2437-E
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