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Home My WebLink AboutOrdinance - 2002-O0057 - Amending Zoning Ordinance To Make Changes: Zone Case No. 2922-A - 04/25/2002First Reading April 25, 2002 Item No. 59 ORDINANCE NO. 2002-o0057 Second Reading May 9, 2002 Item No. 24 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE N0.2922-A; A ZONING CHANGE FROM R-1, R-1 SPECIFIC USE, AND A-2 (limited to a private community center) TO R-1, R-1 SPECIFIC USE (for garden homes), R-1 SPECIFIC USE (for a reduced front set back) AND A-2 (for a private community center) ZONING ON 28.57 acres of unplatted land out of Section 16, Block E-2, 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 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. 2922-A 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 R-1, R-1 Specific Use, and A-2 to R-1, R-1 Specific Use, (for garden homes), R-1 Specific Use (for a reduced front set back), and A-2, (limited to a private community center) on 28.57 acres of unplatted land out of Section, 16, Block E-2, City of Lubbock, Lubbock County, Texas, located north of 114th Street and west of Richmond Avenue, SUBJECT TO CONDITIONS and being further described as: TRACT A: Zoning change from A-2 (limited to a private community center) to R-1 Specific Use for Garden Homes Metes and Bounds Description of a 2. 73 acres tract out of Section 16, Block E-2, Lubbock County, Texas, further described as follows: BEGINNING at a point of the Northwest corner of this tract, from whence the Northeast corner of the South Half of Section 16, Block E-2 bears North 80.40 feet and East, 2893.95 feet; THENCE S 89°34'40" E. 461.66 feet THENCE South 265.70 feet; THENCE West 444.00 feet; THENCE North 253.48 feet; THENCE Northwesterly around a curve to the left, having a radius of 108.0 feet, on a chord bearing ofN 48"28'13" W, through a central angle of 12°31 '47", and a chord distance of 23.57 feet to the PLACE OF BEGINNING and containing 2. 73 acres of land including any Right of Way TRACT B: Zoning change from A-2 Oimited to a private community center) to R-1 Specific Use for reduced front set back Metes and Bounds Description of a 0.99 acre tract out of Section 16, Block E- 2, Lubbock County Texas, further described as follows: BEGINNING at a point for the Northwest corner of this tract, from whence the Northeast corner of the South Half of Section 16, Block E-2 bears North 83.81 feet and East, 2432.30 feet; THENCE S 89°34'40" E, 66.21 feet; THENCE N 89°55'10"E, 87.92 feet; THENCE South, 245.94 feet; Thence Southwesterly around a curve to the right, having a radius of 15.0 feet, on a chord bearingS 17°20'51" W, through a central angle of34°41'43", and a chord distance of 8.95 feet; THENCE S 34°41'43" W, 65.57 feet; THENCE N 55°18'17" W, 36.28 feet; THENCE Northwesterly around a curve to the left, having a radius of 126.0 feet, on a chord bearing N 72°39'09" W, through a central angle of 34°41'43", and a chord distance of75.14 feet; Zone No 2922-A THENCE West 12.59 feet; THENCE North 265.70 feet to the PLACE OF BEGINNING and containing 0.99 acres ofland including any Right of Way. TRACT C: Zoning change from R-1 Specific Use with reduced set back to R-1 Metes and Bounds Description of a 8.74 acre tract out of Section 16, Block E- 2, Lubbock County, Texas, further described as follows: BEGINNING at a point for the Southeast corner of this tract, from whence the Northeast corner of the South Half of Section 16, Block E-2 bears North 1331.42 feet and, East 1502.35 feet; THENCE S 89°56'37" W, 1561.20 feet; THENCE N 70°12'27" E, 113.51 feet; THENCE Northeasterly around a curve to the left, having a radius of 280.0 feet, on a chord bearing N 59°00' 13" E, through a central angle of 22°24'29", and a chord distance of 108.81 feet; THENCE N 47°47'59" E, 337.59 feet; THENCE Northeasterly around a curve to the right, having a radius of 220.0 feet, on a chord bearing N 68°53'59" E, through a central angle of 34°41 '43", and a chord distance of 158.40 feet; THENCE East 381.13 feet THENCE Southeasterly around a curve to the right, having a radius of 180.0 feet, on a chord bearingS 72°39'09n E, through a central angle of34°41'43", and a chord distance of 107.34 feet; THENCE S 55°18'17" E, 527.92 feet; THENCE Southeasterly around a curve to the left, having a radius of 80.0 feet, on a chord bearing S 72°40'50" E, through a central angle of 34°45'06", and a chord distance of 47.78 feet; THENCE South 30.0 feet to the PLACE OF BEGINNING and containing 8.74 acres ofland including any Right of Way. TRACT D: Zoning change from R-1 to A-2 (limited to a private Recreational Center) Zone Case No 2922-A Metes and Bounds Description of a 13.78 acre tract out of Section 16, Block E-2, Lubbock County, Texas, further described as follows: BEGINNING at a point for the Southeast corner of this tract, from whence the Southeast corner of Section 16, Block E-2 bears South 27.5 feet and, N 89°56'56" E, 1070.72 feet; THENCE 89°56'56" W, 1206.34 feet; THENCE North 207.13 feet; THENCE East 85.29 feet; THENCE N 30°00'00" W, 51.40 feet; THENCE N 45°00'00" E, 99.15 feet; THENCE East 81.99 feet; THENCE N 45°00'00" E, 47.58 feet; THENCE North 197.36 feet; . THENCE East 961.01 feet; THENCE South 551.68 feet to the PLACE OF BEGINNING and containing 13.78 acres of land including any Right of Way TRACT E: Zoning change from R-1 to R-1 Specific Use for Garden Homes Metes and Bounds Description of a 1.01 acre tract out of Section 16, Block E- 2, Lubbock County, Texas, further described as follows: BEGINNING at a point for the Southeast corner of this tract, from whence the Southeast corner of Section 16, Block E-2 bears South 258.25 feet and, N 89°56'56" E, 2277.06 feet; THENCE West 136.0 feet; THENCE North 322.0 feet; THENCE East 136.0 feet; THENCE South 322.0 feet to the PLACE OF BEGINNING and containing 1- 01 acres of land including any Right ofWay. TRACT F: Zoning change from R-1 to R-1 Specific Use for Garden Homes Zone Case No 2922-A Metes and Bounds Description of a 1.32 acre tract out of Section 16, Block E- 2, Lubbock County, Texas, further described as follows: BEGINNING at a point for the Southeast corner of this tract, from whence the Southeast corner of Section 16, Block E-2 bears South 579.33 feet and, N 89°56'56" E, 1238.72 feet; THENCE West 424.0 feet; THENCE North 136.0 feet; THENCE East 424.0 feet; THENCE South 136.0 feet to the PLACE OF BEGINNING and containing 1.32 acres ofland including any Right of Way. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That Tract A shall be zoned R-1 Specific Use for Garden Homes. (a) The front set back for any home on a lot adjacent to a cul-de- sac shall be a minimum of five feet, except that any garage shall have a twenty-foot front set back. 2. That Tract B shall be zoned R-1 Specific Use for reduced set back. (a) A minimum front set back shall be 20 feet. 3. That Tract C shall be zoned R-1. 4. That Tract D shall be zoned A-2 limited to private recreational center. 5. That Tract E shall be zoned R-1 Specific Use for Garden Homes. 6. That Tract F shall be zoned R-1 Specific Use for Garden Homes. 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 R-1 and 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) and 29-24 (c) (2) of Codified Zoning Ordinance No. 7084 on the property described as 28.57 acres of unplatted 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/1 00 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance ofthe City of Lubbock. Zone Case No 2922-A 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 25th day of April , 2002. ------ Passed by the City Council on second reading this 9th day of May 2002. ATTEST: ~s~ AP~ROYED ~=TO FO .. ~-~ J~ cY--<: c:_:::.;Y c~&~a.-~--- Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC<<ZoneCaseNo».ORD Ccdocs/4/16/2002 Zone Case No 2922-A