HomeMy WebLinkAboutOrdinance - 10233-1999 - Zone Case 2867 Zoning Case R-1/T To R-1 Specific Use Portion Of Land Out Sec 19 - 12/09/1999First: Reading
Dec. 9,. 1999
It:em. No. 40
II
Second Reading
Dec. 16,. 1999
It:em No. 19
ORDINANCE NO. 10233 ------
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND Tiffi
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2867; A ZONING CHANGE FROM R-llf TO R-1
SPECIFIC USE ZONING R-2 SPECIFIC USE ZONING ON A PORTION OF
LAND OUT OF SECTION 19, BLOCK E-2, 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:
ZOI'\TE CASE NO. 2867
SECTION I. 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-1ff to R-1 Specific
Use and R-2 Specific Use on a portion of land out of Section 19, Block
E-2 City of Lubbock, Lubbock County, Texas, located south of 98th
Street and east of Gary. Subject to conditions and being further
described as follows:
Tract A: R-1ff to R-1 Specific Use
METES AND BOUNDS DESCRIPTION OF A 10.08 acre tract of land
located in Section 19, Block E-2, Lubbock County, Texas, being further
described as follows:
BEGINNING at a point in the East line of Section 19, Block E-2, which bears
S. 00°03'03" W. an approximate distance of 655.9 feet from the Northeast
Corner of Section 19, Block E-2, Lubbock County, Texas;
THENCE S. 00°03'03" W., along the East line of Section 19, an approximate
distance of 875.0 feet;
THENCE S. 89°59'40" W. an approximate distance of552.9 feet to a point of
intersection;
THENCE Northeasterly around curve to the right, said curve having an
approximate radius of 399.1 feet and an approximate chord distance of 101.4
feet to a point of reverse curvature;
THENCE Northeasterly around curve to the left, said curve having an
approximate radius of 510.1 feet and an approximate chord distance of 430.9
feet to a point of tangency;
THENCE N.19°58'50" W. an approximate distance of374.7 feet;
THENCE N. 89°59'40" E. an approximate distance of 604.9 feet to the Point
of Beginning;
Tract B: R-1ff to R-2 Specific Use
METES AND BOUNDS DESCRIPTION OF A 4.41 acre tract of land
located in Section 19, Block E-2, Lubbock County, Texas, being further
described as follows:
BEGINNING at a point in the East line of Section 19, Block E-2, which bears
S. 00°03'03" W. an approximate distance of 363.9 feet from the Northeast
Corner of Section 19, Block E-2, Lubbock County, Texas;
THENCE S. 00°03'03" W., along the East line of Section 19, an approximate
distance of 292.0 feet;
THENCE S. 89°59'40" W. an approximate distance of604.9 feet;
THENCE N. 19°58'50" W. an approximate distance of310.7 feet;
THENCE N. 89°59'40" E. an approximate distance of 711.4 feet to the Point
of Beginning.
SUBJECT TO CONDITIONS:
1. Tract A shall be zoned R-1 Specific Use under Section 29-24 (c)(24).
a. Setback for cui de sac lots on Tract A shall be a minimum of
five feet, except that front facing garage portions of structures
shall not have less than twenty feet of setback.
2. Tract B shall be zoned R-2 Specific Use under Section 29-24 (c)(24).
a. Front. setback for Tract B may be a minimum of twenty feet if
the garage of the structure is accessed from the alley.
b. When alley access is used in Tract B, setback for cui de sac lots
shall be a minimum of ten feet.
Zone Case No. 2867
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c. Setback for all non-cui de sac lots in Tract B shall be twenty
five feet if garage access is from the street.
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-lff 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)(2) and Section 29-
24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described as a portion
ofland out of Section 19, Block E-2, City ofLubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provisions ofthis Ordinance shall be deemed a
misdemeanor punishable by a fine not to exceed Two Thousand and Noll 00 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 Qn first reading this 9th day of December
Passed by the City Council on second reading this 16th day of December
'1999.
' 1999.
Cit' ~ WIND~, MAYOR
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Zone Case No. 2867
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APPROVED AS TO FORM:
~~~·~ ... ~
Linda L. Chamales, Supervising Attorney,
Office Practice Section
LLC:cp/ZC2867.0RD
Ccdocs/1 1129/99
Zone Case No. 2867
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