HomeMy WebLinkAboutOrdinance - 2002-O0140 - Amending Zoning Ordinance Making Change: Case 2178-F; Highland Gardens Addt. - 12/19/2002First Reading
December 19, 2002
Item No. 34
ORDINANCE NO. 2002-00140
Second Reading
January 9, 2003
Item No. 13
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2178-F; A ZONING CHANGE FROM R-1, R-1
SPECIFIC USE AND A-1 TO R-1 SPECIFIC USE FOR 15 FOOT FRONT
SETBACKS ON REGULAR LOTS, 5-FOOT FRONT SETBACKS ON CUL-DE-SAC
LOTS AND 5-FOOT SETBACKS ON CORNER LOTS ON PROPOSED LOTS 89
THROUGH 190, IDGHLAND GARDENS ADDITION, 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 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) 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 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. 2178-F
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1, R-1 Specific Use and A-1 TO R-1 Specific Use,
under provisions of Section 29-24 (c) (24) of the Code of Ordinances of the City
of Lubbock for homes with a 15 foot setback on regular lots, 5-foot from setbacks
on cul-de-sac lots and 5-foot side setbacks on comer lots on proposed Lots 89
through 190, Highland Gardens Addition, City of Lubbock, Lubbock County,
Texas, located South of 105th Street and West of Indiana Avenue, subject to
the following conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION for the plat limits of Lots 89 through
190, Highland Gardens, an addition to the City ofLubbock, Lubbock County,
Texas, being further described as follows:
BEGINNING at a cut cross in the Northwest comer ofTract "A", L.P. & L. South
Substation Addition to the City of Lubbock, Lubbock County, Texas, as shown
upon the map, plat and/or dedication deed recorded in Volume 3752, Page 210 of
the Real Property Records of Lubbock County, Texas, same point being in the
South right-of-way line of 105th Street, which bearsS. 00°00'25" W. a distance of
2345.00 feet and West a distance of655.00 feet from the Northeast comer of
Section 18, Block E-2, Lubbock County, Texas;
THENCE South, along the West line of said Tract "A", a distance of298.61 feet
to a 112" rod with cap set in the North right-of-way line of a 20 foot alley;
THENCE N. 89°58'30" W., along the North line of said alley, a distance of
1983.29 feet to a point that is the Southwest comer of this tract, same point being
the Southeast comer of a tract ofland described in Volume 1286, Page 154, Deed
Records of Lubbock County, Texas;
THENCE North, along the East line of said described tract, a distance of 919.7 4
feet to a point that is the Northwest comer of this tract, same point being in the
East line of a tract ofland described in Volume 1286, Page 154, Deed Records of
Lubbock County, Texas;
THENCE East, at 42.00 feet pass a 1/2" rod with cap set in the South right-of-way
line of a 20 foot alley, continuing along the South line of said alley, for a total
distance of 781.29 feet to a 1/2" rod with cap set in the South line of said alley
THENCE S. 45°00'00"E. a distance of 14.14 feet to a 1/2" iron rod with cap set in
the West right-of-way line of a 20 foot alley;
THENCE South, along the West line of said alley, a distance of 272.00 feet to a
1/2" iron rod with cap set in the West line of said alley;
THENCE S. 45°00'00" W. a distance of 14.14 feet to a 1/2" iron rod with set in
the North right-of-way line of a 20 foot alley;
THENCE West, along the North line of said alley, a distance of 103.00 feet to a
1/2 " iron rod with cap set in the North line of said alley;
THENCE N. 45°00'00" W. a distance of 14.14 feet to a 1/2" iron rod with cap set
in the East right-of-way line ofLynnhaven Avenue;
THENCE East a distance of 52.00 feet to a 112" rod with cap set in the West right-
of-way line of Lynnhaven A venue;
Zone Case No. 2178-F
page-2 of6
THENCE S. 45°00'00" W. a distance of 14.14 feet to a 112" iron rod with cap set;
THENCE South a distance of20.00 feet to a 1/2" iron rod with cap set;
THENCE S. 45°00'00" E. a distance of 14.14 feet to a 1/2" iron rod with cap set in
the West right-of-way line ofLynnhaven Avenue;
THENCE South, along the West right-of-way line ofLynnhaven Avenue, a
distance of95.00 feet to a 1/2" iron rod with cap set for a point of curvature in the
West right-of-way line ofLynnhaven Avenue;
THENCE Southwesterly around a curve to the right, said curve having a radius of
15.00 feet, a central angle of90°, tangent lengths of 15.00 feet and a chord
distance of21.21 feet to a 112" iron rod with cap set for a point of tangency in the
North right-of-way line of 105th Street;
THENCE South a distance of 56.00 feet to a 1/2" iron rod with cap set for a point
of curvature in the South right-of-way line of 1 osth Street;
THENCE Southeasterly around a curve to the right, said curve having a radius of
15.00 feet, a central angle of90°, tangent lengths of 15.00 feet and a chord
distance of21.21 feet to a 112" iron rod with cap set for a point of compound
curvature in the West right-of-way line ofLynnhaven Avenue;
THENCE Southwesterly around a curve to the right, said curve having a radius of
205.91 feet, a central angle of27°52'07", tangent lengths of 51.09 feet and a chord
distance of 99.17 feet to a 112" iron rod with cap set for a point of intersection in
the West right-of-way line ofLynnhaven Avenue;
THENCE S. 59°29'32" W. a distance of 17.23 feet to a 1/2" iron rod with cap set
in the North right-of-way line of a 20 foot alley;
THENCE S. 26°30'26" W. a distance of22.35 feet to a 1/2" iron rod with cap set
in the South right-of-way line of said alley;
THENCE S. 33°32'37" E. a distance of 11.05 feet to a 1/2" iron rod with cap set in
the West right-of-way line ofLynnhaven Avenue;
THENCE N. 89°32'16" E. a distance of 57.44 feet to a 112" iron rod with cap set
in the East right-of-way line ofLynnhaven Avenue;
THENCE N. 59°29'32" E. a distance of 17.23 feet to a 112" iron rod with cap set
in the South right-of-way line of a 20 foot alley;
THENCE East, along the South right-of-way line of said alley, a distance of
579.27 feet to a 1/2" iron rod with cap set in the South right-of-way line of said
alley;
Zone Case No. 2178-F
page 3 of6
THENCE S. 45°00'00" E. a distance of 14.14 feet to a 112" iron rod with cap set in
the West right-of-way line ofKnoxville Avenue;
THENCE East a distance of 52.00 feet to a 1/2" iron rod with cap set in the East
right-of-way line ofKnoxville Avenue;
THENCE N. 45°00'00" E. a distance of 14.14 feet to a 1/2" iron rod with cap set
in the South right-of-way line of a 20 foot alley;
THENCE East, along the South right-of-way line of said alley, a distance of
344.04 feet to a 1/2" iron rod with cap set in the South right-of-way line of said
alley;
THENCE S. 45°00'00" E. a distance of 14.14 feet to a 112" iron rod with cap set in
the West right-of-way line of 20 foot alley;
THENCE East a distance of 20.00 feet to a 112" iron rod with cap set in the East
right-of-way line of said alley;
THENCE North, along the East right-of-way line of said alley, a distance of
120.91 feet to a 1/2" iron rod with cap set in the East right-of-way line of said
alley;
THENCE N. 5°45'06" E. a distance of 11.26 feet to a 112" iron rod with cap set in
the South right-of-way line of 1 05th Street;
THENCE Southeasterly around a curve to the right, said curve having a radius of
300.00 feet, a central angle of 14°49'02", tangent lengths of 39.01 feet and a chord
distance of77.37 feet to a 1/2" iron rod with cap set for a point of reverse
curvature in the South right-of-way line of 1 05th Street;
THENCE Southeasterly around a curve to the left, said curve having a radius of
356.00 feet, a central angle of37°16'32", tangent lengths of 120.07 feet and a
chord distance of227.54 feet to a 112" iron rod with cap set for a point of
tangency in the South right-of-way line of 105th Street;
THENCE East a distance of 20 feet to the POINT OF BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. A fifteen-foot front setback for standard lots.
b. A five-foot minimum setback on cul-de-sac lots.
c. A five-foot minimum setback from side streets on comer lots, including
the back yard fence adjacent to the side street.
Zone Case No. 2178-F
page 4 of6
d. No head in parking stalls will be permitted from the front street of any lot.
Circle drives may be constructed if parking will not encroach in the public
right of way.
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, R-1 Specific Use, and A-1 to R-1 specific use zone districts; 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 Lot 89 through 190, Highland Gardens Addition,
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 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.
ATTEST:
~f Q,!€A; L" b -~ ---
Rebecca Garza, City Secretary "'"t)
Zone Case No. 2178-F
page-5 of6
Linda L. Chamales, Supervising Attorney
Office Practice
MUcityatt/Linda/ZoneCases/ZC2178-F & CCDOC/ZC2178-F
December 9, 2002
Zone Case No.
page-6 of6