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Home My WebLink AboutOrdinance - 2002-O0007 - Amending Zoning Ordinance To Make Change: Zone Case 2926 Garden Homes - 01/10/2002First: Reading January 10, 2002 It:em No. 39 Second Reading January 23, 2002 It:em No. 21 ORDINANCE NO. 2002-o0001 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2926; A ZONING CHANGE FROM T TO C-3, R-1 SPECIFIC USE ZONING FOR GARDEN HOMES AND R-1 SPECIFIC USE ZONING FOR REDUCED FRONT SETBACK SPECIFIC USE ON AN UNPLATTED 127.29 ACRE TRACT OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 finds 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 3211.007 (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 the proposed amendment, and the public hearing according to said notice, was duly 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 determined by the City Council 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. 2926 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-24( c )(24) of the Code of Ordinances of the City ofLubbock from T to C-3, R-1 Specific Use zoning for garden homes and R-1 Specific Use zoning for reduced front setback on an unplatted 127.29 acre tract ofland out of Section 16, Block E-2, City of Lubbock, Lubbock County, Texas, located South of 98th Street and West of Quaker Avenue. Subject to conditions and being further described as follows. Tract A: Chaneine zonine from T to R-1 Specific Use for Garden Homes METES and BOUNDS Description of a 3.53 acre tract out of Section 16, Block ~-2, Lubbock County, Texas for Zone Purposes Only. BEGINNING at a point from whence the Northeast corner of Section 16, Block E-2 bears N89°57'01 "E, 2036.90 feet; THENCE South 499.55 feet; THENCE West 308.0 feet; THENCE North 499.28 feet; THENCE N89°57'01"E, 308.0 feet to the PLACE OF BEGINNING and containing 3.53 acres including any Right of Way. Tract B: Chana=in& zonin& from T to R-1 Specific Use for reduced front setback METES and BOUNDS Description of a 102.61 acre tract out of Section 16, Block E-2, Lubbock County, Texas for Zone Purposes Only. BEGINNING at a point from whence the Northeast corner of Section 16, Block E-2 bears N89°57'01"E, 2643.05 feet; THENCE N89°57'01 "E, 298.14 feet; THENCE South 499.28 feet; THENCE East 308.0 feet; THENCE North 499.55 feet; THENCE N89°57'01 "E, 458.05 feet; THENCE Southeasterly around a curve to the right, on a chord bearing S85°02'47"E, having a radius of 954.93 feet, through a central angle of 1 0°00'25"' and having a chord distance of 166.57 feet; THENCE South 383.13 feet; THENCE S69°1l '27"E, 312.89 feet; THENCE South 407.27 feet; THENCE East 29.0 feet; THENCE South 312.0 feet; THENCE East 125.0 feet; THENCE South 156.0 feet; THENCE East 478.67 feet; THENCE S0°17'59"E, 354.09 feet; Zone Case No.1916 Page1of5 THENCE N89°57'01 "E, 495.0 feet; THENCE S0°17'59"E, 299.29 feet; THENCE S89°56'52"W, 889.76 feet; THENCE S0°17'59"E, 604.0 feet; THENCE S89°56'52"W, 1760.18 feet; THENCE N0°09'01 "W, 2642.39 feet to the PLACE OF BEGINNING and containing 102.61 acres including any Right of Way, and also including: METES and BOUNDS Description of a 10.60 acre tract out of Section 16, Block E-2, Lubbock, Texas for Zone Purposes Only. BEGINNING at a point from whence the Northeast corner of Section 16, Block E-2 bears N0°17'59"W, 644.23 feet and N89°57'01 "E, 505.0 feet;. THENCE S0°17'59"E, 230.77 feet; THENCE N89°57'02"E, 10.0 feet; THENCE S0°17'59"E, 509.91 feet; THENCE West 478.67 feet; THENCE North 156.0 feet; THENCE West 125.0 feet; THENCE North 312.0 feet; THENCE West 29.0 feet; THENCE North 407.27 feet; THENCE S69°1l '27"E, 137.98 feet; THENCE S74°24'20"E, 204.30 feet; THENCE S84°01 '28"E, 294.64 feet to the PLACE OF BEGINNING and containing 10.60 acres including any Right of Way. Tract C: Chan&in& zonin& from T to C-3 METES and BOUNDS Description of a 10.55 acre tract out of Section 16, Block E-2, Lubbock County, Texas for Zone Purposes Only. Zone Case No. 2926 Page3 of5 BEGINNING at a point from whence the Northeast corner of Section 16, Block E-2 bears N0°17'59"W, 270.0 feet and N89°57'01"E, 330.0 feet; THENCE S0°17'59"E, 605.0 feet; THENCE S89°57'02"W, 175.0 feet; THENCE N0°17'59"W, 230.77 feet; THENCE N84°0l '28" 294.64 feet; THENCE N74°24'20"W, 204.30 feet; THENCE N69°1l '27"W, 450.87 feet; THENCE North 383.13 feet; THENCE Southeasterly around a curve to the right, on a chord bearing S74°37'01"E, having a radius of954.93 feet, through a central angle of 10°51 '07"' and having a chord distance of 180.60 feet; THENCE S69°11'27"E, 406. 74; THENCE Southeasterly around a curve to the left, on a chord bearing of S79°37'13"E, having a radius of 954.93 feet, through a central angle of 20°51 '32", and having a chord distance of 345.73 feet; THENCE N89°57'01"E, 189.91 feet to the PLACE OF BEGINNING and containing 10.55 acres including any Right of Way. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Proposed lots 359-374 shall be garden home lots. 2. The balance of the residential lots shall provide a minimum of twenty (20) foot front setback except that cul-de-sac lots may have a minimum of five (5) feet of setback with the exception of any garage, which shall have a minimum of twenty (20) feet of setback. 3. On the C-3 portion, a site plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. 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 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 Zone Case No. 2926 Page4 of5 Ordinance is permitted under provision of Section 29-24(c)(2) and 29-24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described as an unplatted 127.29 acre tract of land out of Section 16, Block E-2, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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. AND IT IS SO ORDERED. Passed by the City Council on first reading this lOth day of Passed by the City Council on second reading this 23rd day of ATTEST: ~"' 0"-M' "" .. ~~ APPROVED AS TO FORM: ~ c:::Yc-'/~__e___- Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC2926.0RD Ccdocs/0 1103/02 Zone Case No. 2926 Page 5 of5 January , 200~. January , 200 2.