HomeMy WebLinkAboutOrdinance - 2006-O0065 - Amending Zoning To Make Change: Zone Case No. 2929-D - 05/25/2006First Re.a.ding
,May 25. 2006
Item Ho. 6.7
ORDINANCE N0. __ 2_00_6_-0_0_0_65 __
Second Reading
June 8, 2006
Irem Bo. 5.5
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2939-D; A ZONING CHANGE FROM R-1 SPECIFIC
USE, C-3, R-2, A-2 AND AM TO C-3 AND R-1 SPECIFIC USE FOR AMENDED
SETBACK ON 133.5 ACRES OF UNSUBDIVIDED LAND OUT OF SECTION 3,
BLOCK D-6, 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
1 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. 2939-D
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1 Specific Use, C-3, R-2, A-2 and AM to C-3 and
R-1 Specific Use for amended setback under provisions of Section 29-24 of the
Code of Ordinances of the City of Lubbock on 133.5 acres of unsubdivided land
out of Section 3, Block D-6, City of Lubbock, Lubbock County, Texas, located at
south of 4th and west of Inler Avenue, subject to conditions and being further
described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A" and "B".
R-1 SPECIFIC USE ZONING SHALL BE SUBJECT TO THE FOLLOWING
CONDITIONS:
1. THAT 25 feet of the front setback from the front property line for non-
garage portions of homes not on cul de sac lots (this equates to
approximately 15 feet in our traditional property line method).
2. THAT 30 feet of front setback from the front property line for the garage
portion of homes ( equal to approximately 21.5 feet in our traditional
property line method), unless the garage opening is parallel with the street,
in which case the setback will be directed by # 1 above.
3. THAT 15 feet of front setback for any non garage portion of a home on a
cul de sac lot homes ( equal to approximately 5 .5 feet in our traditional
property line method). Afly garage facing the street shall have a 30 foot
setback from the front property line.
4. THAT 30 feet of side setback for any garage facing a side street ( equal to
approximately 21.5 feet in our traditional property line method). If the
garage entrance is at a ninety (90) degree angle to the side street, this
condition will not apply subject to #5 below.
5. THAT 15 feet of side setback for any comer lot homes (equal to
approximately 5.5 feet in our traditional property line method).
6. THAT either on the front or the side of each parcel, a minimum twenty by
twenty foot parking slab will be provided for a driveway.
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 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 Specific Use, C-3, R-2, A-2 and AM zone districts; 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 of Codified Zoning Ordinance No. 7084 on the property
described as 119 acres of unsubdivided land out of Section 3, Block D-6, City of
Lubbock, Lubbock County, Texas, as described in Exhibit "A" attached.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by 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. 2939-D
page-2 of4
SECTION 5. IHA T 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 25th day of May
Passed by the City Council on second reading this 8th day of June
ATTEST:
Zone Case No. 2939-D
page-3 of 4
, 2006.
, 2006.
APPROVED AS TO FORM:
~~cL-~
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC2939-D
May 4, 2006
Zone Case No. 2939-D
page-4 of 4
Exhibit "A" I II 11,!!,~~~ I I I ~~%ti
LAND SURVEYORS
CIVIL ENGINEERS
Zone Case No. 2939-.D
Change to R-1 Specific Use Zoning
HUGO REED AND ASSOCIATES. INC.
1801 Avenue N / Lubbock, Texas 79401 I 806/763-5642 I FAX 806/763-3891
Ordinance Bo. 2006-00065
METES AND BOUNDS DESCRIPTION of a 119 acre tract of land located in the East Half of Section 3, Block
D-6, Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the North line of Section 3 which bears N. 88°09'04" W. an approximate distance of
1225.48 feet from the Northeast corner of Section 3, Block D-6, Lubbock County, Texas;
THENCE S. 01 °50'56" W. an approximate distance of 405.11 feet to point;
THENCE S. 80°54'23" E. an approximate distance of 222.29 feet to a point;
THENCE S. 62° E. an approximate distance of 867.55 feet to a point of intersection in the west line of a 13.04
acre tract of land granted to The City of Lubbock in Volume 6645, Page 286, Real Property Records of
Lubbock County, Texas;
• THENCE Southwesterly, along the West line of said 13.04 acre tract around a curve to the right, said curve
having a radius of 1859.86 feet, a central angle of 27°18'27", an arc length of 886.42 feet, a chord bearing of
S. 33°04'37" W. and a chord distance of 878.05 feet to a point of intersection:
THENCE S. 46°43'50" W., continuing along the West line of said 13.04 acre tract, an approximate distance of
1840.90 feet to a point of intersection;
THENCE Southwesterly, continuing along the West line of said 13.04 acre tract around a curve to the left, said
curve having a radius of 1959.86 feet, a central angle of 44°43'39", an arc length of 1529.95 feet, a chord
bearing of S. 24°22'01" W. and a chord distance of 1491.40 feet to a point of intersection:
THENCE S. 02°00•11 • W., continuing along the West line of said 13.04 acre tract, at 600.56 feet pass the
Southwest corner of said 13.04 acre tract and the Northwest corner of a 0.383 acre tract of land granted to
The City of Lubbock in Volume 6244, Page 248, Real Property Records of Lubbock County, Texas, continuing
along the West line of said 0.383 acre tract, at 630.58 feet pass the most Westerly Southwest comer of said
0.383 acre tract and the Northwest comer of a 0.444 acre tract of land granted to The City of Lubbock in
Volume 6248, Page 270, Real Property Records of Lubbock County, Texas, continuing along the West line of
said 0.444 acre tract, at 960.56 feet pass the Southwest corner of said 0.444 acre tract and the Northwest
corner of a 0.034 acre tract of land granted to The City of Lubbock in Volume 6244, Page 248, Real Property
Records of Lubbock County, Texas, continuing along the West line of said 0.034 acre tract for a total distance
of 975.58 feet to a point in the North right-of-way line of 19th Street as recorded in Volume 180, Page 578,
Deed Records of Lubbock County, Texas at the Southwest comer of said 0.034 acre tract and the Southeast
comer of this tract;
THENCE N. 88°11'07" W., along said North right-of-way line, an approximate distance of 72.56 feet to a point
in the West line of the East Half of Section 3 for the Southwest corner of this tract;
THENCE N. 01 °44'04" E., along the West line of the East Half of Section 3, an approximate distance of
5224.05 feet to a point in the North line of Section 3 at the Northwest comer of the West Half of Section 3 and
this tract;
THENCE S. 88°09'04" E., along the North line of Section 3, an approximate distance of 1411.79 feet to the
Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY
Prepared for: Cactus Pointe, Ltd.
April 12, 2006
Exhibit "B"
..... ------•••••• u •••• ,-------- • ~-••• ~-.••• ' .•••• .................. ................... , ................ . ...................... ~••so•••••••••••• 11~•····••.a•····· ..................
Zone Case No. 2939-D
Change to C-3 Zoning
HUGO REED AND ASSOCIATES. INC.
1801 Avenue N / Lubbock, Texas 79401 / 806/763-5642 / FAX 806/763-3891
Ordinance Bo. 2006-00065
METES AND BOUNDS DESCRIPTION of a 14.5 acre tract of land located in the East Half of Section 3, Block
D-6, Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the North line of Section 3 for the Northwest comer of a 13.04 acre tract of land
granted to The City of Lubbock in Volume 6645, Page 286, Real Property Records of Lubbock County, Texas
and the Northeast corner of this tract which bears N. 88°09'04" W. an approximate distance of 139.94 feet
from the Northeast comer of Section 3, Block D-6, Lubbock County, Texas;
THENCE S. 01 °43•43~ W ., along the West line of said 13.04 acre tract, an approximate distance of 250.04 feet
to a½" iron rod with cap set for a point of intersection;
THENCE Southwesterly, continuing along the West line of said 13.04 acre tract around a curve to the right,
said curve having a radius of 1859.86 feet, a central angle of 17°41'41", an arc length of 574.38 feet, a chord
bearing of S. 10°34'33" W. and a chord distance of 572.10 feet to a point of intersection:
THENCE N. 62° W. an approximate distance of 867 .55 feet to a point;
THENCE N. 80°54'23• W. an approximate distance of 222.29 feet to a point;
THENCE N. 01°50'56" E. an approximate distance of 405.11 feet to point in the North line of Section 3;
THENCE S. 88"09'04• E., along the North line of Section 3, an approximate distance of 1085.54 feet to the
Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY
Prepared for: Cactus Pointe, ltd.
April 12, 2006