HomeMy WebLinkAboutOrdinance - 9938-1996 - Zone Case 2780 Zoning Change R-1 To R-1 Specific Use 20 Ft Setback - 08/22/1996First Reading
August 22, 1996
Item l/32
Second Reading
September 10, 1996
Item 1/40
ORDINANCE NO. 9938
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2780; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING
TO ALLOW A 20 FOOT FRONT SETBACK ON A TRACT OUT OF SECTION 16, BLOCK
E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
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. 2780
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 to allow a 20
foot front setback on a tract out of Section 16, Block E-2, City of Lubbock,
Lubbock County, Texas, located South of 98th Street between Utica and
Vicksburg, subject to conditions and being inore particularly described as follows:
METES AND BOUNDS DESCRIPTION of a 17.501 acre tract located in the
Northwest Quarter of Section 16, Block E-2, Lubbock County, Texas, being
further described as follows:
BEGINNING at a 1/2" iron rod found with cap in the South right-of-way line of
98th Street, which bears S. 00°05'19" E. a distance of 55.00 feet from the
Northeast comer of the Northwest Quarter of Section 16, Block E-2, Lubbock,
Lubbock County, Texas;
THENCE S. 00°05' 19" E., along the East line of the Northwest Quarter of Section
16, a distance of 605.00 feet to a 1/211 rod set with cap for the Southeast comer of
this tract;
THENCE N. 89°59'17" W., a distance of 1260.00 feet to a l/211 rod set with cap
for the Southwest comer of this tract;
THENCE N. 00°05'19" W., a distance of 595.00 feet to a 1/2" rod set with cap for
a comer of this tract;
THENCE N. 45°0211811 W., a distance of 14.15 feet to a 1/2" rod set with cap in
the South right-of-way line of98th Street for the Northwest comer of this tract;
THENCE S. 89°59'17" E., along said South right-of-way line, a distance of
1270.00 feet to the POINT OF BEGINNING. .
SUBJECT TO THE FOLLOWING CONDITION:
a. That the front setback may be a minimum of 20 feet.
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)(24) of Codified Zoning Ordinance No. 7084 on the property described as a tract
out of Section 16, Block E-2, 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.
ZONE CASE NO. 2780
--PAGE 2-
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 22nd
Passed by the City Council on second reading this 10th
ATTEST:
W1r:~ I'IoWWillard, Interim City Seer tary
APPROVED AS TO FORM:
_ _,-~c c:==k c?/4:____e:_.
Linda L. Chamales, Supervising Attorney,
Office Practice Section
LLC:js/'ZC-2780.ORD
ccdocs/July 31, 1996
WNE CASE NO. 2780
--PAGE3-
day of August •
day of September
, 1996.
, 1996.
Council Date: August 22, 1996
THESTATEOFTEXAS §
COUNTY OF LUBBOCK §
Item No. 32
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 terms are defined in
Chapter 171, Local Government Code.
The business entity is LueetlC..IC... l.,.l'YND Cori,:>A-1\Jl' ~ £.....,-d..., I -t-" (Name) (Address)
___ _.j...-.c;;;;,_.. _________ 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).
~ Ownership of 10% or more of the voting or shares of the business entity.
__ 1,...,/'"0wnership of 10% or more or $5,000 or more of the fair market value of the business entity.
_ 1...--:fl\mds received from the business entity excess 10% of ____ gross income for the
(my /her/his)
previous year.
~~-~roperty is involved and J: 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 affirm that I wilJ abstain from voting on any decision
involving this business entity and from any further participation on this matter whatsoever.
Signed this 22nd day of August 1996.
..Lb~::...Y.:._NE_U_G...{...lA_~.:.......:::,R-=-=--~:...__.=~:..::::::=:=------
City Councilmember District 5
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 22nd day of August 1996.
,..-4:. Oou>MCR. ::m , 6s,o 1 Ctf
Notary Public in and for the
State of Texas
My commission expires: .!5,.. ;;>8 -clcr:x:9
Council Date: September 10, 1996
THESTATEOFTEXAS §
COUNTY OF LUBBOCK §
Item No. 40
· 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 terms are defmed in
Chapter 171, Local Government Code.
Thebusinessentityis Lu&~oqc. kArvO Wh~ .
(Name) (Address) b have/has a substantial interest in this business entity for the
("f' 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.
~ Ownership of 10% or more or $5,000 or more of the fair market value of the business entity.
__ VFunds received from the business entity excess 10% of fl "1 gross income for the
(my!h\r/his)
previous year.
__ '-1.leal property is involved and T, 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 affirm that I will abstain from voting on any decision
involving this business entity and from any further participation on this matter whatsoever.
Signed this 10th day of September 1996.
~~
City Councilmember District 5
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 10th day of September 1996.
Fl.OR£N<E II, SEARCY
tfot.aty Puf>IJC, State Of Texas
My Qomnussion £lp1res OS 28-2000
~Oo,0 rocc --r() !J. ao '?t/ Notary Public in and for the
State of Texas
My commission expires: ,5-cg8 -~
I
!
cf i~:: RH<I CIII¢ ADodaJU Hor
. Luf>IIOCk Land c:r::rl.~~~
, lnll c;hgnge trom tit foci! 1ront 1e1• · .use (to onow O t of Section 16, . back) on a lrad ou .._._. be llloek E•2 (aou1h of 98111 5.,...,, . ~ Utlc;a and VICksbur,l.
: IQNE CASE NO, 2•n•CI 11.eave,:1 . of ·cum .erandaw Architects ar HolldaV Reilremen, CorpOrotlcr~ tor o ionln11 chanllfl tram C·3 to • ', llmlted to a ret1ternent communltv . tract out ol Tract A, f\l'IOnterev
'j r,:ter Addition {north of 5411i
; street and east of Gc11"(). • ,,
~···
NOT ARY PUBLIC in and for the State of Texas
My Commission Expires .................. ___ _
PATTI TATE Notary Public, Stale ot Texas
My Commission Expires
7-05-2QOO
NOT RY PUBLIC in and for the State of Texas
My Commission Expires .................. ___ _
PATTI TATE Nolary Public, State of Texas
My Commission Expires
7-05-2000
-~~
AN Q .
,tNGZQ
(70tM AN
"OF THI. U Y OF I; : MAKIN'G THIS F
CHAN~ZONEC A ZONlilQ. OfAN
TO R•l SPECIPIO TOA SETB ·SECT
BOCK
CON
PENA
INGS
FOR
SECTION 3. THAfvJolollon of
ony provisions of lhls Ordinance
··shall bE-deemed o misdemeanor
, Punishable by o fine not to ex<;ead
· Two Thausood and NO' 100 Dollars
($2,000.00J as provided .In Sectron
· 29-31 af the z.orilng Ordinance of the
Cllv of Lubbock.
I! ORDINANCE NO. tQ9
li'
' · AN ORDINANCE AMEND• , ING ZONING ORDINANCE NO.
'l}084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
~MA'KING THE FOLLOWING
!CHANGES; ZONE CASE NO. 2658-
JC; A ZONING CHANGE FROM C•3 i~~-r"o2Fz~R1i~~GA?~~~::iJ
rCENTER ADDITION, LUBBOCK, ('TEXAS; SUBJECT TO CONDI,
,TIONS; PROVIDING A PENAL· ITY; PROVIDING A SAVINGS i<:LAUSE ANO PROVIDING FOR iPUBLICATION,
j· SECTION 2. THAT vlolotl011 of :.any provlslons of this Ordlnonca
l!t;-~:~~b:b;'~J~e ':!~0t~~:= :1 Two Tllousaml and NO' 100 Dollars
I ($2,000.00) os Pl'C¥1ded In hdlon
1211-31 of th& Zan Ing Ordlnanceof IM f CIIY of Lubbock.
tR-3403 , . . =====-----