HomeMy WebLinkAboutOrdinance - 2002-O0128 - Amending Zoning Ordinance Making Changes: Case 2895-A; Duplexes, Church, Offices - 11/21/2002First Reading
November 21, 2002
Item No. 41
Second Reading
December 12, 2002
Item No. 20
ORDINANCE NO. 2002-D0128
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2895-A; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO R-2 SPECIFIC USE (FOR DUPLEXES WITH 20-FOOT FRONT
SETBACKS ON A 2.62-ACRE TRACT OF LAND), A-2 (FOR A CHURCH OR
APARTMENTS ON A 5.97-ACRE TRACT OF LAND), AND GO (FOR
PROFESSIONAL OFFICES ON A 3.16-ACRE TRACT OF LAND), ZONING
OUT OF SECTION 28, 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 du1y
presented to the Planning and Zoning Commission for its recommendation which was
received by the City Council and, after due consideration, the City Council found 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 compiled with, including giving notices
in compliance with Section 29-24 (c )(24) for the R-2 Specific Use, 29-10 for the A-2 and
29-13.1 for the GO ofthe Code of Ordinances, City ofLubbock, 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 such proposed amendment, and the
public hearing according to said notice, was 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 by the City Council determined 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 Ordinances 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. 2895-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 29-24 (24) of the Code of
Ordinances of the City of Lubbock from R-1 Specific Use to R-2 Specific Use
(for duplexes with 20-foot front setbacks on a 2.62-acre tract of land), A-2
(for a church or apartments on a 5.97-acre tract of land), and GO (for
professional offices on a 3.16-acre tract of land), zoning out of Section 28,
Block AK, City of Lubbock, Lubbock County, Texas, and located South of 82"d
Street and East of Milwaukee Ave. Subject to the following conditions and
being further described as follows:
Tract R-2 Specific Use
METES AND BOUNDS description on a 2.62 acre tract out of Section 28,
Block A-K, Lubbock County, Texas, further described as follows:
Beginning at a point from whence the Northwest corner of Section 28, bears
North 0°05'08" East, 55 feet and North 89°54'52" West 757.44 feet;
THENCE South, 89°54'52'' East, 603.46 feet;
THENCE South, 659.1 feet;
THENCE South, 190.00 feet;
THENCE West, 600.39 feet;
THENCE North, 164.49 feet;
THENCE West, 3.00 feet;
THENCE North, 25.51 feet;
THENCE East, 603.46 feet to the PLACE OF BEGINNING and containing
2.62 acres including any Right of Way.
Tract A-2
METES AND BOUNDS description on a 5.97 acre tract out of Section 28,
Block A-K, Lubbock County, Texas, further described as follows:
Beginning at a point from whence the Northwest corner of Section 28, bears
North 0°05'08" East, 55 feet and North 89°54'52" West, 757.44 feet;
THENCE South 89°54'52" East, 603.46 feet;
THENCE South, 659.1 feet;
THENCE North 89°54'52" West, 603.46 feet;
THENCE North, 380.00 feet;
THENCE North 89°54'52" East, 215.00 feet;
THENCE North, 80.00 feet;
Zone Case No. 2895-A
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THENCE North 89°54'52" West, 388.46 feet;
THENCE South, 459.00 feet to the PLACE OF BEGINNING and containing
5.97 acres including any Right of Way.
Tract GO
METES AND BOUNDS description on a 3.16 acre tract out of Section 28,
Block A-K, Lubbock County, Texas, further described as follows:
Beginning at point from whence the Northwest corner of Section 28 bears
North 0°05'08" East, 55 feet and North 89°54'52" West, 757.44 feet;
THENCE South 89°54'52" East, 603.46 feet;
THENCE South, 200.00 feet;
THENCE North 89°54'52" West, 388.46 feet;
THENCE South, 80.00 feet;
THENCE North 89°54'52" West, 215.00 feet;
THENCE North 280.00 feet to the PLACE OF BEGINNING and containing
3.16 acres including any Right of Way.
SUBJECT TO THE FOLLOWING CONDITION:
1. The R-2 Specific Use lots shall be allowed a twenty-foot front setback
and, on corner lots, a five-foot side setback for both the structure and the
side yard fence on the side adjacent to the street shall be minimum.
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 Specific Use 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 a 2.62
acre tract out of Section 28, Block A-K, City of Lubbock, Lubbock County, Texas
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by fine not to exceed Two Thousand and Noll 00 Dollars
Zone Case No. 2895-A
page-3 of4
($2,000.00) as provided m 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 ofthis Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 21st:day of Nov. , 2002.
Passed by the City Council on second reading this 12th day of ......;c._;:..;;;..;:._, 2002.
ATTEST:
'18--~ ..£~ ~..,..--Recca Garza, City Secretary ZS
APPROVED AS TO CONTENT:
~~~
Senior Planner
APPROVED AS TO FORM:
___ __t;;:7 ___
Linda L. Chamales, Supervising Attorney
Office Practice
Ttklwllx:s<ZC2895·A
November t2, 2002
Zone Case No. 2895-A
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