HomeMy WebLinkAboutOrdinance - 8115-1980 - Amending Zoning Ord #7084 And Lubbock Map Changes: Zone #2305 - 12/11/1980II ll SMT:pc
JZ.,../1"' l'fgo
12.,..1 'i""lfllto ORDINANCE NO • __ 8_1_1_5 __ _
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2305:
CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE; AUTHORIZING THE ISSUANCE OF A
SPECIFIC USE PERMIT THEREON; CHANGE A TRACT OF LAND OUT OF SECTION 22~ BLOCK
A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE;
AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; CHANGE A TRACT
OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
FROM A-1 TO AM SPECIFIC USE; SUBJECT TO CONDITIONS; AUTHORIZING THE ISSUANCE
OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN
SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDNG 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, morals, 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, as well as
giving notices in compliance with Section 26 of Ordinance No. 7084, as well as
notices provided by Article lOllf, Vernon's Annotated Civil Statutes, amended
in 1961, and notice was duly published in the Lubbock Morning 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 duly held in the City Council Room on the second
floor of the City Hall, 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 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. 2305
SECTION-1. THAT Ordinance No. 7084 and the Official Zoning Map Be and
the same are hereby amended as follows, to-wit:
Change a tract of land out of Section 22, Block A, City of Lubbock,
Lubbock County, Texas from R-1 to R-1 Specific Use zoning district.
This property is further described by metes and bounds as follows:
A tract located in Section 1, Block J-S, and in Section 22~ Block A~
Lubbock County, Texas, being shown as Lots 101 through 141, on the
preliminary plat of Whisperwood, an Addition to the City of Lubbock,
Lubbock County, Texas~ dated October 14~ 1980, being further described as
follows:
BEGINNING at a point which bears North 760.02 feet and East 32.00 feet
from the Southwest corner of Section 22, Block A;
THENCE North an approximate distance of 304.22 feet to a point of curva-
ture;
THENCE Northwesterly around a curve to the right, said curve having a
radius of 243.65 feet, for an approximate chord distance of 154.36 feet;
THENCE N. 36°56'10" W. an approximate distance of 128.24 feet;
THENCE N. 53°03'50" E. an approximate distance of 260.00 feet;
THENCE Sdutheasterly, around a curve to the left, said curve having a
radius of 228.98 feet, for an approximate chord distance of 85.00 feet;
THENCE Southeasterly, around a curve to the right, said curve having a
radius of 307.55 feet, for an approximate chord distance of 227.93 feet;
THENCE S. 37°30' W. an approximate distance of 387.02 feet;
THENCE S. 52°30' W. an approximate distance of 356.01 feet;
THENCE Westerly, around a curve to the left, said curve having a radius
of 206.21 feet, for an approximate chord distance of 132.57 feet;
THENCE West an approximate distance of 193.73 feet to the Point of
Beginning.
CONTAINS: 8+ acres.
SECTION 2. THAT the Director of Planning of the City of Lubbock is
authorized to issue a Specific Use Permit to the Applicant in said Zone Case
in accordance with the recommendations and conditions imposed by the Planning
and Zoning Commission, on file with the office of the Director of Planning and
the City Council which are hereby adopted and incorporated herein by reference
for all purposes, provided said applicant agrees to be bound by the terms of
the Specific Use Permit, the granting of which is hereby made subject to
compliance to all provisions of Zoning Ordinance No. 7084, an Ordinance of the
City of Lubbock, including particularly, but not limited to Section 22 of
Zoning Ordinance No. 7084, which provides that a Specific Use Permit and 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 auto-
matically revert back to the R~l .zoning district; and the Director of Planning
in such event is directed to remove from the Zoning Map the legend indicating
such limited use. The Specific Use authorized by this Ordinance is permitted
under provision of Section 22.3-1-7 of Zoning Ordinance No. 7084 on the
property respectively described in the preceding section.
SECTION 3. THAT Ordinance No. 7084 and the Official Zoning Map Be and
the same are hereby amended as follows, to-wit:
Change a tract of land out of Section 22, Block A, City of Lubbock,
Lubbock County, Texas from R-1 to R-1 Specific Use zoning district.
This property is further described by metes and bounds as follows:
A tract located in Section 22, Block A, Lubbock County, Texas, being
shown as Lots 260 through 283, on the preliminary plat of Whisperwood, an
Addition to the City of Lubbock, Lubbock County, Texas, being further
described as follows:
BEGINNING at a point which bears North 2215.00 feet and East 1841.9 feet
from the Southwest corner of Section 22, Block A, Lubbock County, Texas;
THENCE North an approximate distance of 590.00 feet;
THENCE N. 36°56'10" W. an approximate distance of 70.00 feet;
' ·'
THENCE S. 53°03'50" W. an approximate distance of 460.00 feet;
THENCE S. 36°56'10" E. an approximate distance of 95.00 feet;
THENCE East an approximate distance of 70.00 feet;
THENCE South an approximate distance of 300.00 feet;
THENCE East an approximate distance of 280.00 feet to the·Point of
Beginning.
CONTAINS: 6+ acres.
SECTION 4. THAT the Director of Planning of the City of Lubbock is
authorized to issue a Specific Use Permit to the Applicant in said Zone Case
in accordance with the recommendations and conditions imposed by the Planning
and Zoning Commission, on file with the office of the Director of Planning and
the City Council which are hereby adopted and incorporated herein by reference
for all purposes, provided said applicant agrees to be bound by the terms of
the Specific Use Permit, the granting of which is hereby made subject to
compliance to all provisions of Zoning Ordinance No. 7084, an Ordinance of the
City of Lubbock, including particularly, but not limited to Section 22 of
Zoning Ordinance No. 7084, which provides that a Specific Use Permit and 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 auto-
matically revert back to the R-1 zoning district; and the Director of Planning
in such event is directed to remove from the Zoning Map the legend indicating
such limited use. The Specific Use authorized by this Ordinance is permitted
under provision of Section 22.3-1-7 of Zoning Ordinance No. 7084 on the
property respectively described in the preceding section.
SECTION 5. THAT Ordinance No. 7084 and the Official Zoning Map Be and
the same are hereby amended as follows, to-wit:
Change a tract of land out of Section 22, Block A, City of Lubbock,
Lubbock County, Texas from A-1 to AM Specific Use zoning district.
This property is further described by metes and bounds as follows:
A 7.766 acre tract located in Section 22, Block A, Lubbock County, Texas,
being shown as Tract "D", on the preliminary plat of Whisperwood, an
Addition to the City of Lubbock, Lubbock County, Texas, dated October 14,
1980, being further described as follows:
BEGINNING at a point which bears North 60.00 feet and East 2287.9 feet
from the Southwest corner of Section 22, BlockA, Lubbock County, Texas;
THENCE West an approximate distance of 423 feet to a point of curvature;
THENCE Northwesterly, around a curve to the right, said curve having a
radius of 15 feet, for an approximate chord distance of 21.21 feet;
THENCE North an approximate distance of 800.00 feet to a point of curva-
ture;
THENCE Northeasterly, around a curve to the right, said curve having a
radius of 15 feet, for an approximate chord distance of 21.21 feet;
.. · .. .
THENCE East an approximate distance of 219.58 feet;
THENCE Southeasterly, around a curve to the left, said curve having a
radius of 50 feet, for an approximate distance of 45.00 feet;
THENCE East an approximate distance of 142.00 feet;
THENCE South an approximate distance of 800.00 feet to the Point of
Beginning.
CONTAINS: 8+ acres.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That it be limited to office use.
2. That issuance of a building permit is subject to Planning and
Zoning Commission approval of the site plan.
SECTION 6. THAT the Director of Planning of the City of Lubbock is
authorized to issue a Specific Use Permit to the Applicant in said Zone Case
in accordance with the recommendations and conditions imposed by the Planning
and Zoning Commission, on file with the office of the Director of Planning and
the City Council which are hereby adopted and incorporated herein by reference
for all purposes, provided said applicant agrees to be bound by the terms of
the Specific Use Permit, the granting of which is hereby made subject to
compliance to all provisions of Zoning Ordinance No. 7084, an Ordinance of the
City of Lubbock, including particularly, but not limited to Section 22 of
Zoning Ordinance No. 7084, which provides that a Specific Use Permit and 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 auto-
matically revert back to the A-1 zoning district; and the Director of Planning
in such event is directed to remove from the Zoning Map the legend indicating
such limited use. The Specific Use authorized by this Ordinance is permitted
under provision of Section 22.3-20-3 of Zoning Ordinance No. 7084 on the
property respectively described in the preceding section.
SECTION 7. THAT violation of any provisions of this Ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars
as provided in Section 1-5 of the City Code.
SECTION 8. THAT should any paragraph, sentence, claus~, 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 9. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
. • f . \ ~ . "· .. .
AND IT IS SO ORDERED.
Passed by the City Council on first reading
Passed by the City Council on second readin~~
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~271~ Susan M. Tom, Assistant City Attorney
11th day of December , 1980.
~~~ day of Peeember~ 1980.
The State of Texas
County of Lubbock
.. ~-\\-~ N. !\v"'trt~
Before me, QEiL~u 9rtiz, a Notary Public in and for Lubbock
County, Texas on this day personally appeared Bidal Aguero of
Amigo Publications, publishers of El Editor, weekly newspaper,
who being by me .duly sworn did depose and say that said news-
paper has been published continuously for more than fifty-two
weeks prior to the first insertion of this City-Ordinance No.
t8115 · at Lubbock County, Texas and the attached pr nted copy of the City Ordinance is a true copy of the origin-
al and was printed in El Editor on the following dates: December
19 and 24, 1980 ·
~ Amigo Publications ·
Subscribed and sworn to before me thi~day of ~ 1980
z
Nortary ublic
~~~·tv. A.e"'<-f.eJL.
Minutes of
7-9-81
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; none voting Nay.
(12a) At 8:30a.m., the City Secretary was requested to post a Notice for an
emergency item to be considered: "Consider the request of Jerry Bradshaw
for roll-over curbs on private streets in Whisperwood Addition (4th Street and
Slide Road)."
When announced by the Mayor that this item was next to be considered as an
emergency item, City Attorney John Ross indicated that pursuant to Article
6252-17, 3A, (h), "In case of emergency of urgent public necessity *** it
shall be sufficient if the notice is posted two hours before the meeting is
convened," the Notice was posted at 8:30a.m., which is one hour deficient of
meeting the requirements and it cannot be considered at all. Additionally,
as reflected in the Decembe~ 1980 Minutes and pursuant to Article 974A, the
Platting Committee within the Planning and Zoning Commission has full jurisdictio;
of private streets under the subdivision regulations as stated in the Code,
and Mr. Bradshaw's request affects a private street within the Whisperwood
Addition, and his request can only be considered by the Platting Committee
and the Planning and Zoning Commission. M~. Bradshaw indicated that he had
been before so many committees that he was totally confused as to who had
jurisdiction, and Mr. Bertram responded that he would explain it to him and
if necessary, see if the Chairman of the Planning and Zoning Commissinn __ would
call an emergency meeting to consider this request. City Manager Cunningham
apologized to Mr. Bradshaw for misleading them as to the two-hour requirement
for emegency items, it being his impression that the item could be considered
after two hours notice, but evidently as stated by City Attorney Ross, he
was in error.
(13) Consider .!. resolution authorizing the sale of remnant City 12roEerty for ~
appraised .Erice in West Lawn Addition~ the City: of Lubbock, Lubboc~ County,
Texas.
Resolution No. 861 =.;:;;;..;;.=.:;.~..::;...:.;. ---
At the June 18, 1981, Regular City Council Meeting, the Council authorized
the sale of this property which is City-owned or classified as "remnant11
property, and authorized proceeding in accordance with law. The adjacent
property owner, Willie May Wolfe, has expressed interest in buying this remnant
legally described as the west 40' of Lot 21, Block 2, West Lawn Addition at
the appraised value of $2.10 a square foot for a total cost of $11,235. The
lot fronts 21st Street and is adjacent to the west side of Indiana. It is
zoned for "R-1" residential and currently surrounded by apartment-medical zoning.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to
pass Resolution No. 861 authorizing the sale by a Special Warranty Deed to
7.
6 TFcACi
•.c HEREIN
~f R.!iR"'...U·J('
.1Et.:T.
E" t.ND
: AS s,
I ' • ;E·<'I t: .• ; . ! ..
1 "<= 15.0·):. . :.:90"'.
: i:l~ .. (l(l, i Cri=ZI.~ I
I
I ---. ;-"~-....
~
WHISPfl
14