HomeMy WebLinkAboutOrdinance - 2002-O0037 - Amending Zoning Ordinance To Make Changes: Zone Case No. 2933 - 03/28/2002First Reading
March 28,. 2002
Item No. 42
Second Reading
April 11,. 2002
Item No. 18
ORDINANCE NO. 2002-o0037
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2933; A ZONING CHANGE FROM T ZONING TO C-3,
A-2, GO ZONING AND TO R-1 SPECIFIC USE AND R-2 SPECIFIC USE FOR 20-
FOOT FRONT SETBACKS AND 5-FOOT SIDE SETBACKS ADJACENT TO
STREETS, ON 320 ACRES OF UNPLATTED LAND OUT OF THE EAST HALF OF
SECTION 27, 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 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 ~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 the proposed amendment, and the
public hearing according to said notice, was duly held in the City Council Chamber ofthe
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. 2933
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), 29-10,
AND 29-13.1 of the Code of Ordinances of the City ofLubbock from T to
C-3, A-2 and to GO Zoning and to R-1 Specific Use and R-2 Specific Use
for 20-foot front setbacks and 5-foot side setbacks adjacent to streets, on
320 acres of unplatted land out of the east half of Section 27, Block AK,
City of Lubbock, Lubbock County, Texas, located south of82nd Street and
west of Milwaukee Avenue, and subject to conditions and being further
described as follows:
Tract 1: Zoning changed from T to C-3
METES and BOUNDS description on a 12.82 Acre Tract out of Section 27,
Block AK, Lubbock County, Texas further described as follows:
Beginning at the Northeast corner of Section 27, Block A-K;
THENCE S00°05'01 "E, along the East line of Section 27, a distance of 721.16
feet;
THENCE West, a distance of 472.54 feet;
THENCE North, a distance of 366.94 feet;
THENCE West, a distance of 613.00 feet;
THENCE North, a distance of 355.81 feet;
THENCE S89°54'57"E, along the North line of Section 27, a distance of 1084.48
feet to the PLACE OF BEGINNING and containing 12.82 acres including any
Right of Way.
Tract 2: Zoning changed from T to A-2
METES and BOUNDS description on a 24.56 Acre Tract out of Section 27,
Block AK, Lubbock County, Texas further described as follows:
Beginning at a point in the North line of Section 27, from whence the Northeast
corner of Section 27 bears S89°54'57"E, a distance of 1084.48 feet;
THENCE South, 355.81 feet;
THENCE East, 613.00 feet;
THENCE South, 366.04 feet;
THENCE West, 2010.26 feet;
THENCE North, 492.83 feet;
THENCE East, 719.00
THENCE North, 230.91 feet;
THENCE S 89°54'57" E, along the North line of Section 27, 678.26 feet to the
PLACE OF BEGINNING and containing 24.56 acres including any Right of
Way.
Tract 3: Zoning changed from T to GO
METES and BOUNDS description on a 3.82 Acre Tract out of Section 27, Block
AK, Lubbock County, Texas further described as follows:
Beginning at a point in the North line of Section 27, from whence the Northeast
corner of Section 27 bears S89°54'57"E, a distance of 1762.74 feet;
THENCE South, 230.91 feet;
THENCE West, 719.00 feet;
THENCE North, 231.97 feet;
Zone Case No. 2933
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q THENCE S 89°54'57"E, along the North line of Section 27, 719.00 feet to the
PLACE OF BEGINNING and containing 3.82 acres including any Right of
Way.
Tract 4: Zoning changed from T to R-2 Specific Use
METES and BOUNDS description on a 8.44 Acre Tract out of Section 27,
Block AK, Lubbock County, Texas further described as follows:
Beginning at a point in the East line of Section 27 for the Northeast corner of
this tract, from whence the Northeast comer of Section 27 bears N 0°05'01"W,
721.16 feet;
THENCE S 00°05'01" E, along the East line of Section 27, 148.00 feet;
THENCE West, 2483.02 feet;
THENCE North, 148.00 feet;
THENCE East, 2482.8 feet to the PLACE OF BEGINNING And containing
8.44 acres including any Right of Way.
Tract 5: Zoning changed from T to R-2 Specific Use
METES and BOUND description on a 3.56 Acre Tract out of Section 27, Block
AK, Lubbock County, Texas further described as follows:
Beginning at a point in the East line of Section 27, for the Northeast comer of
this tract from whence the Southeast comer of Section 27 bears S 0° 05'01" E,
1308.62 feet;
THENCE S 00°05'01" E, along the East line of Section 27, 150.00 feet;
THENCE West, 1033.18 feet;
THENCE North, 150.00 feet;
THENCE East, 1032.96 feet to the PLACE of BEGINNING and containing any
Right of Way.
Tract 6: Zoning changed from T to A-2
METES and BOUNDS description on a 11.30 Acre Tract out of Section 27,
Block AK, Lubbock County, Texas further described as follows:
Beginning at a point in the East line of Section 27, for the Northeast comer of
this tract from whence the Southeast comer of Section 27 bears S 0° 05' 01"
E, 1158.62 feet;
THENCE S 00°05'01" E, along the East line of Section 27, 476.45 feet;
THENCE West, 1033.88 feet;
THENCE North, 476.45 feet;
Zone Case No. 2933
Page 3of6
THENCE East, 1033.18 feet to the PLACE OF BEGINNING and containing
11.30 acres including any Right of Way.
Tract 7: Zoning changed from T to C-3
METES and BOUNDS description on a 11.83 Acre Tract out of Section 27,
Block AK, Lubbock County, Texas further described as follows:
Beginning at the Southeast corner of Section 27, Block A-K, for the Southeast
corner of this tract;
THENCE N 89°49'38" W, along the South line of Section 27,757.16 feet;
THENCE North, 679.89 feet;
THENCE East, 765.16 feet;
THENCE S 00°05'01" E, along the East line of Section 27, 682.17 feet to the
PLACE OF BEGINNING and containing 11.83 acres including any Right of
Way.
Tract 8: Zoning changed from T to R-1 Specific Use
METES and BOUNDS description on a 248.25 Acre Tract out of Section 27,
Block AK, Lubbock County, Texas further described as follows:
Beginning at the Northwest corner of the East Half of Section 27, for the
Northwest corner of this tract;
THENCE S 89°54'57" E, along the North line of Section 27, 179.83 feet;
THENCE South, 872.8 feet;
THENCE East, 2483.02 feet;
THENCE S 00°05'01" E, along the East line of Section 27, 3114.00 feet;
THENCE West, 1032.96 feet;
THENCE South, 626.45 feet;
THENCE East, 277.72 feet;
THENCE South, 679.89 feet;
THENCE N 89°49'38" W, along the South line of Section 27,1926.99 feet to the
Southwest corner of the East Half of Section 27 for the Southwest corner of this
tract;
THENCE N 00°09'39" E, with the West line ofthe East Half, 5287.61 feet to the
PLACE OF BEGINNING and containing 248.25 acres including any Right of
Way.
Zone Case No. 2933
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SUBJECT TO THE FOLLOWING CONDITIONS:
1. That there be a site plan review by the Planning and Zoning Commission
on the C-3 areas prior to permit.
2. Setback from side streets in the R-1 Specific Use and R-2 Specific Use
shall be a minimum of five feet, and the setback of the fence for the side
and/or rear yard adjacent to the street shall also be five feet from the street
property line.
3. The R-1 Specific Use and R-2 Specific Use portions shall allow a twenty
foot front setback, except that dimension may be reduced to within five feet
of the front property line on lots adjacent to a cui de sac and except that any
front entry garage shall meet a minimum of a twenty foot front setback.
SECTION 2. THAT the granting of this specific use zoning on Tracts 4, 5, and 8 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 Ordinance is permitted under provision of Section 29-24(c)(24), of
Codified Zoning Ordinance No. 7084 on the property described as Tracts 4, 5 & 8 of 320
acres of unplatted land out of the east half of Section 27, Block AK, 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 28th day of March
2002.
Passed by the City Council on second reading this 11th day of April
2002.
Zone Case No. 2933
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Linda L. ChamaJes, Supervising Attorney,
Office Practice Section
LLC:gs/ZC2933.0RD
Ccdocs/03115/02
Zone Case No. 2933
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