HomeMy WebLinkAboutOrdinance - 2007-O0099 - Amending Zone Case No. 2984 A Specific Use For Reduced Setback On 78.750 Acres - 09/27/2007First Reading
September 27, 2007
Item Bo. 6.2
ORDINANCE NO. 2001-00099
Second Reading
October 11, 2007
Item No. 5.6
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2984-E; A ZONING CHANGE FROM A-1 AND R-1
SPECIFIC USE TO R-1 SPECIFIC USE FOR REDUCED SETBACK ON 78.750
ACRES IN SECTION 38, BLOCK AK, 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 29-29 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 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. 2984-E
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from A-1 and R-1 Specific Use to R-1 Specific Use for
reduced sebacks under provisions of Section 29-24 of the Code of Ordinances
of the City of Lubbock on 78. 750 acres in Section 38, Block AK, City of
Lubbock, Lubbock County, Texas, located at 34th Street and Quincy Avenue4,
subject to conditions and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the minimum front setback shall be twenty (20) feet.
2. That the minimum side setback for corner lots and the minimum for
non-garage portions of structures on cul de sac streets shall be five (5) feet.
3. That should the subdivision be developed with access to the garages
from the alley, the fence on the corner lots facing the side street shall be set
back five feet to match the setback of the home.
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 A-1 and R-1 Specific Use 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) (24) of Codified Zoning Ordinance No.
7084 on the property described as 341t1 Street and Quincy A venue, City of Lubbock,
Lubbock County, Texas.
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.
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.
Zone Case No. 2984-E
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of September , 2007.
Passed by the City Council on second reading this 11th day of October , 2007.
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
. ~ --~c:;:YC4-~/
Linda L. Chamales
Senior Attorney Office Practice
vw/cityatt/Linda/ZoneCases/ZC2984-E
August 27, 2007
Zone Case No. 2984-E
page-3 of 3
C Ordinance Ho. 2007-00099
6310 Genoa Ave. Suite A LUbbock 1X 79i24
Phone: 806-687-1569 Fax: 806-687-1569
E-mail: .stevenssurvey@hotmail.com
METES AND BOUNDS DESCIUPTION
OF A 78. 750 ACRE Tlict OF LAND IN
SECTION 38, BLOCK AK
LUBBOCK COUNIT. TEXAS
A 78.750 ACRE TRACT OF LAND LOCA1ED IN SECTION 38, BLOCK AK, LUBBOCK COUNTY, TEXAS, AND BEING
A PORTION OF TIIAT CERTAIN TRACT OF LAND DESCRIBED IN VOLUME 9716, PAGE 149, OFFICIAL PUBUC
RECORDS LUBBOCK COUNTY, SAID 78.750 ACRE TRACT BEING PURTI-IER DESCRIBED AS FOILOWS:
BEGINNING A.TA 60 D NAIL AND WASHER STAMPED "RR. & ASSOCS" FOUND IN TI·IE CENTERLINE OF 34ni
STREET AND THE NORTII LINE OF SECTION 38 FOR THE MOST NORnlERLY NORTIIWEST CORNER. OF THIS
TR.ACT, HAVING COORDINATES OF NORTI·I™~ 7,269,161.157 AND EASTING: 911,220.812, TEXAS COORDINATE
SYSTEM, TXNC ZONE 4202. NAO 83 (CORS 96), PROM WHENCE A RAlLR.O.AD SPIKE FOUND IN TI-IE CENTERLINE
INTERSECilON OF 34n1 STREET AND UPLAND AVENUE AT nm NORTIIWFSr CORNER OF SECflON 38 BEA.RS
WEST A DISTANCE OF 836.77 FEET;
lHENCE EAST, ALONG TI-IE NORTII LINE OF SEC'IlON 38, A DISTANCE OF 164t.27 FEET TO A 60 D NAIL AND
SHINER FOUND AT nm NORTI·IWFSf CORNER OF MILWAUKEE RIDGE, AN ADDITION TO TIIE CllY OF
LUBBOCK, ACCORDING TO TIIE MAP OR PLAT THEREOF, OF RECORD IN VOWME 10271, PAGE 329, OFFICIAL
PUBUC RECORDS OF LUBBOCK COUNIY, FOll nm NORnJEAST CORNER OF TIIIS TRACT, HA YING
COORDINATES OF NORTHlNG: 7,269,107.018 AND EASTING; 912,860.793, TEXAS COORDINA1E SYSTEM, TXNC
ZONE 4202, NAO 83 (CORS 96);
11-IENCE S01..TIH. ALONG n -m WEST LINE OF SAID MILWAUKEE RIDGE AND TI-IE WEST RIGHf-QF.WAY LINE
OF QUINCY AVENUE. AT A DISTANCE OF 55.00 PEET PASS A PK NAil., IN CONCRETE PAVING SET IN
REFERENCE, CONTINUING FOR A TOT.AL DISfANCE OP 195.92 FEET TO A 112· IRON ROD wnn A CAP
MARKED "ARC LSCO 4339 5707" FOUND AT A POINT OP CURVAnJRB AND A CORNER OF nns TRACT;
n-IENCE SOUTI·IERLY,AIDNG TI-IE WEST LINE OF SAID MILWAUKEE RIDGE AND nm WEST RIGl·IT-01:l-WAY
LINE OF QUINCY AVENUE, A CURVE TO TI-IE RIGl-IT HAVING A llADnJS OF 276.00 FEET, A DELTA. ANGLE OF
25° 03' 40", A CHORD DISTANCE OF 119.76 PEET AND A CHORD BEARING OF S. 12° 31' SO" W., AN ARC DISTANCE
OP 120.72 FEET TO A 1/2• IRON ROD WI'll-1 A CAP MAllKED .. ARC LSCO 4339 5707" FOUND AT A POINT OF
REVERSE CURVATURE AND A CORNER OF TI-IIS TRACT;
THENCE SOUTIIERLY, ALONG 11-IE WEST LINE OF SAID MILWAUKEE RIDGE AND lHE WEST RIGl·IT-OF-WAY
LINE OF QUINCY AVENUE. A CUR.VE TO TIIE LEFT HAVING A RADIUS OF 324.00 FEET, A DELTA ANGLE OF
25° 03' 40", A CHORD DISTANCE OF 140.59 PEET AND A CHORD BE.ARING OF S. 12" 31' so• W., AN ARC DISTANCE
OF 141.72 r"EET TO A 112· IR.ON ROD wm1 A CAP MARKED "STEVENS RPI.S 4339" SET AT A. POINT OP
TANGENCY AND A CORNER. OF nns TRACT;
TIIENCE SOUTI·I. ALONG nm WEST LINE OF SAID MILWAUKEE RIDGE AND TI-IE WEST RIGHT-OF-WAY LINE
OF QUINCY A VENUE, A DISTANCE OF 667.93 FEET TO A 1/2• IR.ON ROD WITI·I A CAP MARKED "STEVENS RPLS
4339" SET FOR A CORNER OF TI-IIS TRACT;
THENCE S. 45° 00' 00" W., ALONG TIIE WEST LINE OF SAID MILWAUKEE RIDGE .AND Tl·IE WEST RIGJ·IT-OF-W/1. Y
LINE OF QUINCY AVENUE A DISfANCE OF 21.21 FEET TOA 1/2" IRON ROD wrm AC.AP .MARKED "STEVENS
RPLS 4339" SET IN THE NORTI-1 RIGHI-OF-WAY LINE OF 37™' STREET FOR A CORNER OFTI-DS TRACT;
THENCE SOUTI-1, ALONG TI-IE WEST LINE OF SAID MILWAUKEE RIDGE, A DISTANCE OP 56.00 Joe.ET TO A 1/2"
IRON ROD wnn A CAP MARKED "'STEVENS RPLS 43l9" SET JN nm SOUTH RIGI-IT-Of-WAY LINE OF 37™
STREET FOR A CORNER OF TI-IIS TRACT;
THENCE S. 45° 00' 00" E., ALONG TI-IE WEST LINE OF SAID MlLWAUKEE RIDGE, A DISTANCE OF 21.21 FEET TO
A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" SET IN TIIE SOUTH RIGI-IT-.OF-WAY LINE OF 37IH
STREET FOR A CORNER OF lHIS TRACT;
TI-IENCE EAST. ALONG nm SOlITH LINE OF SAID MILWAUKEE RIDGE AND TIIE SOUTH RIGI-IT-OF-WA y LINE
OF 37ll1 STREEJ, A DISTANCE OF 48.00 FEET TO A 1/2" IRON ROD WITI-1 A CAP MARKED ~STEVENS RPlS 4339"
SET FOR A CORNER OF nns TRACT;
(
11-IENCE N. 45° ()(f 00" E., ALONG THE SOUTI-1 LINE OF SAID MILWAUKEE RIDGE AND TI-IE SOUTI·I RJGHT-OF-
WA Y LINE OF 37m STREET, A DISTANCE OF 21.21 FEET TO A 1/2" IR.ON ROD Wfn·I A CAP MARKED "STEVE.NS
RPLS 4339" SET FOR A CORNER OF TIIIS TRACT;
11-IENCE EAST, ALONG THE SOUTI-1 LINE OF SAID MILWAUKEE RIDGE AND nm sounI RIG.I-IT-OF-WAY LINE
OF 3711"1 STREET, A DISTANCE OF 31.00 PEET 'ID A 1/2" IRON ROD wrn·I A CAP MARKED "STEVENS RPlS 4339"
SET FOR A CORNER OF THIS TRACT;
TI-IENCE SO'I.Jil·I A DISTANCE OF 880.25 FEET ro A 1/2" IRON ROD wrTI·I A CAP MARKED "Sl'EVENS RPLS 4339"
SET IN' TI·IE NORTH RIGlIT-OF-WAY LINE OF THE WEST TEXAS AND LUBBOCK RA.Il.R.OAD FOR TI-IE
SOUTI-IF..AST CORNER OF nns TRACT;
11-IENCE N. 77!' 05' 22• W. A DISTANCE OF 447.20 FEET ro A 1/2" IRON ROD FOUND IN TIIE NORTH RIGJ-IT-OF-
WA Y LINE OF TIIE WEST TEXAS AND LUBBOCK RAILROAD FORA CORNER OF nns TRACT;
'!HENCE N. 77° 49' 38" W. A DISTANCE OF 591.67 FEET TO A 1/2., IRON ROD WITI-1 A CAP MARKED "tL R. &
ASSOC'S" FOUND IN THE NORTI-1 RIG I-IT-OF-WAY LINE OF nm WEST TEXAS AND UJBBOCK RAllllOAD FOR A
CORNER OF nns TRACT;
'!HENCE N. 77° 56' 04~ W. A DISTANCE OF 408.25 FEET TO A t/2" IRON ROD wrnr A CAP MARKED "I-L R. &
ASSOC'S" FOUND IN nm NOR.TI-I RIGI-IT-OF-WAY LINE OF nm WEST TEXAS AND LUBBOCK RAILROAD PORA
CORNER OF nns TRACT;
THENCE N. 72° 05' 25" W. A DISTANCE OF 876.57 FEET (RECORD CAIL: N. 77!' 06' 05" W., 876.46 FEE'I) TO A 1/T
IR.ON ROD WITH A CAP MARKED "I·L R. & ASSOC'S" FOUND IN THE NORTI-I RJGlIT-OF-WAY LINE O.F 11-IE WEST
TEXAS AND LUBBOCK RAIIROAD AT nm MOST S01.JTIIERLY SOIITHEAST CORNER. OF 11-IA.T CERTAIN 20.537
.ACRE TRACT OF LAND DESCRIBED IN' VOLUME 10361, PAGE 115, OFFICIAL PURLlC RECORDS OF LUBBOCK
COUNTY, FOR nm SO'I.Jil·IWEST CORNER OF nus TRACT;
TI·IENCE N. 00° 00' 1s~ E., ALONG TIIE EAST LINE OF SAID 20537 ACRE TRACT, A DISTANCE OF 674.06 FEET
(RECORD CAIL: NORTII, 674.26 FEEi) TO A 112• IRON ROD WITI·I A CAP MARKED "fL R. & AS.50C'S" FOUND AT
AN ELL CORNER OF S.AID 20$37 ACRE TRACT AND TI·IE MOSf WESTERLY NORTI·IWEST CORNER OF TIIIS
TRACT;
TI-lENCE EAST, .ALONG A SOUTI·I LINE OF SAID 20.537 ACRE TRACT, A DISTANCE OF 548.37 FEET TO A 1/2"
IRON ROD WITH A CAP MARKED "I-l R. & .ASSOC'S~ POUND PORA CORNER OF nus TRACT;
nIENCE N. 45° 00' 00" E.,ALONG A SOUTII LINE OF SAID 20537 ACRE TRACT, A DISTANCE OF 14.14 FEET TO A
1 /2• JR.ON ROD WITH A CAP MARKED "1-L R.. & ASSOC'S" FOUND FOR A CORNER OFTIUS TRACT;
THENCE NORTII. .ALONG TIIE EAST LINE OF SAID 20.537 ACRE TRACT AT A DISTANCE OF 713.001-"EET PASS A
1/2" IRON ROD WITII A CAP MARKED "IL R. & ASSOC'S" FOUND IN FEJ."ERENCE, CONTINUING FOR A TOTAL
DISTANCE OF 768.00 FEET TO nm POINT OF BEGINNING.
1, NORRlS STEVENS, REGISTERED PROFESSIONAL LANO SURVEYOR, DO HEREBY CERTIFY 1HAT nns
DESCRJPTION WAS PREPARED FR.OM AN ACl1JAL SURVEY OF TI-IE PROPERTY AND TIIA.T TIIE INFORMATION
HEREON REPRESENTS TIIE FINDINGS OF nus SURVEY TO TI-IE BEST OF MY KNOWLEDGE AND BEI.JEF.
SUR::~--__;,~
N RRIS STEVENS
R. l...S. 4339
SURVEYOR'S REPORT:
nus SURVEY [S SUBJECT TO ANY FACTS THAT MA y BE DISCLOSED BY A FUIL AND ACCURATE TITLE SEARCH.
FOUND MONUMENTS ARE ACCEPTED AS CONIROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT
WrTI·I RECORD DOCUMENTS.
BEARINGS .ARE RELATIVE TO TI-IE RECORD CALL OF THE NORTH LINE OF SECTION 38, BWCK AK (VOL9716,
PAGE 149) BEING EAST-WEST.
DISTANC~ ARE SURF ACE.
/Wl'71\4