HomeMy WebLinkAboutOrdinance - 2002-O0039 - Ordinance Amending Zoning Ordinance To Make Changes: Zone Case No. 2934 - 03/28/2002First Reading
March 28, 2002
Item No. 44
Second Reading
April 11, 2002
Item No. 20
ORDINANCE NO. 2002-o0039
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2934; A ZONING CHANGE FROM T TO R-1 AND
R-2 SPECIFIC USE FOR 20-FOOT FRONT SETBACKS AND TO R-1 SPECIFIC
USE FOR GARDEN HOMES ON 166 ACRES OF UNPLATTED LAND OUT OF
SECTION 21, 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 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. 2934
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) of the Code
of Ordinances of the City of Lubbock from T to R-1 and R-2 Specific
Use for 20-foot front setbacks and to R-1 SpecificUse for garden
homes on 166 acres of unplatted land out of Section 21, Block AK,
City of Lubbock, Lubbock County, Texas, located south of 98th Street
and west of Fulton A venue, subject to conditions and being further
described as follows:
Tract 1: REZONE TO R-1 Specific Use for Reduced SetBacks
METES AND BOUNDS DESCRIPTION for a tract of land located
in Section 21, Block AK, Lubbock County, Texas, being further
described as follows:
BEGINNING at a point in the North line of Section 21, Block AK,
which bears West an approximate distance of 850.0 feet from the
Northeast corner of Section 21, Block AK, Lubbock County, Texas;
THENCE S 00°01 '35" E. an approximate distance of 321.0 feet;
THENCE West an approximate distance of 150.0 feet;
THENCE South an approximate distance of 439.0 feet;
THENCE East an approximate distance of 150.0 feet;
THENCE S. 00°01 '35"E. an approximate distance of 1906.4 feet to a
point in the North line of the South Half of Section 21, Block AK;
THENCE N. 89°57'55"W., along the North line of the South Half of
Section 21, Block AK, an approximate distance of 2421.5 feet;
THENCE N. 00°00'33"E. an approximate distance of 2297.2 feet;
THENCE East and approximate distance of 162.0 feet;
THENCE North an approximate distance of 376.2 feet to a point in
the North Line of Section 21, Block AK;
THENCE S. 89°48'E., along the North line of Section 21, Block AK,
an approximate distance of 2257.8 feet to the Point of Beginning.
SAVE AND EXCEPT THE FOLLOWING DESCRIBED TRACT:
METES AND BOUNDS DESCRIPTION for a tract of land located
in Section 21, Block AK, Lubbock County, Texas, being further
described as follows:
BEGINNING at a point which bears West an approximate distance
of 1814.7 feet and South an approximate distance of 854.1 feet from
the Northeast corner of Section 21, Block AK, Lubbock County,
Texas;
THENCE S. 14°58'25" W. an approximate distance of 1061.1 feet;
THENCE S. 59°58'25" W. an approximate distance of 100.2 feet;
THENCE N. 75°01'35" W. an approximate distance of 506.3 feet;
THENCE N. 30°01'35" W. an approximate distance of 100.2 feet;
THENCE N. 14°58'25" E. an approximate distance of 1061.1 feet;
THENCE S. 75°01 '35" E. an approximate distance of 648.0 feet;
Zone Case No. #2934
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Tract 2: REZONE TO R-2 Specific Use for Reduced Front Setbacks
METES AND BOUNDS DESCRIPTION for a tract of land located
in Section 21, Block AK, Lubbock County, Texas, being further
described as follows:
BEGINNING at a point in the North line of Section 21, Block AK,
which bears West an approximate distance of 3107.8 feet from the
Northeast corner of Section 21, Block AK, Lubbock County, Texas;
THENCE South an approximate distance of 376.2 feet;
THENCE West an approximate distance of 162.0 feet;
THENCE North an approximate distance of 376.2 feet to a point in
the North line of Section 21, Block AK;
THENCE East, along the North line of Section 21, Block AK, an
approximate distance of 162.0 feet to the Point of Beginning.
Tract 3: REZONE TO R-2 Specific Use for Reduced Front Setback
METES AND BOUNDS DESCRIPTION for a tract of land located
in Section 21, Block AK, Lubbock County, Texas, being further
described as follows:
BEGINNING at a point which bears West an approximate distance
of 850.0 feet and South an approximate distance of 321.0 feet from
the Northeast corner of Section 21, Block AK, Lubbock County,
Texas;
THENCE South an approximate distance of 439.0 feet;
THENCE West an approximate distance of 150.0 feet;
THENCE North an approximate distance of 439.0 feet;
THENCE East an approximate distance of 150.0 feet to the Point of
Beginning.
Tract 4: REZONE TO R-1 Specific Use for Garden Homes
METES AND BOUNDS DESCRIPTION for a tract of land located
in Section 21, Block AK, Lubbock County, Texas, being further
described as follows:
BEGINNING at a point which bears West an approximate distance
of 1814.7 feet and South an approximate distance of 854.1 feet from
the Northeast corner of Section 21, Block AK, Lubbock County,
Texas;
Zone Case No. #2934
Page3 of5
THENCE S. 14°58'25" W. an approximate distance of 1061.1 feet;
THENCE S. 59°58'25" W. an approximate distance of 100.2 feet;
THENCE N. 75°01'35" W. an approximate distance of 506.3 feet;
THENCE N. 30°01'35" W. an approximate distance of 100.2 feet;
THENCE S. 14°58'25" E. an approximate distance of 1061.1 feet;
THENCE S. 75°01 '35" E. an approximate distance of 648.0 feet;
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That R-1 Specific Use (Tract 1) and R-2 Specific Use (Tracts 2
and 3) shall be allowed a twenty-foot front setback.
2. That front setback may be reduced to within five feet of the front
property line on lots adjacent to a cul-de-sac in tracts 1,2,3,&4.
3. That any front entry garage shall meet a minimum of twenty feet
front setback in tracts 1,2,3, and 4.
SECTION 2. THAT the granting of this specific use zoning on Tract 1 and 4 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 on 166 acres of unplatted
land out of Section 21, 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. #2934
Page 4 of5
ATTEST: ~J.~<~~ RebeC a Garza, City Secretar)l'C'
APPROVED AS TO FORM:
~ -~ L~~C",_-~tl(~~/
Linda L. Chamales, Supervising Attorney,
Office Practice Section
LLC:ZC2934.ord
Ccdocs/03/15/02
Zone Case No. #2934
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