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HomeMy WebLinkAboutOrdinance - 2007-O0103 - Amending To Make Changes: Zone Case No. 3094; Specific Use For Reduced Setbacks - 09/27/2007First Reading September 27, 2007 Item No. 6.6 ORDINANCE NO. 2001-00103 Second Reading October 11, 2007 Item No. 5.10 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3094; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 42.43 ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTIONS 15 AND 78 AND LOTS 16-2S, BLOCK 1, A. L. KING ADDITION, 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. 3094 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 to R-1 Specific Use for Reduced Setbacks under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 42.43 acres of unplatted land out of Block A, Sections 15 and 78 and Lots 16-25, Block 1, A. L. King Addition, City of Lubbock, Lubbock County, Texas, located at North Cypress and Wabash Streets, 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 R-1 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 North Cypress and Wabash Streets, 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.3094 page -2 of 3 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. -,,, ~iiff .uv.A"---- DAVID A.MILLER, MAYOR ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: ,,.__ _ __.. A.__ ~_:Y ~~~ ..__t!:_--- Linda L. Cham.ales Senior Attorney Office Practice vw /cityatt/Linda/ZoneCases/ZC3094 August 27, 2007 Zone Case No.3094 page-3 of3 TRACT I: ( f Or\iinance No. 2007=00103 Lots J 6, 17, 18, 19, 20, 21, 22, 23, 24, and 25, BLOCK ONE (I). A.L. KING ADDITION to the City of L\lbbock, Lubbock County, Texas, according to the Map. Plat and/or Dedicatton Deed thereof recorded m Volume 469, Page 431 of the Deed Records of Lubbock Counry, Texas, save and except that portion of Lot 16 conveyed by that certain instrument dated June 6, 1952, recorded in Volume 436, Page 349 of the Deco Records of Lubbock C ounty, Texas. TRACT II: A tract located in Secnon 78. Block A, and Section 15, Block A, Lubbock County, Texas, being further described as follows: BEGINNING at a 112" iron rod with cap set in the West :right-of-way Hne of North Texas Avenue and the North right-of-way line ofTulane Street for the Southeast comer ofthls tract, which bears S. 89°58' E . 2200.44 feet and S. 00°07' W. 338.14 feet from the Northwest comer of Section 15, Block A, Lubbock County, Texas; THENCE N 70°55' W, along the said North right-of-way line of Tulane Street, a dislance of817 91 feet to a l/2 .. iron rod with cap set in the North right-of-way line of Loop 289 tor u point of intersection; THENCE Northwesterly. along the said North nght-of-way ]me of Loop 289, around a curve to the left, said curve having a radius of 30 I 4.93 feet, at 204. l 9 feet pass a 1/2" iron rod with cap set in the North line of Section l S, Block A, and the South line of Section 78, Block A, said curve having a central angle of 7°54'06", tangent lengths of208.22 feet, and a choi:d distance of 415.46 feet to a 1/2" iron rod with cap set in the East nght-of-way line of Nonh Avenue "M'' for the Southwest com er of this tract; THENCE N . 00°07' E., along the said East nght-of-way line of North Avenue "M', a distance of 495.65 feet to a 1/2" iron rod with cap set in the South right-of-way line of Wabash Street for the Northwest corner of this tract. THENCE S 89°58' E., along the said South nght-of-way line of Wabash Street, a distance of 1167.94 feet to a 1/2" iron rod w ith cap set in the West right-of-way line of North Texas Avenue for the Northeast comer of this tract, THENCE S. 00°07' W ., along the said West right-of-way line of North Texas Avenue. at 555 55 feet pass a l/2" iron rod with cap sel in the South )me of Section 78, Block A, and in the North line of Section 15. Block A, continuing for a total distance of 893.69 feet to the Point of Beginning. TRACTilI; A tract located in Section 15, Block A, Lubbock County, Texas. being further describe() as follows: BEGINNING at a rail~oad s-p1ke set in the South nght-of-way line ofT11lan~ SLreet for lhe most Easterly comer of this tract, wh,ch bears South 479 .38 feet and East 243 7 28 feet from the Northwest comer of Section 15, Block A, Lubbock County, Texas; THENCE S . 27°37'W., along the West lme of Lot 3, WmdsweptAddition. a distance of 159.72 feet to a l /2" iron rod found m the North right-of-way line of Loop 289 at the most Southerly comer of this tract; THENCE N. 56°10' w . along the said North right-of-way lme of Loop 289, a distance of 477.40 feet to a 3/4" iron pipe found at a pomt of curvature:; THENCE Northwesterly, around a cu.rve to the left, said curve having a radius of3014 93 feet, a central angle of 3°01 '16", tangent lengths of 79.51 feet, and a chotd distance of 158.96 feet to a 1/2" rod with cap set in the South nght-of-way line of Tulane Stn:el for the most Westerly corner of this tract; THENCE S. 70°55' E., along the said South nght-o f-wny line of Tulane Street, a distance of 640.10 feet to the Point of Beginning. C (Ordinance Ro. 2007-00103 Exhibit A FIELD NOTES on a 20.02 Acre Tract out of Section 78, Block A, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a set 1/2" rod with orange cap marked RPLS 4460 in the East Right of Way line of North Avenue "N" and in the center of Wabash Street for the Southwest comer of this tract from which the Southwest comer of Section 78 is called to bear West, 670 feet and South, 555.56 feet; THENCE N 00°18'27" W, with the East Right of Way line of North Avenue "N", 494.84 feet to a set 1/2" rod with orange cap marked RPLS 4460 for the Northwest corner of this tract; THENCE N 89°59'27" E, for the next four calls along the South line of an alley on the South side of Horne's Mesa Addition, 1267.93 feet to a found 1/2" rod with orange cap marked RPLS 4460 for a comer of this tract; THENCE S 75"00'00" E, 255.67 feet to a found 1/2" rod with orange cap marked RPLS 4460 for a corner of this tract; THENCE s 50°00'00" E (Reference Bearing), 260.52 feet to a found 1" iron pipe with orange cap marked RPLS 4460 for a corner of this tract; THENCE S 77°46'54 .. E, at 109.56 feet pass a found 1/2" rod with orange cap marked RPLS 4460, in all 236.56 feet to a found iron pipe for a comer of this tract; THENCE East, 25 feel to a set steel nail with washer marked Abacus Eng. RPLS 4460 in the center of Cypress Street for the Northeast comer of this tract; THENCE S 00°13'13" W, with said Cypress Street, 213.37 feet to a set steel nail with washer marked Abacus Eng. RPLS 4460 for the Southeast comer of this tract; THENCE N 89°56'28" W, with center of Wabash Street and the North line of the 14.75 Acre tract described in Volume 4930, Page 90, Lubbock County Real Property Records, 1967.18 feet to the Place of Beginning and containing 20.02 Acres including any Right of Way.