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Home My WebLink AboutOrdinance - 9588-1993 - Zone Case 2695. Zoning Change From R-1 To R-1 Specific Use Garden Homes. - 02/11/1993First Reading February 11, 1993 Item 1121 Second Reading February 25, 1993 Item /123 ORDINANCE NO. 9588 _,;,..;;..;;..;.... __ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 ANO THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2696; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON TWO TRACTS AND FOR SINGLE-FAMILY DWELLINGS WITH A 20 FOOT FRONT SET BACK ON ONE TRACT OUT OF SECTION 8, 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 pro- posed 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 giv- ing 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 sup- port 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 here- inafter 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. 2696 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 to R-1 Specific Use, under provisions of Section 29-24(c)(2) and Section 29-24(c)(24) of the Code of Ordinances of the City of Lubbock for garden homes on two tracts, and for single-family dwellings with a 20 foot front setback on one tract out of Section 8, Block E-2, City of Lubbock, Lubbock County, Texas, located from 56th to 58th Streets between Peoria and Nashville Avenues, subject to conditions, and being further described as follows: TRACT 1 A zoning change from R-1 to R-1 Specific Use (for garden homes) on this western-most tract located East of Peoria Avenue from 56th to 58th Streets, and being further described as follows: METES AND BOUNDS DESCRIPTION of a tract of land located in Section 8, Block E-2, Lubbock, Lubbock County, Texas; BEGINNING at a point which bears N. 00°02 1 20 11 E. a distance of 45.00 feet and S. 89°57'40" E. a distance of 1,020.00 feet from the Southwest corner of the Northwest Quarter of Section 8, Block E-2, Lubbock, Lubbock County, Texas; THENCE N. 00°02 1 20 11 E. an approximate distance of 457.00 feet; THENCE s. 89°57 1 40" E. an approximate distance of 140.00 feet; THENCE S. 00°02 1 20" W. an approximate distance of 472.00 feet; THENCE N. 89°57 1 40" W. an approximate distance of 125.00 feet to a point of curvature; THENCE Northwesterly 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 of 21.21 feet to the POINT OF BEGINNING. CONTAINS: approximately 1.5 acres TRACT 2 A zoning change from R-1 to R-1 Specific Use (for single-family dwellings with a 20 foot front setback) on this tract located on both sides of the proposed Orlando and Norfolk Avenues from 56th to 58th Streets, and being further described as follows: METES AND BOUNDS DESCRIPTION of a tract of land located in Section 8, Block E-2, Lubbock, Lubbock County, Texas; BEGINNING at a point which bears N. 00°02 1 20 11 E. a distance of 30.00 feet and S. 89°57 1 40" E. a approximate distance of 1,160.00 feet from the Southwest corner of the Northwest Quarter of Section 8, Block E-2, Lubbock, Lubbock County, Texas; THENCE N. 00°02'20" E. an approximate distance of 472.00 feet; THENCE S. 89°57 1 40" E. an approximate distance of 70.00 feet to a point of curvature; ZONE CASE NO, 2696 --PAGE 2 -- THENCE Southeasterly around a curve to the right, said curve having an approximate radius of 345.00 feet, an approximate central angle of 22°, approximate tangent lengths of 67 .00 feet and an approximate chord distance of 132.00 feet to a point of reverse curvature; THENCE Southeasterly around a curve to the left, said curve having an approximate radius of 290.00 feet, an approximate central angle of 22°, approximate tangent lengths of 56.00 feet and an approximate chord distance of 111.00 feet; THENCE S. 89°57'40" E. an approximate distance of 345.00 feet; THENCE S. 00°02'20" W. an approximate distance of 427.00 feet; THENCE N. 89°57'40" W. an approximate distance of 650.00 feet to the POINT OF BEGINNING. CONTAINS: approximately 6.6 acres TRACT 3 A zoning change from R-1 to R-1 Specific Use {for garden homes} on this eastern-most tract located West of Nashville Avenue from 56th to 58th Streets, and being further described as follows: METES AND BOUNDS DESCRIPTION of a tract of land located in Section 8, Block E-2, Lubbock, Lubbock County, Texas; BEGINNING at a point which bears N. 00°02 1 20" E. a distance of 45.00 feet and S. 89°57'4011 E. a distance of 1,950.00 feet from the Southwest corner of the Northwest Quarter of Section 8, Block E-2, Lubbock, Lubbock County, Texas; THENCE Southeasterly 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 of 21.21 feet; THENCE N. 89°57'40 11 W. an approximate distance of 125.00 feet; THENCE N. 00°02 1 20" E. an approximate distance of 427.00 feet; THENCE S. 89°57 1 40" E. an approximate distance of 140.00 feet; THENCE S. 00°02 1 40" W. an approximate distance of 412.00 feet to the POINT OF BEGINNING. CONTAINS: approximately 1.4 acres ZONE CASE NO. 2696 --PAGE 3 -- SUBJECT TO THE FOLLOWING CONDITIONS: a. That Tracts 1 and 3 shall be subject to the following conditions: 1. That these tracts shall be limited to garden homes. 2. That the lots shall have a minimum 50 foot width. 3. That the minimum front setback shall be 20 feet except that the minimum front setback for a front-entry garage shall be 25 feet. 4. That the minimum side setback on 56th Street shall be 5 feet. 5. That the minimum rear setback for any rear-entry garage shall be 20 feet. b. That Tract 2 shall be subject to the following conditions: 1. That the minimum front setback shall be 20 foot except that the minimum front setback for a front-entry garage shall be 25 feet. 2. That the minimum rear setback for any rear-entry garage shall be 20 feet. 3. That all other requirements of the •R-1• District shall apply. 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) and Section 29-24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described as 3 tracts out of Section 8, Block E-2, City of Lubbock, Lubbock County, Texas. zmra CASE BO, 2696 --PAGE 4 -- 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 ~o/100 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordi- nance 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 publi- cation of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first read11.W'l--+1u 1993. Passed by City Council 1993. ATTEST: ~1. Abbe, Acting City Secretary APPROVED AS TO CONTENT: A. o.lla-m:· ~ Pl anni APPROVED AS TO FORM: ,_ ·,~~ ~ ~~~· Linda[. Chamales, Assistant City Attorney LLC:Js/ZC-2696.0RO DZ-Agenda/January 13, 1993 ZONE CASE NO. 2696 --PAGES -- February R-1545 ,• THE STATE OF TEXAS COUNTY OF LUBffl Before we Patt te " ~.NQta1l~ffliin.and for \:oubbock County, Texas on this day personally appeared II I .J • AUI:ll.l • Ma.Dage orthe Southwestern Newspa-pers Corporation, publishers of the Lubbock Avalanche-Joun1al -Morning, and Sunday, who being by me duly sworn did depose and say that said new~nr has been published continuously for more than fifty-two weeks pri-or to the first insertion of this _legal.~-·-· _,..,ce,.,.....,,.•·"'···,...· ,,.··--------------------____________ __.,o.108--4325 at Lubbock County, Texas and the attached print• ed copy or the legal Notice is a trul! co.J1Y_of the original and was printed in the Lubbock Avalanche-Journal on thefollowing dates: February ",&7, IW3 · _489 wa .55 = 268.95 ~ -~unt~ LUBBOCKAVALANCH&JOURNAL Southwestern Newspaper Corporation Subscribed and swo 2 1 ....:',~. u ~ ,r.y .. 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