HomeMy WebLinkAboutOrdinance - 2003-O0036 - Amending Zoning Ordinance Making Changes: Case 2968; Carl Russell And Company - 04/24/2003First Reading
April 24, 2003
Item No. 39
ORDINANCE NO. 2003-00036
Second Reading
May 8, 2003
Item No. 22
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2968; A ZONING CHANGE FROM R-1 AND T TO
R-1 SPECIFIC USE, R-2 SPECIFIC USE, AND GO FOR CARL RUSSELL &
COMP ANY ON ON 45.2 ACRES OF UNPLATTED LAND OUT OF SECTION 17,
BLOCK E-2 (SOUTH OF 98TH STREET AND WEST OF MIAMI AVE.),
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 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. 2968
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1 and T to R-1 Specific Use, R-2 Specific Use, and
GO for provisions of Section 29-24 of the Code of Ordinances of the City of
Lubbock on on 45.2 acres of unplatted land out of Section 17, Block E-2, City
of Lubbock, Lubbock County, Texas, located at South of 98th Street and West
of Miami Ave., subject to conditions, and being further described as follows:
TRACT A: R-1 Specific Use
METES AND BOUNDS DESCRIPTION for a 34.6 acre tract located in Section
17, Block E-2, Lubbock County, Texas, being further described as follow~:
BEGINNING at a point which bears South, approximately 286.2 feet and West,
approximately 3000.0 feet from the Northeast comer of Section 17, Block E-2,
Lubbock County, Texas;
THENCE South, an approximate distance of 1476.0 feet;
THENCE West, an approximate distance of 1020.0 feet;
THENCE North, an approximate distance of 1476.0 feet;
THENCE East, an approximate distance of 1020.0 feet to the POINT OF
BEGINNING.
TRACT B: R-2 Specific Use
METES AND BOUNDS DESCRIPTION for a 5.6 acre tract located in Section
17, Block E-2, Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the East line of Section 17, Block E-2, which bears
South, approximately 948.0 feet from the Northeast comer of Section 17, Block
E-2, Lubbock County, Texas;
THENCE South, along the East line of Section 17, Block E-2, an approximate
distance of 813.9 feet;
THENCE West, an approximate distance of 300.0 feet;
THENCE North, an approximate distance of 813.9 feet;
THENCE East, an approximate distance of 300.0 feet to the POINT OF
BEGINNING.
TRACTC: GO
GO METES AND BOUNDS DESCRIPTION for a 5.0 acre tract located in
Section 17, Block E-2, Lubbock County, Texas, being further described as
follows:
BEGINNING at a point in the South right-of-way line of 98th Street which bears
South, approximately 55.0 feet and West, approximately 300.0 feet from the
Northeast comer of Section 17, Block E-2, Lubbock County, Texas;
THENCE South, an approximate distance of 231.2 feet;
THENCE West, an approximate distance of 1020.0 feet;
THENCE North, an approximate distance of 124.6 feet to a point in the South
right-of-way of 98th Street;
Zone Case No. 2968
page-2 of 4
THENCE N. 68°57'10" E., along the South right-of-way line of 98th Street,
around a curve to the rightm said curve having an approximate radius of 899.9
feet, and an approximate chord distance of 328.5 feet to a point of tangency;
THENCE East, along the South right-of-way line of 98th Street, an approximate
distance of 576.3 feet to the POINT OF BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. A minimum twenty-foot setback on regular R-1 and R-2 lots.
b. A minimum of five foot setback from side streets on comer R-1 and R-2
lots.
c. A minimum five foot setback on R-1 and R-2 cul de sac lots with the
exception of garages, which must have a minimum of twenty feet of
setback.
d. Prior to construction permits within the Garden Office area, the Planning
Commission shall review proposals for curb cuts. The objective will be to
reduce the total number of curb returns along 98t\ promoting shared curb
cuts, and keeping the interruption of traffic on 98th Street to a 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 and T 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 on 45.2
acres of unplatted land out of Section 17, Block E-2, 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
($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.
Zone Case No. 2968
page-3 of 4
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 24th day of ___ A-"-pr_1.._· l ___ ,, 2003.
Passed by the City Council on second reading this _8_t~_
ATTEST:
ecca Garza, City Secretary tS
n, Senior Planner
APPROVED AS TO FORM:
~ c:7 ~ ~
Linda L. Cham.ales, Supervising Attorney
Office Practice
sh/cityaWLinda/ZoneCases/ZC2255-L&c CCDOC/ZC2968
April 10, 2003
Zone Case No. 2968
page-4 of 4