HomeMy WebLinkAboutOrdinance - 2003-O0053 - Amending Zoning Ordinance To Make Changes: Case 2973 Duplexes - 05/22/2003First Reading
May 22,. 2003
Item No. 44
ORDINANCE NO. 2003-00053
Second Reading
June 12,. 2003
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 NO. 2973; A ZONING CHANGE FROM R-1 TO A-1
SPECIFIC USE FOR DUPLEXES ON AN UNPLATTED 62.23 ACRE TRACT OF
LAND OUT OF SECTION 6, BLOCK JS, 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. 2973
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1 to A-1 Specific Use for duplexes under provisions
of Section 29-24 of the Code of Ordinances of the City of Lubbock on an
unplatted 63 acre tract of land out of Section 6, Block JS, City of Lubbock,
Lubbock County, Texas, located north of Erskine Street and east of Chicago
Ave., subject to conditions, and being further described as follows:
BEGINNING at a point in the proposed North line of Erskine Street for the most
Southerly Southwest and beginning comer of this tract, whence a railroad spike
found for the Southwest comer of the Southeast Quarter (S.E. ¼) of said Section
6, Block JS, bears North 89°59'20" West, 180.15 feet and South 00°02'01" West,
55.00 feet;
THENCE South 89°59'20" East, along the proposed North line of said Erskine
Street, 1127 .67 feet to a point in the proposed West line of a 20 foot alley for the
most Southerly Southeast comer of this tract;
THENCE North 44°58'46" East, along the proposed West line of said 20 foot
alley, 14.13 feet to a point for a comer of this tract;
THENCE North 00°03 '08" West, along the proposed West line of said 20 foot
alley 871.52 feet to a point in the South line of Harvard Street for a comer of this
tract;
THENCE West, along the proposed South line of said Harvard Street, 175.87 feet
to a point in the proposed West line of Albany A venue for a comer of this tract;
THENCE West, along the proposed West line of said Albany A venue, 1619. 71
feet to a point for a comer of this tract;
THENCE Northeasterly, along the arc of a curve to the right and along the
proposed West line of said Albany A venue, an arc distance of 29. 72 feet to a
point for a comer of this tract, said curve has a radius of 50.00 feet, a central angle
of34°03'21", and a chord bearing and distance of North 72°58'20" East, 29.28
feet;
THENCE North, 20.00 feet to a point for Northeast comer of this tract;
THENCE North 89°54'49" West, 1137.00 feet to a point in the proposed East line
of Chicago Avenue for the Northwest comer of this tract;
THENCE South, along the proposed East line of said Chicago Avenue, 708.00
feet to a point in the proposed North line of Kemper Street for a comer of this
tract;
THENCE East, along the proposed North line of said Kemper Street, 138.00 feet
to a point for a comer of this tract;
THENCE South, 1813 .30 feet to a point in the East line of a proposed 20 foot
alley for a comer of this tract;
THENCE South 44 °59' 40" East, along the proposed East line of said 20 foot
alley, 14.14 feet to the Point of Beginning.
CONTAINING an area of 62.23 acres of land.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. A 20-foot front setback on regular lots.
b. A minimum 5-foot setback for cul de sac lots except that drives shall be a
minimum setback of 20 feet.
Zone Case No. 2973
page-2 of 4
c. A minimum 5-foot setback from side streets on comer lots.
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 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 an unplatted 63 acre
tract of land out of Section 6, Block JS, 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:
£ &,.!) ..c.. <. ... ' ~----R~ ca Garza, City Secretary ~
RandyHenso
Zone Case No. 2973
page-3 of 4
Linda L. Chamales, Supervising Attorney
Office Practice
sh/cityatt/Linda/ZoneCasesfZC2255-L& CCDOC/ZC2973
May?, 2003
Zone Case No. 2973
page-4 of 4