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Home My WebLink AboutOrdinance - 9982-1997 - Zone Case 2790 Zoning Change R-1 To R-1 Specific Use Garden Homes - 03/27/1997I First Reading · Item #27 March 27, 1997 Second Reading Item //13 April 10, 1997 ORDINANCE NO ..... 9 ...... 98.,..2 __ _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2790; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A POTION OF LAND OUT OF SECTION 9, BLOCK J-S, LUBBOCK, TEXAS; PROVIDING A PENAL TY; PROVIDING A SA VINOS 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 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 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. 2790 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 )(2) of the Code of Ordinances of the City of Lubbock from R-1 to R-1 Specific use zoning district for garden homes, on a portion of land out of Section 9, Block J-S, City of Lubbock, Lubbock County, Texas, located West of Fulton Avenue and South of 4th Street and further described as follows: TRACT ONE BEGINNING at a 1/2" rod with cap marked RPLS #4460 at the Southeast comer of this tract and the Northeast comer of a 5.32 acre tract, from whence a found railroad spike at the Northeast comer of Tract 4, Isham Tubbs Estates bears North 0°02'36" East, 1650.15; THENCE South 89°59'52" West, along the North line of the 5.32 acre tract, 536.02 feet to a found 1/2" rod; THENCE North 44°59' West, along a Northeasterly line of the 5.32 acre tract, 467 .64 feet to a found cotton spindle in the center of 9th Street; THENCE North 45°01' East, 28.00 feet to a set 1/2" rod; THENCE Northerly, around a curve to the right through a central angle of 90°, an arc distance of 23.56 feet, a chord bearing of North 00°01' East, a chord distance of 21.21 feet to a found 1 /2" square pipe at a point of tangency in the Southeast line of Iola Drive; THENCE North 45°01' East, along the Southeast line of Iola Drive, 210.00 feet to a point of curvature; THENCE around a curve to the right through a central angle of 90°, an arc distance of 23.56, on a chord bearing of South 89°59' East, a chord distance of 21.21 to a set 1/2" rod with cap marked RPLS 4460; THENCE North 45°01' East, 56.00 to a found 1/2" rod; THENCE Northerly around a curve to the right through a central angle of 90°, an arc distance of 23.56 feet, on a chord bearing of North 00°01' East, a chord distance of21.21 to a set 1/2" rod with cap marked RPLS 4460; THENCE North 44°59' West, 56.00 feet to a point in Northwest line of Iola Avenue; THENCE S outh 45°01' West, 10.00 feet to a set 1/2" rod with cap; THENCE North 45°00'25" West, along the Northeast line of an alley and the Northeast line of the Plat Limits of Brookmeade Addition, 521.34 feet to a found 1/2" rod; THENCE North 00°00'10" East, along the East line of Brookmeade Addition, 178.07 to a found rod with yellow cap marked H R and Assoc at the Southwest comer of Tract A, Shadow Hills Baptist Addition; ZONE CASE NO. 2790 PAGE2 THENCE South 89°59150" East, with the South line of Tract A, at 313.03 feet pass a found rod with cap at the Southeast comer of said Tract A, in all 1053.63 feet to point for the Northwest comer of this tract, whence a found 1/2" rod bears 0.3 feet North and 0.1 feet East; THENCE South 00°0213611 West 268.00 feet to a point for a comer of this tract; THENCE South 89°59'4011 West, at 29.8 feet pass a set 1/211 rod with cap, in all 386.84 to a set 1/2" rod with cap; THENCE South 00°00'40" West, 260.00 to a found 1/211 square pipe; THENCE North 89°59'40" East, at 357 feet pass a found 1/2" square pipe, in all 386.7 feet to a point in the East line of this tract; THENCE South 00°02'36" West, 632. 15 feet to the PLACE of BEGINNING and containing 19.513 acres including any Right of Way and being further described as follows: TRACTTWO BEGINNING at a l/2n rod with orange cap set for the Northeast comer of this tract whence a found railroad spike, the Northeast comer of Tract 4, Isham Tubbs Estate bears North 0°02'36" East, 1650.15 feet, a found 1/2" rod bears Northerly 0.5 feet; THENCE South 0°02'3611 West, 318.28 feet to a 1/2" rod set for the Southeast comer of this tract; THENCE South 89°59'5211 West, 445.73 feet to a set cotton spindle in the center of 10th Drive; THENCE North 28 feet to a 1/211 rod set; THENCE West 15 feet to a found 1/2" square pipe; THENCE North 140.94 feet to a found 1/2" square pipe; THENCE West 120.90 feet to a found 1/2" square pipe; ZONE CASE NO. 2790 PAGE3 • THENCE North 44° 59' West, 555.85 feet to a found 1/2" square pipe; THENCE North 45°01' East, 95 feet to a point of curvature of a 15 feet radius curve to the right; THENCE Easterly around said curve having a central angle of 90° a chord distance of 21.21 feet; THENCE North 45°01' East, 28 feet to a set 1/211 rod with orange cap; THENCE South 44°59' East, 467.64 feet (Deed 480.41 feet); THENCE North 89°59'52" East, 536.02 feet (Deed 521.74 feet), and including 5.32 acres including any Right of Way. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance to 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 )(2) of Codified Zoning Ordinance No. 7084 on the property described as a portion of land out of Section 9, Block J-S, (West of Fulton Avenue and South of 4th Street), 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 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. ZONE CASE NO. 2790 PAGE4 AND IT IS SO ORDERED. Passed by the City Council on first reading this Passed by the City Council on second reading this CONTENT: APPROVED AS TO FORM: _ .. ~ c:::f-< c1~ .,. _ __e..___ Linda L. Chamales, Supervising Attorney, Office Practice Section dk/ccdocs/ZC2790.0RD March 12, 1997 27tb day of March 10th day of April ZONE CASE NO. 2790 PAGES , 1997. , 1997. THE STATE OF TEXAS COUNTYO C Morris Communication Corporation ~i.lDL::.J).Ll~iL-at Lubbock County, Texas and the attached print- ..._~-... of the original and was printed in the Lubbock NOTARY PUBLIC in and for the State of Texas My Commission Ex~ires .• , ............... __ _ Subscribed and sworn to before me this __ J_i---'-/--'-'d,ay of Ma.rd--.· FORMSS-10 PATTI TAT!: Notary Pubfie, State ol Texas My Conrnisslon Expirls 7-os,.m) -----------------··-·-····--·--·--- ., THE STATE OF TEXAS COUNTY .B RECEIVED MAYO 8 1997 CITY SECRETARY LUBBOCK, TEXAS Ll,ill~-U-Ju...1J11-----0t Lubbock County, Texas and the attached print- ..l!~JIA.U~Lq1.CJ;,. _______ ~ of the original and was printed in the Lubbock Morris Communication Corporation FORM58-10 N ARY PUBLIC in and for the State of Texas My Commission Expires .................. __ _ PATTI TATE Notary Pubtic, State of Texas My Commission Expires 7-05-2000 ed copy of the MAYO 8 1997 CITY SECf-lEfAfW LUBBOCK, TEXAS ...-.ua.._x.:1a11....,,.. _ _..t Lubbock County, Texas and the attached print- the original and was printed in the Lubbock Avalanche-Journ.,: -,--_.....14.g_fti!~IIUUL::..-,H~~._ ________________ _ LU M NOTARY PUBLIC in and for the State of Texas My Commission Expires .................. __ _ 11 /scribed and sworn to before me lhi . .,_s ___ '7 ___ day 0£ Mo;.. y F0RM'8-IO 19 '/7