HomeMy WebLinkAboutOrdinance - 2010-O0095 - Amending Zoning Ordinance 7084. Zone Case 2895-D - 12/02/2010...
First Reading
December 2, 2010
Item No. 6.4
ORDINANCE NO. 2010-00095 -------
Second Reading
December 15, 2010
Item No. 5.31
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2895-D; A ZONING CHANGE FROM AM, C-3 AND
A-1 SPECIFIC USE FOR GARDEN HOMES TO R-1 SPECIFIC USE FOR
REDUCED SETBACKS ON 39.941 ACRES OF UNPLATTED LAND OUT OF
BLOCK AK, SECTION 28, 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. 2895-D
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 29-24 of the Code of Ordinances
of the City of Lubbock from AM, C-3 and A-1 Specific Use for garden homes to
R-1 Specific Use for reduced setbacks on 39.941 acres of unplatted land out of
Block AK, Section 28, City of Lubbock, Lubbock County, Texas, located from
85th Street to 88th Street between Milwaukee Avenue and lola Avenue, subject
to conditions, and being further described as follows:
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METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the front setback may be twenty (20) feet, setback on cui de sac
lots may be five (5) feet with the exception of a front entry garage,
which must be a minimum of twenty (20) feet, and side setback on
corner lots may be five (5) feet.
2. THAT if the subdivision has paved alleys for entry to the garages
from the alley, the side fence on corner lots shall meet th~ same five
(5) foot setback as the residence.
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 AM, C-3 and A-1 Specific Use for garden homes 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 9-24(c)(24) of Codified Zoning Ordinance No.
7084 on the property described from 85th Street to 8~th Street between Milwaukee
Avenue and lola Avenue, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision ofthis 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. 2895-D
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AND IT IS SO ORDERED.
Passed by the City Council on first reading on ____ D_e_ce_m_b_e_r_2~,_2_0_1_0 ____ _
Passed by the City Council on second reading on ___ D_e_ce_m_b_e_r_1_5_:_, _2_0_1_0 ___ _
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw/City Att/Chad/Zones/ZC2895-D
November4, 2010
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TOl\I?MARTIN, MAYOR
Zone Case No. 2895-D
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DESCRIPI10N OF A
39.941 ACRE TRACT IN
SECTION 28, BLOCK AK
LUBBOCK COUNTY, TEXAS
Ordinance No. 2010-00095
631 0 Genoa Ave. Suite A Lubbock TX. 79424
Phone: 806-687-1 569 Fax: 806-687-1 569
E-mail: stevenssurvey@hotmail.com
A 39.941 ACRE TRAer OF LAND SITIJATED IN TIIAT CERTAIN 199.832 ACRE TRAer OF LAND
RECORDED IN VOLUME 6937, PAGE 174 OF Tiffi REAL PROPERlY RECORDS OF LUBBOCK COUN1Y,
INCLUDING LOT 4B OF SPECTRA LUBBOCK SOUTIIWEST, AN ADDITION TO Tiffi CfiY OF LUBBOCK,
LUBBOCK COUN1Y, TEXAS, ACCORDING TO THE MAP OR PLAT TIIEREOF RECORDED IN PLAT AND
DEDICATION NO. 2006044435 OF Tiffi OFFICIAL PUBUC RECORDS OF LUBBOCK COUN1Y, AND
LOCATED IN SECTION 28, BLOCK AK, LUBBOCK COUNTY, 'IEXAS, SAID 39.941 ACRE TRAer BEING
FURTHER DESCRIBED BY ME1ES AND BOUNDS AS FOllOWS:
BEGINNING AT A 1/2" IRON ROD WI1H CAP MARKED "STEVENS RPLS 4339" SET IN THE EAST LINE
OF LOT 4A, SPECTRA LUBBOCK SOU1HWEST, AN ADDITION TO Tiffi CI1Y OF LUBBOCK, LUBBOCK
COUN1Y, TEXAS, ACCORDING TO Tiffi MAP OR PLAT THEREOF RECORDED IN PLAT AND
DEDICATION NO. 2006044435 OF 1HE OFFICIAL PUBUC RECORDS OF LUBBOCK COUN1Y, AND
S. 01° 49' 05" W. A DISTANCE OF 175.00 FEET FROM 1HE SOUTIIWEST CORNER OF TRAer A-1, A REPLAT
OF TRAer A, MONTEREY CHURCH OF CHRIST ADDIDON, AN ADDIDON TO 1HE CI1Y OF LUBBOCK,
LUBBOCK COUN1Y, TEXAS, ACCORDING TO THE MAP OR PLAT TIIEREOF RECORDED IN VOLUME
10299, PAGE 264 OF 1HE OFFICIAL PUBUC RECORDS OF LUBBOCK COUN1Y, FOR 1HE NORTIIWEST
CORNER OF nns TRAer, HAVING COORDINA1ES OF NORnnNG: 7,252,079.842 AND BASTING:
916,426.179, 1EXAS COORDINATE SYS'IEM, TXNC ZONE 4202, NAD 83 (CORS 96), WHENCE Tim
NORTHWEST CORNER OF SECTION 28 BEARS N. 01° 49' 05" E. A DISTANCE OF 1001.91 FEET, N. 01° 54' 20"
E. A DISTANCE OF 55.00 FEET AND N. 88° 05' 40" W. A DISTANCE OF 1360.47 FEET, PER CALLED
DISTANCES IN SAID PLAT OF TRAer A-1 AND IN PREVIOUS WARRAN1Y DEEDS RECORDED IN
VOLUME 6937, PAGES 174 AND 178 OF Tim REAL PROPERlY RECORDS OF LUBBOCK COUN1Y;
TIIENCE S. 88° 11' 01" E., PARALLEL WI1H TIIE SOU1H LINE OF SAID TRACI' A-1 (PREVIOUS RECORD
CALL: EAS1), AT A DISTANCE OF 1250.20 FEET PASS A 1/2" IRON ROD WITII CAP MARKED "S1EVENS
RPLS 4339" SET IN REFERENCE, CONTINUING FOR A TOTAL DISTANCE OF 128220 FEET TO A 1/2"
IRON ROD WI1H CAP MARKED "STEVENS RPLS 4339'' SET IN 1HE EAST LINE OF SAID 199.832 ACRE
TRACI' FOR 1HE NORTIIEAST CORNER OF TillS TRACI';
TIIENCE S. 01° 45' 05" W., ALONG Tim EAST LINE OF SAID 199.832 ACRE TRAer (PREVIOUS RECORD
CALL: S. 00° 02' 50" E.) AND 1HE CENTERUNE OF lOLA AVENUE AS DEDICATED BY Tim PLATS OF
REGAL PARK, ACCORDING TO THE MAPS OR PLATS TIIEREOF RECORDED IN VOLUME 8405, PAGE 286
AND VOLUME 10114, PAGE 58 OF 1HE OFFICIAL PUBUC RECORDS OF LUBBOCK COUN1Y, A
DISTANCE OF 992.97 FEET TO A PK NAIL AND WASHER FOUND AT Tim NORTIIEAST CORNER OF
TIIAT CERTAIN TRACI' OF LAND CONVEYED TO LUBBOCK LAND INVESTMENTS I, LP RECORDED IN
VOLUME 10469, PAGE 124 OF 1HE OFFICIAL PUBUC RECORDS OF LUBBOCK COUN1Y, FOR 1HE
SOU1HEAST CORNER OF TillS TRACI';
TIIENCE N. 88° 10' 05" W., ALONG 1HE NOR1H UNE OF SAID LUBBOCK LAND INVESTMENTS I, LP
TRACI', AT A DISTANCE OF 32.00 FEET PASS A 1/2" IRON ROD WITII CAP MARKED "H. REED & ASSOCS"
FOUND, CONTINUING FOR A TOTAL DISTANCE OF 1118.38 FEET (PREVIOUS RECORD CALL: N. 88° 09'
50" W., 1118.38 FEEl) TO A 1/2" IRON ROD WITH CAP MARKED "H. REED & ASSOCS" FOUND FOR A
CORNER OF TinS TRAer;
1HENCE N. 01° 48' 45" E., ALONG A PORTION OF 1HE NORTII LINE OF SAID LUBBOCK LAND
INVESTMENTS I, LP TRACI', A DISTANCE OF 146.21 FEET (PREVIOUS RECORD CAlL: N. 01° 48' 13" E.,
146.21 FEE1) TO A 1/2" IRON ROD Willi CAP MARKED 41-i. REED & ASSOCS" FOUND FOR A CORNER OF
TinS TRACT;
TIIENCE N. 88° 09' 49" W., ALONG 1HE NORTII UNE OF SAID LUBBOCK LAND INVESTMENTS I, LP
TRACT, A DISTANCE OF 1468.08 FEET (PREVIOUS RECORD CAlL: N. 88° 10' 43" W., 1467.86 FEEl) TO A
1/2" IRON ROD Willi CAP MARKED "STEVENS RPLS 4339" SET IN 1HE EAST RIGHT-OF-WAY UNE OF
MILWAUKEE AVENUE, AS DESCRIBED IN DEED RECORDED IN VOLUME 9735, PAGE 349 OF TIIE
OFFICIAL PUBUC RECORDS OF LUBBOCK COUN1Y, FOR 1HE SOUTIIWEST CORNER OF 1HIS TRACI';
1HENCE N. 01° 43' 17" E., ALONG 1HE EAST RIGHT-OF-WAY LINE OF MILWAUKEE AVENUE (PREVIOUS
RECORD CALL: N. 01° 43' 58" E.), A DISTANCE OF 292.00 FEET TO A 5/8" IRON ROD FOUND AT Tim
SOUI'HWEST CORNER OF TRAer A, WALMART SUPERCENTER, AN ADDITION TO Tiffi CI1Y OF
LUBBOCK, ACCORDING TO TilE MAP OR PLAT TIIEREOF RECORDED IN PLAT AND DEDICATION NO.
2006024909 OF 1HE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUN1Y, FOR 1HE MOST WESTERLY
NORTIIWEST CORNER OF TinS TRAer;
1HENCE S. 88° 09' 54" E., ALONG TilE SOU1H LINE OF SAID TRAer A, A DISTANCE OF 915.02 FEET
(PREVIOUS RECORD CALL: S. 88° 10' 10" E., 914.93 FEE1) TO A 5/8" IRON ROD WI1H CAP MARKED
"DUNAWAY ASSOC, INC"" FOUND AT Tiffi SOUTIIEAST CORNER OF SAID TRACT A AND TilE
SOUTIIWEST CORNER OF LOT 4B OF SAID SPECTRA LUBBOCK SOUTIIWEST, FOR A CORNER OF TinS
TRAer;
1HENCE N. 01° 49' 50" E., ALONG 1HE COMMON UNE OF SAID TRAer A AND LOT 4B, A DISTANCE OF
282.59 FEET (PREVIOUS RECORD CALL: N. 01° 49' 50" E., 282.78 FEE1) TO A 1/2" IRON ROD WI1H CAP
MARKED "STEVENS RPLS 4339'' SET AT 1HE WEST COMMON CORNER OF SAID LOTS 4A AND 4B FOR A
CORNER OF TinS TRACT;
TIIENCE S. 88° 10' 10" E., ALONG 1HE COMMON LINE OF SAID WTS 4A AND 4B, A DISTANCE OF 388.52
FEET (PREVIOUS RECORD CAlL: S. 88° 10' 10" E., 388.47 FEE1) TO A 1/2" IRON ROD WI1H CAP MARKED
"STEVENS RPLS 4339" SET AT 1HE EAST COMMON CORNER OF SAID LOTS 4A AND 4B FOR A CORNER
OF TinS TRACT;
TIIENCE N. 01° 49' OS" E., ALONG 1HE EAST LINE OF SAID LOT 4A (PREVIOUS RECORD CALL:
N. 01° 49' 14" E.), A DISTANCE OF Z11.11 FEET TO Tim POINT OF BEGINNING.
I, NORRIS STEVENS, REGIS1ERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY 1HAT TinS
DESCRIPTION WAS PREPARED FROM AN ACI1JAL SURVEY OF 1HE PROPER1Y AND 1HAT 1HE
INFORMATION HEREON REPRESENTS 1HE FINDINGS OF TinS SURVEY TO Tim BEST OF MY
KNOWLEDGE AND BELIEF.
SURVEYED NOVEMBER lAND 4, 2006
NORRIS STEVENS
RPLS.4339
SURVEYOR'S REPORT:
TillS SURVEY IS SUBJECT TO ANY FACTS 1HAT MAY BE DISCLOSED BY A FlJU AND ACCURATE TITI..E
SEARCH.
FOUND MONUMENTS ARE ACCEPTED AS CONTROlliNG EVIDENCE DUE TO SUBSTANTIAL
AGREEMENT WI1H RECORD DOCUMENTS.
BEARINGS ARE RELATIVE TO GRID BEARINGS OF Tiffi TEXAS COORDINATE SYSTEM, TXNC ZONE
4202, NAD 83, AS DETERMINED BY GPS OBSERVATIONS ALONG 1HE SOU1H LINE OF 82ND STREET,
BEING S. 88° 05' 40" E. CONVERGENCE TO GEODETIC BEARINGS IS -ol o 52' 59". DISTANCES ARE
SURFACE.
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