HomeMy WebLinkAboutOrdinance - 9893-1996 - Zone Case 1996-G Change A-1 To R-1 And R-1 Specific Garden Homes - 04/18/1996First Reading
April 18, 1996
Item #19
Second Reading
May 9, 1996
Item #26
ORDINANCE NO. ___...9 ..... 89.....,3 __ _
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 1996-G; A ZONING CHANGE FROM A-1 TO R-1 AND R-1 SPECIFIC
USE ZONING FOR GARDEN HOMES ON TWO TRACTS OUT OF SECTION 27, BLOCK
E-2, AND ON LOTS 15-26, 35-46, AND 55-60, REMINGTON PARK ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; 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 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, 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 on 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, 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. 1996-G
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as
• follows:
'I
A change of zoning under the provisions of Section 29-24(c)(2) of the Code of
Ordinances of the City of Lubbock from A-1 to R-1 and R-1 Specific Use for
garden homes on two tracts out of Section 27, Block E-2 and on Lots 15-26,
35-46, and 55-60, Remington Park Addition, City of Lubbock, Lubbock County,
Texas, located South of 66th Street between Brentwood and Bangor, South of
66th Street and East of Bangor, and 68th Street to 69th Street between Bangor and
Albany, and being further described as follows:
TRACT I
METES AND BOUNDS DESCRIPTION of a 12.40 acre tract located in Section
27, Block E-2, Lubbock County, Texas, being further described as follows:
BEGINNING at a point for the Southernmost corner of this tract which bears N.
89°54' W., a distance of 1320.67 feet, and S. 00°01'30" W., a distance of 1040.52
feet from the Northeast corner of Section 27, Block E-2;
THENCE N. 32°0812911 W., a distance of 10.67 feet to a point for a corner of this
tract;
THENCE N. 89°54' W., a distance of 815.16 feet to a point for the Southwest
corner of this tract;
THENCE N. 00°06' E., a distance of 659.00 feet to a point for the Northwest
corner of this tract;
THENCE S. 44°54' E., a distance of 14.14 feet to a point for a corner of this tract;
THENCE S. 89°54' E., a distance of 751.92 feet to a point for a corner of this
tract;
THENCE N. 35°43'03" E., a distance of 11.65 feet to a point for the Northeast
comer of this tract;
THENCE Southeasterly around a curve to the right, said curve having a radius of
477.30 feet, a central angle of 11 °16'36", tangent lengths of 47.12 feet, and a
chord distance of 93. 79 feet to a point of tangency;
THENCE S. 07°59'19" E., a distance of219.18 feet to a point of curvature;
THENCE Southeasterly around a curve to the left, said curve having a radius of
541.30 feet, a central angle of 25°51 '52", tangent lengths of 124.29 feet, and a
chord distance of 242.28 feet to a point of reverse curvature;
THENCE Southwesterly around a curve to the right, said curve having a radius of
15.00 feet, a central angle of 83°05'5211, tangent lengths of 13.29 feet, and a chord
distance of 19 .90 feet to a point of reverse curvature;
THENCE Southwesterly around a curve to the left, said curve having a radius of
334.70 feet, a central angle of 24°29', tangent lengths of 72.62 feet, and a chord
distance of 141.94 feet to the POINT OF BEGINNING.
ZONECASENO. 1996-G
-PAGE 2-·
TRACT2
METES AND BOUNDS DESCRIPTION of a 0.95 acre tract located in Section
27, Block E-2, Lubbock County, Texas, being further described as follows:
BEGINNING at a point for the Northernmost Northwest comer of this tract which
bears S. 89°54' E., a distance of 3163.04 feet, and S. 00°06' W., a distance of
32.00 feet from the Northwest comer of Section 27, Block E-2;
THENCE Southeasterly around a curve to the right, said curve having a radius of
455.72 feet, a central angle of 11 °28'54", tangent lengths of 45.81 feet, and a
chord distance of 91.17 feet to a point for the Northernmost Northeast comer of
this tract;
THENCE S. 38°57'24" E., a distance of 15.53 feet to a point for the Easternmost
Northeast comer of this tract;
THENCE S. 00°06' W., a distance of 319.32 feet to a point for the Easternmost
Southeast comer of this tract;
THENCE S. 45°06' W., a distance of 14.14 feet to a point for the Southernmost
Southeast comer of this tract;
THENCE N. 89°54' W., a distance of 100.00 feet to a point for the Southernmost
Southwest comer of this tract;
THENCE N. 44°54' W., a distance of 14.14 feet to a point for the Westernmost
Southwest comer of this tract;
THENCE N. 00°06' E., a distance of321.00 feet to a point of curvature;
THENCE Northeasterly around a curve to the right, said curve having a radius of
15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord
distance of21.21 feet to the POINT OF BEGINNING.
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 A-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 on two
tracts out of Section 27, Block E-2 and Lots 15-26, 35-46, and 55-60, Remington Park Addition,
City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a
misdemeanor punishable by a fme 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.
I SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this 1 Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance I shall not be affected thereby.
ZONE CASE NO. 1996-G
•• PAGE3 •·
SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative niethod provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 18th day of_-...2A~pr,i,.,i1u1l,__ _ _,. 1996.
Passed by the City Council on second reading _:.:thi;;;;';;;.s -:::::~'---day of May , 1996.
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
,.,.__-:,r ~ c::::-¥c~--__ .. e.__
Linda L. Chamales, Assistant City Attorney
LLC:js/ZC1996-0.0RD
ccdocs/April 2, 1996
ZONE CASE NO. 1996-G
--PAGE 4 -·
Council Date: April 18, 1996 Item No.19
AFFIDAVIT
THESTATEOFTEXAS §
COUNTY OF LUBBOCK §
I, RANDY NEUGEBAUER, as a member of the City Council of Lubbock, Texas, make this affidavit and hereby
on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business
entity that would be peculiarly affected by a vote or decision of the City Council as those tenns are defmed in
Chapter 171, Local Government Code.
The business entity is Lv0tooc..k:_ ~ L.t:r-,,:.)A-JV':1 l ·lhie.:e-~ L..-1-tJ. ·
(Name) (Address) t have/has a substantial interest in this business entity for the
("I" or name of relative and relationship)
following reasons: (check all which are applicable).
V Ownership of 10% or more of the voting or shares of the business entity.
V Ownership of 10% or more or $5,000 or more of the fair market value of the business entity.
~ Funds received from the business entity excess 10% of b Jr. gross income for the
(my/h /his)
previous year.
_/&.;al property is involved and L has an equitable or legal ownership with.a fair
(I/he/she)
market value of at least $2,500.
A relative of mine has a substantial interest in the business entity or property that would be
affected by a decision of the public body of which I am a member.
Upon the filing of this affidavit with the City Secretary, I aft"JrJD that I will abstain from voting on any decision
involving this business entity and from any further participation on this matter whatsoever.
Signed this I 8th day of April 1996.
~~~ND~Y:!.lNE~Uast..·~...1.A~UE~R:5::::::::::::.z:.~:::::::::::::==::::::==-.......___
Mayor Pro Tern
BEFORE ME, the undersigned authority, this day personally appeared RANDY NEUGEBAUER and on oath
stated that the facts hereinabove stated are true to the best of his knowledge or belief.
Sworn to and subscnoed before me on this 18th day of April l 99~. , Jlj
~U( ~ N'otarylic'inanttthe
·-· .. -""ClA IEftV M. JO\-\NSON State of Texas
(IOtll"J pgb\it, State ol 'ltias My commission expires: 01/27/99
"§iell'I bpiW l)\-2tl-91J ., CGl!lffll
Council Date: May 9, 1996
THESTATEOFTEXAS §
COUNTY OF LUBBOCK §
Item No.26
AFFIDAVIT
I, RANDY NEUGEBAUER, as a member of the City Council of Lubbock. Texas, make this affidavit and hereby
on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business
entity that would be peculiarly affected by a vote or decision of the City Council as those tenns are defined in
Chapter 171, Local Government Code.
TbebusinessCJlti!YJs LV'-GOC..t. h~t\.11:) U>~"l 1-rhtee L+c,{_ .
-e1,.ct) ... C IVRt;lft)lc.,.e:, (Name) (Address)
45U, ie,.. I 0~ L.v~ 1 trJ.. have/has a substantial interest in this business entity for the
("P' or name of relative and relationship)
following reasons: (check all which are applicable).
__::::::-Ownership of 10% or more of the voting or shares of the business entity.
~ Ownership of 10% or more or $5,000 or more of the fair market value of the business entity.
_~unds received from the business entity excess 10%, of b "( gross income for the
(my/her/his)
previous year.
~Real property is involved and h has an equitable or legal ownership with a fair
(I/he/she)
market value of at least $2,500.
A relative of mine has a substantial interest in the business entity or property that would be
affected by a decision of the public body of which I am a member.
Upon the filing of this affidavit with the City Secretary, I affrrm that I will abstain from voting on any decision
involving this business entity and from any further participation on this matter whatsoever.
Signed this 9th day of May 1996.
~~
Mayor Pro Tern
BEFORE ME, the undersigned authority, this day personally appeared RANDY NEUGEBAUER and on oath
stated that the facts hereinabove stated are true to the best of his knowledge or belief.
Sworn to and subscribed before me on this 9th day of May 1996.
ORDINANC1t:~:~ .. ;--~-l CHE-JOURNAL
An on11ric,';;c. om~dlri~ Zoning Or-tion Corporation
dlnonce No. 7084 ond the offlclal
mop of Ille City of Lubbock moklng
NOTARY PUBLIC in and r the State of Texas
My Commission Expires .................. ___ _
the fol-11111 cban;es: •Z-Cose 4 u No. 1585-Cf o mnlno chanr,e from / 1 /
~;~~·1:~2,:~c:,•:~.:8!~n: rn to before me this,----='---=----day of-s..::-=i-"",2,IClt:.:--r~----------J.19~~-#J.~-----
:nC:'s::,:n ~·~~~ct f!:~\.~i,! ! REC EI V ;,_ -.. bock, Tlllal/ IUblect to C"'1dlllons; I :,0,-✓..C,CO,-.C--~..,o-..,.....oe,~, providing o Penalh•1 providing o , - - --.,
11avln;s cl,.,"~ and providing for ••• 8
~bllcallon.----........ ·-· ·-: ., , PATTI TATE § MAY 15199ti
ORDINANC:I! NO, m, Notary Pul>hc. State of Texas §
AnordlnanceomendlnoZonlnvor-My Comm1s.•·~n Expires 6-30-96 8 CITY SEC:~i:1A)~y
dlnonce No. 708' and the Olflclol J LUBBOCK, r.::vAS mop of Ille Cltr of Lubbock mokln; ~-----_ ...,, 1119 followlnr, chonoe•: Zone Co1e ----~-,__--==.;:;.=.;.;,:,.:~~:!-.--No. 1717-A, o mriln11 chan;e from
C4 to c:-• Specific UH Zoning lor a radio fran1ml•slon foclllty on o ·
portion of Lot 10, Block .11; c.c.
Leftwich Addition, ,Lubbock, Tu-
os; providing o Hnalty: providing
cnavlnr,1 clauH and providing for PUbllcollon. ,,,• ... ' -. ,_, .. _ ,., ,_
la!.t.?11''iJ ~~~~:-., ~ti'' t . '•: :· ', .• , .. J
;;;;;:0A0111ii1Nce Ho.',n1 · -~ ,
An ~rdf~~;,;,;,~~d:,~,t~,~~ ~o~ ..
dlnonca .Ho. ;70U and fhe olflclol
map of tl!I City ill Lubbock moklno
the followlnr, changes: Zone Cose
No. 276111 Cl zoning change from C-3 lo C-3 Specific UM'ZOnl"IJ for. 0 ro-, lllo lronsmlsslonJaclllty•on.a par, tlon of Troct U•2·A·1, Grtenlown Addition, Lubbock, Texos: provld•
Ing o penalty I providing o 1avln;s
clause and. providing ,for pul:Jllco-
llon_, . •_•, i_· __ -4\ · i i_•._· . Ii, -~~ ,-~~i ;~ .$; -, '~•·< '.ff.··, :t
',',Ji;,ORDINi!,NCI! NO,_tffl '1-'
. f,f( ~-·-'•.•~', . ·~ • -1-01·' './· • ;•.: An ordinance cimendlng Zoning or;
dlnonct No:-1ou and the ofllclol map of the City or Lubbock making the followlnr, changes: Zone Cose -, No. 1615-HI ,a 10nlng Change from, C-3 Specific ,UH to C-1 Specific UH ionlng for 'o' _home ·lmprovenier\t. atore 'with 'enclosed 11orden center on o· troct'c,ut .rt-Section 28, ·Block -E-2; LutJl:Jcick, ·I exos; .1ublect to : conditions:. providing o penalty: · providing a savings clause and pra-
vldlng lar PUbllcatlon. ., -
; -.., -·· '-,
ORDiNANCE NO. fff9 ,' i '
An ordl~cmce ;;;,ending Zonln·~'Or•
dlnonce Na. 708~ and the olllclol mop of the City Of Luhl •OCk making
the followlnr, changes: Zone Cose
No. 1151-A; o zoning change fram
R-1 ta C-4 zoning an ·c.o11 '"• Del .Prado AddH1on, Lubbock,"·Texas; ·subl.-:• In candlllons; providing a penollf; providing o 1ovlng1
Clouse and providing for pu!•llr.a,
llon. , . ·0,·, •-
,R,3193: c••jtr/· ft.',;:,.~
An ordlna,;ce amending Zoning Or• ~=::::::::_..:::.::::=ic:~~::...---------
dlnance Na. 708• and the afflelal
maP of 1111 City of Lubboek maklllll the follawlno chclnges: zone Case 1-------------------
No. 2711-81 a mnlng change trom NCHE-JOURNAL
R•2 to AM Speclnc Use -Ing for a r
personal car• fadlllY, medlcal or tion Corporation general atnce an Lots 2118-211 Terra
Estates North, Lubbock, Tuas;
NOTA Y PUBLIC in and for the State of Texas
My Commission Expires .................. ___ _
sublect ta conditions; pravldlno a
penallYI providing a 1avlnu I 3 :s: ~~~™~I I•~ t1on •. · . · , · 1rn to before me this, ___ .__.-day of 1,&U,e 19_'1....._/p"'---_
SECTION'3. THAT vlala11on of any provisions of this Ordinance shall
. be deemed a mlldemeanol:'P!J,nlal'l-able bY a fine nal ta exceed"'Twa Thauiand and Na/100 Dallart
112,o:,o.ooJ as provided In Sadlon
29-31 of the Zoning Ordinance of the
: ORDINANCE lio.m,,
Aa ordinance amending Zoning or-
dinance Na. 708• and the afflelal map al the City of Lubbock making the followlng chclnge•: Zone case Na. 1717-A; a mnlng change tram
C4 lo c-, SPBCHIC Un Zoning for a radio lran1ml11lan foclllty an a _partlan of Lat 10, Block 11, c.c.
Leltwlch Addition, Lubbock. Ta.-
as; providing a penalty; providing
a 10Ylng1 dau1e. and providing for
PUbllcatlon.
City of Lubboek..
ORDINANCE N0,'895
An ordinance amending Zoning Or dlnance Na. 108• and th• olflela mcn> of the City of Lubboek makl the ro11ow1n11 chclnges: Zone Ca Na 1585•C • a mnlllll chon!IB fra SECTION 3. THAT vlolatlon of any
R-i. A-1, ,,:.2, and C-3 la R-1 Speclf praY11lans al thll Ordinance shall
IC u1e zoning for a 110lf cour1e on be deemed a misdemeanor PUnlah•
tract out af section 5, Black E• . able by a llne not .ta exceed Two and section u, Block A·K, Lub .Thau1and 9.1!.d Na/100 Dollar• back, Texas; 1ublect to conditions W,OJ0.001 as ·Pl'OYlded In Section providing a penally; providing c 29-31oftheZonlngOrdlnanceallhe
-,vlngs dau1e and providing lo City of Lubbock..· · · .. , . · ..
publlea11on. ' .'i°Y5'w-:i~r'i!ii'AI• f .
SECTl~N 3. THAT vlotatlon of an' ORDIN4NC:!i,"No;;19f.; provlalonl of this Ordinance Iha' .;;i3 ... ~'-'"t ,A..,;·.;~ ~~.•j • · •
be deemed a misdemeanor punlsl An ordinance amending Zoning Or-
able bY a nne nal to exceed Tw dlnance Na. ·708• and the offlclal
Thousand and Na/100 Dollar mapoflheCltyofLubbockmoklng
(S2.000.00I as provided In Sectlo the followlng changes: Zone Cole
29.31 al the Zoning Ordinance al It Na. 27611; a 1anlng chclnge from C-3
City of Lubboek. . . • to C-3 Specific U•e Zoning for a ra-. · dla transmission foci Illy on a por-
tlCl'I al Troct U•2•A·1• G'"nlawn Addition, Lubbock. Texas; Pl'OYld•
Ing a penalty; providing a 1C1Yln111
dause !Ind .Providing !or PUbllca-tlan. · · ·· · · ".
SECTION 1 THAT
0
vlolallCl'I of any
. praY11lana of this Ordinance lhall
be deemed a misdemeanor punish• dble by o llne not ta exceed Two Thousand and Na/100 Dollars (12,0JO.OO) as provided In Sadlon
29-31 of the Zoning Ordlnanceaflhe
· City of Lubbock.·.,., ..• : ..• , , ,., . ; . ·, .. • .. ''
,ORDINANCE,NO.'ffll''l,7
· ~;·~ ,1;··~~~-•~ .. ~~~n,1~: An ordinance amending ;toning Or-dinance No. '7084 and fhe offlelal map of the City of Lubbocll; making
the followlng challll81: Zone Cale .. ·· .. ,,... .•·•it.:.,~:..;.. I
/ No. ldU•H1 a lllnlng Ch
C-3 Specific Use to C..f s:.~r1c"°u m zoning for a h I le ' store With enc::'' . mprovement
, an a tract out al ~~:'821" !=•nler · E-2, Lubbock T •. Block · conditions, p;o,,~~0•1 IUIUect to Pravldlng GICIYlnllS ;:.a Penally;
Viding lo~ PUbllcallan. ~'!?d pro,
UCTION 3. THAT j ··if:/ Pravlslons of fhla Ordlolaf,ar al. any be deernec1 nonce lhall able by a misdemeanor PUnl1h-
Thausa ~lne "°' 111 •llCftd Two (12 000 001 11nd No/JOO Dollar• 2'-31 of. GI Pl'OYldld In Section
City of_ ~~~n; Ordinance Ol lhe
~.,coo-...0--.0-....or.o=,-~4
.~, .'' PATTI TATE R
Notary Puuhc. State of Texas §
M1 CommlS."·!Jn Expires 6-30-96 ~
~~
ORDINANCE'NO,~
An ordinance amending Zonln11. Or• dlnance Na. 708• and the·offlelal maP al the City ol Lubbock making ,the folloWlno chclnges: Zone Case
Na. 2151-A: a mnln11 change trom R-1 to C4 mnlng an Loll 1-', Del Prado Addition, Lubbock, Texas; sublect to conditions; providing a
·---·· -· .. ··• ···--·--•• ..... _ · -··-----·penalty; providing o savings clause and providing !or publlca•
!Ion.
SECTION 2. THAT vlotatloii' of any
provisions al this Ordinance lhall be deemed a misdemeanor PUnlsh•
'able by a fine nal to exceed Two
Thou1and and Na/100 Dallon
(12,0J0.00) as provided In Section
29-31 al the Zoning Ordinance at the
City of Lubbock.
R-3206 ~ ~· ....