HomeMy WebLinkAboutOrdinance - 2002-O0038 - Amending Zoning Ordinance To Make Changes: Zone Case NO. 1794-G - 03/28/2002First Reading
March 28, 2002
Item No. 43
Second Reading
April 11, 2002
Item No. 19
ORDINANCE NO. 2002-00038
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1794-G A ZONING CHANGE FROM C-2 AND A-2 TO
C-2 AND R-1 SPECIFIC USE ZONING ON 5.23 ACRES OF UNPLATTED LAND
OUT OF SECTION 14, BLOCK E-Z, 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 fmds 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
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. 1794-G
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from C-2 and A-2 to C-2 and R-1
Specific Use for townhouses on 5.23 acres of unplatted land out of
Section 14, Block E-Z, City of Lubbock, Lubbock County, Texas,
located at the northwest corner of 98th Street and Indiana A venue,
subject to conditions and being further described as follows:
Tract 1: Rezoned C-2
METES AND BOUNDS DESCRIPTION for a zone change request
only to C-2 for an approximate 0.53-acre tract of land located in
Section 14, Block E-2, Lubbock County, Texas, being further
described as follows:
BEGINNING at a point that is the Northwest corner of Tract "R",
Raintree Addition to the City of Lubbock, Lubbock County, Texas
according to the map, plat and/or dedication deed recorded in
Volume 7004, Page 54, Real Property Records of Lubbock County,
Texas;
THENCE S. 00°01'10" W., along the West lot line of said Tract
"R", an approximate distance of 215.00 feet to a point in the North
right-of-way line of 98th Street at the Southwest comer of said Tract
"R";
THENCE S. 89°58'40" W., along the North right-of-way line of 98th
Street, an approximate distance of 107.49 feet;
THENCE N. 00°01'10" E. an approximate distance of 215.00 feet;
THENCE N. 89°58'40" E., an approximate distance of 107.49 feet to
the Point of Beginning.
Tract 2: Rezoned R-1 Specific Use
METES AND BOUNDS DESCRIPTION for a zone change request
only to R-1 specific use for townhouses for an approximate 4.49-acre
tract of land located in Section 14, Block E-2, Lubbock County,
Texas, being further described as follows:
BEGINNING at a point that is the Northeast comer of Tract "R",
Raintree Addition to the City of Lubbock, Lubbock County, Texas,
according to the map, plat and/or dedication deed recorded in
Volume 7004, Page 54, Real Property Records of Lubbock County,
Texas;
THENCE S. 89°58'40" W., along the North line of said Tract "R",
309.69 feet pass the Northwest comer of said Tract "R", continuing
for a total approximate distance of 414.18 feet;
THENCE S. 00°01'10" W. an approximate distance of 215.00 feet to
a point in the North right-of-way line of 98th Street;
THENCE S. 89°58'4011 W., along the North line of 98th Street, an
approximate distance of 143.26 feet to a point in the East right-of-
way line of Joliet Avenue;
THENCE N. 00°01 '10" E., along the East right-of-way line of Joliet
Avenue, an approximate distance of 509.00 feet to a point in the
South right-of-way line of a 10' wide alley;
THENCE S. 89°58'50" E., along the South right-of-way line of said
line of said alley, an approximate distance of 560.00 feet;
THENCE S. 00°03'52" E., an approximate distance of 293.59 feet to
the Point of Beginning.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The R-1 Specific Use lot front setback for lots fronting the cul-de-
sac may be reduced to within five feet of the front property line,
except that any front entry garage shall meet a minimum of a twenty
foot front setback.
Zone Case No. 1794-G
Page2oj3
SECTION 2. THAT the granting of this specific use zoning on Tract 2 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 C-2
or A-2 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 Tract 2, out of 5.23
acres of unplatted land out of Section 14, Block E-Z, City of Lubbock, Lubbock County,
Texas.
SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a
misdemeanor punishable by a fme 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.
ATTEST:
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APPROVED AS TO FORM:
C~'----<--c:Y C-~-:.-,--. a/-----
Linda L. Chamales, Supervising Attorney,
Office Practice Section
LLC:gs/ZC1794-G .ORD
Ccdocs/03/15/02
Zone Case No. 1794-G
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