HomeMy WebLinkAboutOrdinance - 2005-O0128 - Ordinance Amending Zoning Ordinance Making Change: Zone Cae No. 3050 - 10/27/2005Ordinance No. 2005-00128
October 27,2005
Item6.1.5
ORDINANCE NO. 20os-oo128
Second Reading
November 7, 2005
ltem5.5
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3050; A ZONING CHANGE FROM T TO C·3, GO,
R-1 SPECIFIC USE FOR TOWNHOMES, R-1 SPECIFIC USE FOR REDUCED
SETBACKS, AND R-2 SPECIFIC USE FOR REDUCED SETBACKS ON 160
ACRES OF UNPLATTED LAND OUT OF SECTION 22, 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 found 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 29-24 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 such
proposed amendment, and the public hearing according to said notice, was 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 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 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. 3050
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning. from T to C-3, GO, R-1 Specific Use for Townhouses,
R-1 Specific Use for Reduced Setbacks, and R·2 Specific Use for Reduced
Setbacks under provisions of Sections 29-29 and 29-24 of the Code of
Ordinances of the City of Lubbock on 160 acres of unplatted land out of
Section 22, Block E-2, City of Lubbock, Lubbock County, Texas, located on
the northeast comer of FM 1585 and Quaker, subject to conditions and being
further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A", "B",
"C", "D", "E" and "F".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT Tract "A" shall be zoned C-3.
2. THAT Tract "A" shall be limited to two curb returns on Quaker, and two
commercial curb returns on FM 1585 (the FM 1585 portions of the plat are
subject to approval for all street and curb returns by TxDOT).
3. THAT Tracts "B" and "C" shall be zoned GO.
4. THAT the two Garden office tracts adjacent to Quaker (Tract "B") shall be
limited to two curb returns each, and provision of a cross-access easement
shall be submitted with the platting of any portion of each tract.
5. THAT the Garden office tract adjacent to FM 1585 (Tract "C") shal.l be
allowed only one curb return if approved by TxDOT.
6. THAT Tract "D" shall be zoned R-1 Specific Use for Townhouses.
7. THAT Tract "E" shall be zoned R-2 Specific Use for Reduced Setbacks.
8. THAT Tract "F" shall be zoned R-1 Specific Use for Reduced Setbacks.
9. THAT for Tracts "E" and "F":
(a) the front minimum set back shall be twenty feet, except that the
setback on a cul-de-sac may be a minimum of five feet with the
exception of a front entry garage;
(b) the side setback for structures on comer parcels shall be a
minimum of five feet, with the provision that no structure will
intrude on the twenty-five foot vision triangle at any intersection;
and
(c) for the corner lots, the fence adjacent to side streets shall be set
back from the side property line five feet.
10. THAT a site plan review of the materials, layout and design of the
commercial tract shall be approved by the Planning Commission prior to a
construction permit being issued for all tracts.
SECTION 2. THAT the granting of this specific use zoning is hereby made
subject to compliance with 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 Pennit 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 T 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 pennitted under Section 29-24(c)2 and 29-
Zone Case No. 3050
page-2 of4
24(c)24 of Codified Zoning Ordinance No. 7084 on the property described as 160 acres
of unplatted land out of Section 22, Block E-2, City of Lubbock, Lubbock County,
Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by 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.
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 the City Council on second reading this 7th da
Zone Case No. 3050
page-3 of4
APPROVED AS TO FORM:
~~~~~.JL-
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC3050
October II, 2005
Zone Case No. 3050
page-4 of4
Ordinance No. 2005-00128 Zone Case No. 3C..~~
Exhibit" A"
Zone Case 3050 Metes and Bounds
Tract "A"
C-3
Metes and Bounds description of a 8.89 Acre Tract out of Section 22, Block E-2,
Lubbock County, Texas, further described as follows:
BEGINNING at a point for the Southwest comer of this tract and the Southwest comer of
Section 22, Block E-2;
THENCE N 00°04'54" E, 550.00 feet;
THENCE East, 704.33 feet;
THENCE South, 550.00 feet;
THENCE N 89°57'33" W, 704.33 feet to the Place of Beginning and containing 8.89
Acres including any Right of Way.
For ZONE CASE purpose only.
• -1 ~:
..
Ordinance No. 2005-00128 Zone Case No. 3050
Exbibit "B"
Tract "B"
GO
Metes and Bounds description of a 10.08 Acre Tract out of Section 22, Block E-2,
Lubbock County, Texas, further described as follows:
BEGINNING at a point for the Southwest comer of this tract whence the Southwest
comer of Section 22, Block E-2 bearsS 00°04'54" W, 550.00 feet;
THENCE N 00°04'54" E, 2090.00 feet;
THENCE S 89°58'40'' E, 210.00 feet;
THENCE South, 2090.00 feet;
THENCE West, 210.00 feet to the Place of Beginning and containing 10.08 Acres
including any Right of Way.
For ZONE CASE purpose only.
.• ' i
.· .....
Ordinance No. 2005-00128 Zone Case No. 30SQ
Exhibit "C"
Tract "C"
GO
Metes and Bounds description of a 2.96 Acre Tract out of Section 22, Block E-2,
Lubbock County, Texas, further described as follows:
BEGlNNING at the Southwest comer of this tract whence the Southwest comer of ·· · ·
Section 22, Block E-2, bears N 89°57'33" W, 2026.33 feet;
THENCE North, 210.00 feet;
THENCE East, 61 3.67 feet;
THENCE S 00°04'50" W, 210.00 feet;
THENCE N 89°57'33" W, 613.37 feet to the Place of Beginning and containing 2.96
Acres including any Right of Way.
For ZONE CASE purpose only.
Ordinance No. 2005-00128 Zone Case No. 3050,
Exhibit "l>"
Tract "D"
R-1 Specific Use for Townhomes
Metes and Bounds description of a 9.21 Acre Tract out of Section 22, Block E-2,
Lubbock County, Texas, further described as follows:
BEGINNING at the Southwest comer of this tract whence the Southwest comer of
Section 22, Block E-2 bears South, 210.00 feet and N 89°57'33" W, 2026.33 feet;
TIIENCE North, 654.00 feet;
1HENCE East, 613.67 feet;
THENCE S 00°04'50" W, 654.00 feet;
THENCE West, 613.67 feet to the Place of Beginning and containing 9.21 Acres
including any Right of Way.
For ZONE CASE purpose only.
Ordinance No. 2005-00128 Zone Case No. 3050
Exhibit "E"
Tract"E"
R-2 Specific Use for Reduced Setbacks
Metes and Bounds description of a 13.43 Acre Tract out of Section 22, Block E-2,
Lubbock County, Texas, fwther described as follows:
BEGINNING at the Southwest comer of this tract whence the Southwest corner of
Section 22, Block E-2 bears N 89°57'33H W, 704.33 feet;
THENCE No~ 550.00 feet;
TiiENCE N 44°04'47" E, 176.09 feet;
THENCE East, 33.50 feet;
THENCE South, 258.50 feet;
THENCE East, 1166.00 feet;
THENCE South, 418.00 feet;
'• ~
TiiENCE N 89°'57'33" W, 1322.00 feet to the Place of Beginning and containing 13.43 ..
Acres including any Right of Way.
For ZONE CASE purpose only.
Ordinance No. 2005-00128 Zone Case No. 305{\
Exhibit "F"
Tract "F"
R-1 Specific Use for Reduced Setbacks
Metes and Bounds description of a 115.43 Acre Tract out of Section 22, Block E-2,
Lubbock County, Texas, further described as follows:
BEGINNING at the most Westerly Southwest comer of this tract whence the Southwest
comer of Section 22, Block E-2, bears West, 210.00 feet and S 00°04'54 .. W, 550.00
feet;
THENCE N 00°04' 54" E, 2090.00 feet;
THENCE S 89°58'40 .. E, 2430.00 feet;
THENCE S 00°04'50" W, 1776.00 feet;
THENCE West, 613.67 feet;
THENCE South, 446.00 feet;
THENCE West, 1166.00 feet;
THENCE North 258.50 feet;
THENCE West, 33.50 feet;
THENCE S 44°04'47" W, 176.09 feet;
THENCE West, 494.33 feet to the Place of Beginning and containing 115.43 Acres
including any Right of Way.
For ZONE CASE purpose only.
Ordinance No. ZOOS-00128
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