HomeMy WebLinkAboutOrdinance - 2004-O0011 - Amending Ordinance To Make Changes: Case 2995 - 01/08/2004First Reading
January 8, 2004
Item Ho. 39
ORDINANCE NO. 2004-ooon
Second Reading
January 22, 2004
Item Ho. 22
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995; A ZONING CHANGE FROM T AND R-1 TO
R-1 AND R-2 SPECIFIC USE (FOR REDUCED SETBACKS), A-2, GO, C-2A, C-
2, C-3 AND IHI ON 542.02 ACRES OUT OF SECTIONS 29 AND 30, BLOCK
AK, 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, the 1986 Comprehensive Land Use Plan is a guide to help the
1 Lubbock Planning and Zoning Commission and City Council determine the physical
I development of the community; however, planning is a continuous process and change
is inevitable; and
WHEREAS, the Lubbock Planning and Zoning Commission and City Council
recognize that the zone change on R-1 is a minor deviation from the 1986
Comprehensive Land Use Plan and attempt to protect public and private commitments
that have been previously based on the Plan; 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 A valanche-Joumal 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 frrst reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2995
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
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, GO, C-2A, C-2, C-3 and liD under
provisions of Section 29-29 and 29-24 of the Code of Ordinances of the City of
Lubbock on 542.02 acres of unplatted land out of Sections 29 and 30, Block
AK, City of Lubbock, Lubbock County, Texas, located from lola Avenue to
Quincy Avenue between 66th Street and 82nd Street subject to conditions,
and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibits A, B, C, D, E,
F, G and H.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT in the R-1 Specific Use and R-2 Specific Use portions, the following
shall apply:
a. A minimum of twenty-foot of setback on regular lots.
b. A minimum of five feet of 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 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 for each of the areas zoned commercially, a traffic access plan (curb
cuts) shall be approved by the Planning Commission prior to a construction
permit being issued.
3. THAT for the Garden Office tract, the development shall be tied to the
proposed site plan with regard to proposed curb cuts, recognizing that some
repositioning may be required because of utility pole locations.
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
Zone Case No. 2995
page-2 of4
i
1 this case is the T and 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 Sections 29 and 30, Block AK, 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.
Passed by the City Council on first reading this 8th day of __ J_an_n_a_ry:!...__, 2004.
1 Passed by the City Council on second reading this __ _
I
ATTEST:
~~~-ReeCCa:Garza:city Secretary b
Zone Case No. 2995
page-3 of4
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Linda L. Chamales
Supervising Attorney Office Practice
as/ cityatt/LindaiZoneCases/ZC2995
December 15, 2003
Zone Case No. 2995
page-4 of4
Ordinance No. 2004-QOOII
Exhibit "A"
Rezone to R-1 Specific Use
METES AND BOUNDS DESCRIPTION of a 212.6 acre tract of land located in Section 29, Block AK, Lubbock County,
Texas, being further described as follows:
BEGINNING at a point in the West line of Section 29, Block AK, which bears South, approximately 757 feet from the
Northwest corner of Section 29, Block AK, Lubbock County, Texas;
THENCE East an approximate distance of 440 feet;
THENCE S. 45" E. an approximate distance of 214 feet;
THENCE N. 45° E. an approximate distance of 987 feet;
THENCE S. 45° E. an approximate distance of 1224 feet;
THENCE N. 45° E. an approximate distance of 248 feet;
THENCE N. 67"'30' E. an approximate distance of 156 feet;
THENCE East an approximate distance of 167 feet to a point in the East line of the West Half of Section 29, Block AK;
THENCE South, along the East line of the West Half of Section 29, Block AK, an approximate distance of 3605 feet;
THENCE West an approximate distance of 1605 feet;
THENCE South an approximate distance of 160 feet;
THENCE West an approximate distance of 317 feet;
THENCE North an approximate distance of 597 feet;
THENCE N. 45" W. an approximate distance of 377 feet;
THENCE S. 45° W. an approximate distance of 168 feet;
THENCE West an approximate distance of 335 feet to a point in the West line of Section 29, Block AK;
THENCE North, along the West line of Section 29, Block AK, an approximate distance of 1208 feet;
THENCE East an approximate distance of 1 064 feet;
THENCE North an approximate distance of 162 feet;
THENCE West an approximate distance of 514 feet;
THENCE North an approximate distance of 162 feet;
THENCE West an approximate distance of 550 feet to a point the West line of Section 29, Block AK;
THENCE North, along the West line of Section 29, Block AK, an approximate distance of 1572 feet to the Point of
Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
December 3, 2003
Rezone to R-1 Specific Use
METES AND BOUNDS DESCRIPTION of a 102.8 acre tract of land located in Section 30, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING a point in the East line of Section 30, Block AK, which bears South, approximately 757 feet from
the Northeast corner of Section 30, Block AK, Lubbock County, Texas;
THENCE South, along the East line of Section 30, Block AK, an approximate distance of 1732 feet;
THENCE West an approximate distance of 2639 feet;
THENCE North an approximate distance of 1632 feet;
THENCE East an approximate distance of 940 feet;
THENCE North an approximate distance of 102 feet;
THENCE East an approximate distance of 1700 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
December 3, 2003
Rezone to R-1 Specific Use
METES AND BOUNDS DESCRIPTION of a 9.4 acre tract of land located in Section 30, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING a point in the East line of Section 30, Block AK, which bears North, approximately 1428 feet from
the Southeast corner of Section 30, Block AK, Lubbock County, Texas;
THENCE West an approximate distance of 674 feet;
THENCE North an approximate distance of 604 feet;
THENCE East an approximate distance of 67 4 feet to point in the East line of Section 30, Block AK;
THENCE South, along the East line of Section 30, Block AK. an approximate distance of 604 feet to the Point
of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
November 11 , 2003
Ordinance No. 2004-oOOll
Exhibit "B"
Rezone to R-2 Specific Use
METES AND BOUNDS DESCRIPTION of a 6.0 acre tract of land located in Section 29, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the West line of Section 29, Block AK, which bears North approximately 2636 feet
form the Southwest corner of Section 29, Block AK, Lubbock County, Texas;
THENCE North, along the West line of Section 29, Block AK, an approximate distance of 324 feet;
THENCE East an approximate distance of 550 feet
THENCE South an approximate distance of 162 feet
THENCE East an approximate distance of 514 feet
THENCE South an approximate distance of 162 feet;
THENCE West an approximate distance of 1064 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
December 3, 2003
Rezone to R~2 Specific Use
METES AND BOUNDS DESCRIPTION of an 11.4 acre tract of land located in Section 30, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING a point which bears South, approximately 757 feet and West, approximately 461 feet from the
Northeast corner of Section 30, Block AK, Lubbock County, Texas;
THENCE West an approximate distance of 1239 feet;
THENCE South an approximate distance of 1 02 feet;
THENCE West an approximate distance of 307 feet;
THENCE North an approximate distance of 404 feet;
THENCE East an approximate distance of 1545 feet;
THENCE South an approximate distance of 302 to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
December 3, 2003
Rezone to R-2 Specific Use
METES AND BOUNDS DESCRIPTION of a 5.9 acre tract of land located in Section 29, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the East line of the Southwest Quarter of Section 29, Block AK, which bears North,
approximately 683 feet from the Southeast corner of the Southwest Quarter of Section 29, Block AK, Lubbock
County, Texas;
THENCE West an approximate distance of 1605 feet;
THENCE North an approximate distance of 160 feet;
THENCE East an approximate distance of 1605 feet to point in the East line of the Southwest Quarter of
Section 29, Block AK;
THENCE South, along the East line of the Southwest Quarter of Section 29, Block AK, an approximate
distance of 160 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
December 3, 2003
Ordinance No. 2004-oDOll
Exhibit "C''
Rezone to A-2
METES AND BOUNDS DESCRIPTION of a 12.4 acre tract of land located in Section 29, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the West line of Section 29, Block AK, which bears North, approximately 683 feet
form the Southwest corner of Section 29, Block AK, Lubbock County, Texas;
THENCE North, along the West line of Section 29, Block AK, an approximate distance of 745 feet;
THENCE East an approximate distance of 335 feet;
THENCE N. 45° E. an approximate distance of 168 feet;
THENCE S. 45° E. an approximate distance of 377 feet;
THENCE South an approximate distance of 597 feet;
THENCE West an approximate distance of 720 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
November 11 , 2003
Rezone to A-2
METES AND BOUNDS DESCRIPTION of a 22.9 acre tract of land located in Section 29, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at the Northeast corner of the Northwest Quarter of Section 29, Block AK, Lubbock County,
Texas;
THENCE South, along the East line of the Northwest Quarter of Section 29, Block AK, an approximate
distance of 841 feet;
THENCE West an approximate distance of 167 feet;
THENCE S. 6J030' W. an approximate distance of 156 feet
THENCE S. 45° W. an approximate distance of 248 feet;
THENCE N. 45° W. an approximate distance of 1224 feet;
THENCE North an approximate distance of 211 feet to a point in the North line of Section 29, Block AK;
THENCE East, along the North line of Section 29, Block AK, an approximate distance of 1352 feet to the Point
of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
November 11 , 2003
Ordinance No. 2004-o 0011
Exhibit "D"
Rezone to GO
METES AND BOUNDS DESCRIPTION of a 22.0 acre tract of land located in Section 29, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at the Southeast corner of the Southwest Quarter of Section 29, Block AK, Lubbock County,
Texas;
THENCE West, along the South line of Section 29, Block AK, an approximate distance of 752 feet;
THENCE North an approximate distance of 305 feet;
THENCE West an approximate distance of 1170 feet;
THENCE North an approximate distance of 378 feet;
THENCE East an approximate distance of 1922 feet to point in the East line of the Southwest Quarter of
Section 29, Block AK;
THENCE South, along the East line of the Southwest Quarter of Section 29, Block AK, an approximate
distance of 683 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
November 11 , 2003
Ordinance No. 2004-DOOll
Exhibit "E"
Rezone to C-2A
METES AND BOUNDS DESCRIPTION of an 8.2 acre tract of land located in Section 29, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING a point in the South line of Section 29, Block AK, which bears East, approximately 720 feet from
the Southwest corner of Section 29, Block AK, Lubbock County, Texas;
THENCE North an approximate distance of 305 feet;
THENCE East an approximate distance of 1170 feet;
THENCE South an approximate distance of 305 feet to point in the South line of Section 29, Block AK;
THENCE West, along the South line of Section 29, Block AK, an approximate distance of 1170 feet to the
Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
November 11, 2003
Ordinance No. 2004-oOOll
Exhibit "F"
Rezone to C-2
METES AND BOUNDS DESCRIPTION of a 14.5 acre tract of land located in Section 30, Block AK, lubbock
County, Texas, being further described as follows:
BEGINNING at a point which bears West, approximately 614 feet from the Northeast corner of Section 30,
Block AK,lubbock County, Texas;
THENCE South an approximate distance of 455 feet;
THENCE West an approximate distance of 1392 feet;
THENCE North an approximate distance of 455 feet to a point in the North line of Section 30, Block AK;
THENCE West, along the North line of Section 30, Block AK, an approximate distance of 1392 feet to the
Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
December 24, 2003
OrdinanceNo. 2004-DOOll
Exhibit "G"
Rezone to C-3
METES AND BOUNDS DESCRIPTION of an 11.3 acre tract of land located in Section 29, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at the Southwest corner of Section 29, Block AK, Lubbock County, Texas;
THENCE North, along the West line of Section 29, Block AK, an approximate distance of 683 feet;
THENCE East an approximate distance of 720 feet;
THENCE South an approximate distance of 683 feet to point in the South line of Section 29, Block AK;
THENCE West, along the South line of Section 29, Block AK, an approximate distance of 720 feet to the Point
of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
November 11, 2003
Rezone to C-3
METES AND BOUNDS DESCRIPTION of a 19.5 acre tract of land located in Section 29, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at the Northwest corner Section 29, Block AK, Lubbock County, Texas;
THENCE East, along the North line of the Section 29, Block AK, an approximate distance of 1290 feet;
THENCE South an approximate distance of 211 feet;
THENCE S. 45° W. an approximate distance of 987 feet;
THENCE N. 45° W. an approximate distance of 214 feet;
THENCE West an approximate distance of 440 feet to a point in the West line of Section 29, Block AK;
THENCE North, along the West line of Section 29, Block AK, an approximate distance of 757 feet to the Point
of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
November 11, 2003
Rezone to C-3
METES AND BOUNDS DESCRIPTION of a 20.4 acre tract of land located in Section 30, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at the Southeast corner of Section 30, Block AK, Lubbock County, Texas;
THENCE West, along the South line of Section 30, Block AK, an approximate distance of 1314 feet;
THENCE North an approximate distance of 355 feet;
THENCE East an approximate distance of 989 feet;
THENCE North an approximate distance of 572 feet;
THENCE West an approximate distance of 145 feet;
THENCE North an approximate distance of 501 feet;
THENCE East an approximate distance of 470 feet to point in the East line of Section 30, Block AK;
THENCE South, along the East line of Section 30, Block AK, an approximate distance of 1428 feet to the Point
of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
November 11, 2003
Rezone to C-3
METES AND BOUNDS DESCRIPTION of a 9.6 acre tract of land located in Section 30, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at the Northeast corner of Section 30, Block AK, Lubbock County, Texas;
THENCE South an approximate c1istance of 757 feet;
THENCE West an approximate distance of 461 feet;
THENCE North an approximate distance of 302 feet;
THENCE West an approximate distance of 153 feet;
THENCE North an approximate distance of 455 feet to a point in the North line of Section 30, Block AK;
THENCE East, along the North line of Section 30, Block AK, an approximate distance of 614 feet to the Point
of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
December 24, 2003
Ordinance No. 2004-QOOll
Exhibit "H"
Rezone to IHI
METES AND BOUNDS DESCRIPTION of a 10.2 acre tract of land located in Section 30, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the North line of Section 30, Block AK, which bears West, approximately 2006 feet
from the Northeast corner of Section 30, Block AK, Lubbock County, Texas;
THENCE South an approximate distance of 859 feet;
THENCE West an approximate distance of 633 feet;
THENCE North an approximate distance of 528 feet;
THENCE East an approximate distance of 300 feet;
THENCE North an approximate distance of 331 feet to a point in the North line of Section 30, Block AK;
THENCE East, along the North line of Section 30, Block AK, an approximate distance of 334 feet to the Point
of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
November 11 , 2003