HomeMy WebLinkAboutOrdinance - 2004-O0008 - Amending Zoning Ordinance: Case 2939-A For Reduced Setbacks - 01/08/2004First Reading
January 8 11 2004
Item No. 40
ORDINANCE NO. 2004-oOOOS
Second Reading
January 2211 2004
Item No. 19
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2939-A; A ZONING CHANGE FROM R-1, R-2
AND IHC TO R-1 AND R-2 SPECIFIC USE (FOR REDUCED SETBACKS), A-2,
AM, C-2 AND C-3 ON 223 ACRES OUT OF SECTION 3, BLOCK D-6,
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), ahd 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:
I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I
ZONE CASE NO. 2939-A
1~ SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
il amended as follows:
A change of zoning from T and R-1 with conditions, to R-1 and R-2 Specific
Use for reduced setbacks, A-2, AM, C-2 and C-3 under provisions of Sections
29-29 and 29-24 of the Code of Ordinances of the City of Lubbock on 223 acres
of unplatted land out of Section 3, Block D-6, City of Lubbock, Lubbock
County, Texas, located west ofFM 179 [lnler Avenue] between 4th Street and
19th Street, subject to conditions, and being further described as follows:
II
METES AND BOUNDS DESCRIPTION: Attached as Exhibits A, B, C, D, E
and F.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT for the R-1 Specific Use and the R-2 Specific Use portions:
a. A minimum twenty-foot of front setback on regular lots.
b. A minimum of five feet of front setback on cui de sac lots with
the exception of garages, which must have a minimum of twenty
feet of setback.
c. A minimum of five foot of side setback from side streets corner
lots.
d. When alleys are paved and access to the garages is from that
alley, the backyard fence adjacent to side streets shall meet the
same five-foot setback as the home.
2. THAT on the C-3 and the A-2 areas, a traffic management plan (curb
cuts) shall be reviewed by the Planning Commission prior to issuance of
a construction permit.
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 I within thirty (30) months of the effective date of the zone change or all undeveloped
1 property shall automatically revert back to the previous zoning classification, which in
this case is the R-1, R-2 and IHC 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 I provision of Sections 29-24 (c) (24) of Codified Zoning Ordinance No. 7084 on the
property described as 223 acres out of Section 3, Block D-6, 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
j 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
i of this Ordinance shall not be affected thereby.
I SECTION 5. THAT the City Secretary is hereby authorized to cause
. publication of the descriptive caption of this Ordinance as an alternative method
I provided by law.
i I I,
11
Zone Case No. 2939-A
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 8th day of __ J.....,.an_ua....,.....,.ry..£.-__ , 2004.
ATTEST:
·APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
-·-~ ~ .....-?~· .cP L-~~ .. ~-~ ~I ·.. ~~
, Linda L. Chamales I Supervising Attorney Office Practice
I as/ cityatt/Linda/ZoneCases/ZC2939-A
, December 4, 2003
I I.
Zone Case No. 2939-A
page-3 of3
04.
L, MAYOR
Ordinance No. 2004-QOOOS
Exhibit "A''
R-1 SPECIFIC USE-REDUCED SET-BACKS
METES AND BOUNDS DESCRIPTION for a 78.3 acre tract of land located in Section 3, Block D-6, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the East line of Section 3, Block D-6, which bears South an approximate distance of
1584 feet from the Northeast corner of Section 3, Block D-6;
THENCE South, along the East line of Section 3, Block D-6, an approximate distance of 2744 feet;
THENCE West an approximate distance of 933 feet;
THENCE N. 03°41' W. an approximate distance of 159 feet;
THENCE N. 16°20' W. an approximate distance of 150 feet;
THENCE N. 30°42' W. an approximate distance of 200 feet;
THENCE N. 35°37' W. an approximate distance of 200 feet;
THENCE N. 21 °33' W. an approximate distance of 200 feet;
THENCE N. 07°11' W. an approximate distance of 200 feet;
THENCE North an approximate distance of 184 feet;
THENCE West an approximate distance of 442 feet;
THENCE North an approximate distance of 121 feet;
THENCE N. 45° W. an approximate distance of 167 feet to a point in the East line of that railroad right-of-way
described in Volume 6645, Page 286, Real Property Records of Lubbock County, Texas;
THENCE N. 45° E., along the East line of said described railroad right-of-way, an approximate distance of 1766
feet to a point of curvature;
THENCE Northeasterly, along the East line of said described railroad right-of-way, around a curve to the left,
said curve having an approximate radius of 1960 feet, an approximate central angle of or33', approximate
tangent lengths of 129 feet, and an approximate chord distance of 258 feet to a point of intersection;
THENCE East an approximate distance of 137 feet;
THENCE South an approximate distance of 65 feet;
THENCE S. 45" E. an approximate distance of 110 feet;
THENCE East an approximate distance of 229 feet to the Point of Beginning.
FOR ZONING PURPOSES ONLY.
DOES NOT REPRESENT AN ACTUAL SURVEY UPON THE GROUND.
PREPARED DECEMBER 2, 2003
R-1 SPECIFIC USE-REDUCED SET-BACKS
. METES AND BOUNDS DESCRIPTION for a 68.9 acre tract of land located in Section 3, Block D-6, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the West line of the East half of Section 3, Block D-6, which bears South an
approximate distance of 671 feet from the Northwest comer of the East half Section 3, Block D-6;
THENCE East an approximate distance of 176 feet;
THENCE N. 83°34' E. an approximate distance of 188 feet;
THENCE N. 75°50' E. an approximate distance of 221 feet;
THENCE S. 86°35' E. an approximate distance of 174 feet;
THENCE S. 71°21' E. an approximate distance of 173 feet;
THENCE S. 63°44' E. an approximate distance of 1164 feet;
THENCE N. 26°16' E. an approximate distance of 257 feet;
THENCE S. 63°44' E. an approximate distance of 267 feet to a point of intersection in the West line of that
railroad right-of-way described in Volume 6645, Page 286, Real Property Records of Lubbock County, Texas;
THENCE Southwesterly, along the West line of said described railroad right-of-way, around a curve to the right,
said curve having an approximate radius of 1860 feet, an approximate central angle of 19°12', approximate
tangent lengths of 315 feet, and an approximate chord distance of 620 feet to a point of tangency;
THENCE S. 45° W ., along the West line of said described railroad right-of-way, an approximate distance of
1478 feet;
THENCE N. 63°44' W. an approximate distance of 441 feet;
THENCE West an approximate distance of 513 feet to a point in the West line of the East half of Section 3,
Block D-6;
THENCE North, along the West line of the East half of Section 3, Block D-6, an approximate distance of 17 49
feet to the Point of Beginning.
FOR ZONING PURPOSES ONLY.
DOES NOT REPRESENT AN ACTUAL SURVEY UPON THE GROUND.
PREPARED NOVEMBER 13, 2003
Ordinance No. 2004-GOOOS
Exhibit "B"
R-2 Specific Use
METES AND BOUNDS DESCRIPTION for a 7.0 acre tract of land located in Section 3, Block D-6, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the East line of Section 3, Block D-6, which bears South an approximate distance of
4328 feet from the Northeast corner of Section 3, Block D-6;
THENCE South, along the East line of Section 3, Block D-6, an approximate distance of 316 feet;
THENCE West an approximate distance of 1026 feet;
THENCE N. 23°14' E. an approximate distance of 166 feet;
THENCE N. 09°38' E. an approximate distance of 166 feet;
THENCE East an approximate distance of 933 feet to the Point of Beginning.
FOR ZONING PURPOSES ONLY.
DOES NOT REPRESENT AN ACTUAL SURVEY UPON THE GROUND.
PREPARED December 3, 2003
R-2 Specific Use
METES AND BOUNDS DESCRIPTION for a 5.3 acre tract of land located in Section 3, Block D-6, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point which bears West an approximate distance of 565 feet and South an approximate
distance of 942 feet from the Northeast corner of Section 3, Block D-6;
THENCE S. 26"16' W. an approximate distance of 257 feet;
THENCE N. 63°44' W. an approximate distance of 875 feet;
THENCE N. 17°02' E. an approximate distance of 188 feet;
THENCE N. 05°45' E. an approximate distance of 76 feet;
THENCE S. 63°44' E. an approximate distance of 932 feet to the Point of Beginning.
FOR ZONING PURPOSES ONLY.
DOES NOT REPRESENT AN ACTUAL SURVEY UPON THE GROUND.
PREPARED December 3, 2003
R-2 Specific Use
METES AND BOUNDS DESCRIPTION for a 2.5 acre tract of land located in Section 3, Block D-6, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the East line of Section 3, Block D-6, which bears South an approximate distance of
1264 feet from the Northeast corner of Section 3, Block D-6;
THENCE South, along the East line of Section 3, Block D-6, an approximate distance of 320 feet;
THENCE West an approximate distance of 229 feet;
THENCE N. 45" W. an approximate distance of 110 feet;
THENCE North an approximate distance of 65 feet;
THENCE West an approximate distance of 137 feet to a point of intersection in the East line of that railroad
right-of-way described in Volume 6645, Page 286, Real Property Records of Lubbock County, Texas;
THENCE Northeasterly, along the East line of said described railroad right-of-way, around a curve to the left,
said curve having an approximate radius of 1960 feet, an approximate central angle of 06°15', approximate
tangent lengths of 107 feet, and an approximate chord distance of 214 feet to a point of intersection;
THENCE East an approximate distance of 323 feet to the Point of Beginning.
FOR ZONING PURPOSES ONLY.
DOES NOT REPRESENT AN ACTUAL SURVEY UPON THE GROUND.
PREPARED December 3, 2003
Ordinance No. 2004-oooos
Exhibit "C"
A-2
METES AND BOUNDS DESCRIPTION for an 18.8 acre tract of land located in Section 3, Block D-6, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point at the Northwest corner of the East half of Section 3, Block D-6;
THENCE East, along the North line of Section 3, Block D-6, an approximate distance of 1248 feet;
THENCE South an approximate distance of 420 feet;
THENCE S. 05°45' W. an approximate distance of 188 feet;
THENCE S. 17°02' W. an approximate distance of 188 feet;
THENCE N. 63°44' W. an approximate distance of 289 feet;
THENCE N. 71°21' W. an approximate distance of 173 feet;
THENCE N. 86°35' W. an approximate distance of 174 feet;
THENCE S. '75°50' W. an approximate distance of 221 feet;
THENCE S. 83°34' W. an approximate distance of 188 feet;
THENCE West an approximate distance of 176 feet to a point in the West line of the East half of Section 3,
Block D-6;
THENCE North, along the West line of the East half of Section 3, Block D-6, an approximate distance of 671
feet to the Point of Beginning.
FOR ZONING PURPOSES ONLY.
DOES NOT REPRESENT AN ACTUAL SURVEY UPON THE GROUND.
PREPARED NOVEMBER 13,2003
Ordinance No. 2004-oooos
Exhibit "D"
AM
METES AND BOUNDS DESCRIPTION for a 15.9 acre tract of land located in Section 3, Block D-6, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the West line of the East half of Section 3, Block D-6, which bears South an
approximate distance of 2420 feet from the Northwest corner of the East half Section 3, Block D-6;
THENCE East an approximate distance of 513 feet;
THENCE S. 63"44' E. an approximate distance of 441 feet to a point in the West line of that railroad right-of-way
described in Volume 6645, Page 286, Real Property Records of Lubbock County, Texas;
THENCE S. 45" W ., along the West line of said described railroad right-of-way, an approximate distance of 363
feet to a point of curvature;
THENCE Southwesterly, along the West line of said described railroad right-of-way, around a curve to the left,
said curve having an approximate radius of 1960 feet, an approximate central angle of 44 "37', approximate
tangent lengths of 804 feet, and an approximate chord distance of 1488 feet to a point of intersection;
THENCE West an approximate distance of 77 feet to a point in the West line of the East half of Section 3, Block
D-6;
THENCE North, along the West line of the East half of Section 3, Block D-6, an approximate distance of 1825
feet to the Point of Beginning.
FOR ZONING PURPOSES ONLY.
DOES NOT REPRESENT AN ACTUAL SURVEY UPON THE GROUND.
PREPARED NOVEMBER 13,2003
Ordinance No. 2004-QOOOS
Exhibit "E"
C-2
METES AND BOUNDS DESCRIPTION for a 3.1 acre tract of land located in Section 3, Block D-6, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the East line of Section 3, Block D-6, which bears South an approximate distance of
250 feet from the Northeast corner of Section 3, Block D-6;
THENCE South, along the East line of Section 3, Block D-6, an approximate distance of 1014 feet;
THENCE West an approximate distance of 323 feet to a point of intersection in the East line of that railroad
right-of-way described in Volume 6645, Page 286, Real Property Records of Lubbock County, Texas;
THENCE Northeasterly, along the East line of said described railroad right-of-way, around a curve to the left,
said curve having an approximate radius of 1960 feet, an approximate central angle of 31 °10', approximate
tangent lengths of 547 feet, and an approximate chord distance of 1053 feet to a point of intersection;
THENCE East an approximate distance of 40 feet to the Point of Beginning.
FQR ZOI\IJ~53 PURPOSES ONLY. '~ '! : ~-' • ' ( _\ -1
'odES NOT REPRESENT AN ACTUAL SURVEY UPON THE GROUND.
PREPARED NOVEMBER 13,2003
Ordinance No. 2004-oooos
·Exhibit "F''
C-3
METES AND BOUNDS DESCRIPTION for a 22.9 acre tract of land located in Section 3, Block D-6, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the North line of Section 3, Block D-6, same being in the West line of that railroad
right-of-way described in Volume 6645, Page 286, Real Property Records of Lubbock County, Texas, which
bears West an approximate distance of 140 feet from the Northeast corner of Section 3, Bloc~ D-6;
THENCE South, along the West fine of said described railroad right-of-way, an approximate distance of 250 feet
to a point of curvature;
THENCE Southwesterly, along the West fine of said described railroad right-of-way, around a curve to the right,
said curve having an approximate radius of 1860 feet, an approximate central angle of 25° 48', approximate
tangent lengths of 426 feet, and an approximate chord distance of 830 feet to a point of intersection;
THENCE N. 63°44' W. an approximate distance of 1199 feet;
THENCE N. 05°45' E. an approximate distance of 112 feet;
T.HENCE North an approximate distance of 420 feet to a point in the North line of Section 3, Block D-6;
>-t . ~· .. -' -: '
THEt\fcE East, along the North line of Section 3, Block D-6, an approximate distance of 1249 feet to the Point of
Beginning.
FOR ZONING PURPOSES ONLY.
DOES NOT REPRESENT AN ACTUAL SURVEY UPON THE GROUND.
PREPARED NOVEMBER 13, 2003