HomeMy WebLinkAboutOrdinance - 8508-1983 - Amend. Zoning Ord. #7084 And Lubbock Map For Changes: Zone Case @2426 - 10/28/198310-o21--i~
I 1-lO-~~
JMSzde ORDINANCE NO. 8508 -----
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.
2426; A SPECIFIC USE ZONE CHANGE FROM R-1 TO R-1 SPECIFIC USE PERMIT UNDER
PROVISIONS Of SECTION 22.3-2 Of THE ZONING ORDINANCE FOR TOWNHOUSES ON LOTS
49A THRU 538, WHISPERWOOD ADDITION, AND A TRACT Of LAND OUT Of SECTION 22,
BLOCK A, CITY Of LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 Of THE CITY CODE;
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, morels, and general welfare to
make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amend-
ment 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 1011f, Vernon's Annotated Civil
Statutes, anended in 1961, end 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 anendrnent, 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 emended 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 LUBBOCK1
ZONE CASE NO. 2426
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby emended as follows, to-wit:
A Specific Use Zone Change from R-1 to R-1 Specific Use Permit under
provisions of Section 22.3-2 of the Zoning Ordinance for townhouses on
Lots 49A thru 538, Whisperwood Addition, and a tract of land out of
Section 22, Block A, City of Lubbock, Lubbock County, Texas located at
Loop 289 and Whisperwood Boulevard and 4th Street and Zoar Avenue,
subject to conditions and being further described as follows:
BEGINNING at a point which bears North an approximate distance of
1433.26 feet and East an approximate distance of 568.19 feet from
the Southwest corner of Section 22, Block A, Lubbock County, Texas;
THENCE N. 37°30' W. an approximate distance of 38.75 feet to a point
of curvature;
THENCE Northwesterly around a curve to the right, said curve having a
radius of 274.77 feet, a central angle of 37°30', tangent lengths of
93.27 feet, end a chord distance of 176.64 feet;
THENCE North a distance of 56.87 feet to a point of curvature;
THENCE Northwesterly around a curve to the left, said curve having a
radius of 257.72 feet, a central angle of 36°56'10", tangent lengths
of 86.07 feet, and a chord distance of 163.28 feet to a point of
reverse 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, end a chord distance of 21.21 feet;
THENCE N. 53°03'50" E. en approximate distance of 105.00 feet;
THENCE S. 36°56'10" E. en approximate distance of 138.00 feet;
THENCE S. 05°00 106" E. en approximate distance of 267.93 feet;
THENCE S. 37°30 1 E. en approximate distance of 70.00 feet;
THENCE S. 52°30' w. an approximate distanc_e of 105.00 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 1.38 acres
SUBJECT TO THE FOLLOWING CONDITIONS:
a. That both locations be tied to the site plan.
b. That the location on Zoar Avenue be tied to approval from the
Zoning Board of Adjustment for less then block to block develop-
ment.
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 7084, which provides that a
Specific Use Permit and a Building Permit shell be applied for and secured
( . ,
• I ' • II
within thirty (JO) months of the effective date of the zone change or ell
undeveloped property shell automatically revert beck 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.J-2 of Zoning Ordinance No.· 7084 on the property respectively described
as Lots 49A thru 53B, Whisperwood Addition, end a tract of land out of
Section 22, Block A, City of Lubbock, Ll.bbock County, Texas.
SECTION J. 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 1-4 of the City Code.
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.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 27th day of October , 1983.
Passed by City Council on second reading this day of-DJ~mL~c.., 1983.
ATTESTz
y-Treasurer
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
THE STATE OF Tr:XAS
COUNTY OF LUBBOCK
Before me Bonnie McKet a Notarv Public in and for Lubbock Countv, Texas on this dav
personally appeared TwS.Jt Ai,fi 11 t Aeee~t Mtna«or of the S~uthwestern Newsp~-
pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper pas been publ1',hc:,d conti11uo..11s1& for more
than fifty-two weeks prior to the first ins~JiQu. of. this LC.fl I ffnt1c••"fft4 WO rastPO C ••r.
w1rl•t6J6al4 No. T9T::>05 at Lubbock County. Texas and the attached print-
ed copy of the f.lttlcc . is a true copy of the ofi.ginal and was printed in the Lubbock
Avall,'!.cittfrnal on the following dates: HtY~ffllitr U & 191 1983 .
3.1Ka~
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
l!.f;t fJDYlflbtr eJ Subscribed and sworn to before me this _·_. _·_day of -------· 19_