HomeMy WebLinkAboutOrdinance - 2003-O0116 - Amending Zoning Ordinance Making Changes: Case 2983; 30.18 Acres - 10/23/2003First Reading
October 23, 2003
Item No. 42
ORDINANCE NO. 2003--00116
Second Reading
November 6, 2003
Item No. 20
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2983; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR REDUCED SETBACK ON 30.18 ACRES OF UNPLATTED
LAND OUT OF THE SOUTH HALF OF SECTION 19 AND OF SECTION 20,
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 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 complied 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 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. 2983
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from T to R-1 Specific Use for a reduced setback under
provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock
on 30.18 acres of unplatted land out of the south half of Section 19 and of
Section 20, Block E-2, City of Lubbock, Lubbock County, Texas, located
south of 108th Street between Canton A venue and Flint A venue, subject to
conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION of a 30.181 acre tract of land out of
the South Half (S/2) of Section 19 and the South Half (S/2) of Section 20, Block
E-2:
BEGINNING at a found iron pipe with cap at the Southeast corner of the Plat
limits of Tract 1, Cooper School Addition for a corner of this tract from whence
the Northwest corner of the S/2 of Section 19 bears West 1910.97 feet and
North 705 .38 feet:
THENCE North 32 feet to a point in the center of 108th Street going West;
THENCE N 89°58'42" E. along the proposed centerline of 108th Street,
1509.75 feet to a point in the center of 108th Street going East;
THENCE S 00°CB '06" W. a distance of 32.00 feet to found ½" rod with orange
cap marked RPLS 4460;
THENCE Southeasterly around a curve to the right, through a central angle of
90°03'06", having a radius of 15 feet, an arc distance of 23.58 feet, a chord
bearing of S 44° 58' 27" E., and a chord distance of 21.22 feet to a found½"
rod with orange cap marked RPLS 4460 at a point of tangency;
THENCE S 0°03'05" W. along the West Right of Way line of Canton Avenue,
a distance of 590.99 feet to a found 1/2" rod with orange cap marked RPLS
4460 at the Southwest corner of the Plat Limits of Lots 65-144 Sunrise Estates;
THENCE East 26 feet to a set ½" rod with cap marked RPLS 4460 in the center
of Canton A venue going North;
THENCE South, a distance of 204.57 feet to a set ½" rod with cap for the
Southeast corner of this tract;
THENCE West, a distance of 1582.19 feet to a set ½"rod with cap for the
Southwest corner of this tract;
THENCE North, a distance of 810.00 feet;
THENCE East, 32 feet to the PLACE OF BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT front setback for standard lots shall be no less than fifteen feet.
Zone Case No. 2983
page-2 of 4
2. THAT side setback for homes on corner lots shall be a minimum of five
feet.
3. THAT the setback of any fence adjacent to Flint Avenue and Elgin
A venue shall be five feet.
4. THAT homes on corner lots adjacent to Elgin Avenue shall not have
any portion of the structure in the twenty-five foot vision triangle.
5. THAT no parking pads will be permitted in the front yard of any home
unless a portion of the front yard allows placement of a twenty foot
parking pad.
6. THAT the minimum setback on cul de sac lots shall be five feet.
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 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) of Codified Zoning Ordinance No. 7084 on the property described as 30.18
acres of unplatted land out of the south halves of Sections 19 and 20, 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 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.
Zone Case No. 2983
page-3 of 4
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23m day of October , 2003. ------
ATTEST:
APPROVED AS TO CONTENT:
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APPROVED AS TO FORM:
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Linda L. Chamales, Supervising Attorney
Office Practice Section
ke/ccdcos/ZC2983
October 13, 2003
Zone Case No. 2983
page-4 of 4
L, MAYOR