HomeMy WebLinkAboutOrdinance - 2004-O0084 - Amending Zoning Ordinance To Make Change: Case NO. 2984-A; Residential Estates - 07/21/2004First Reading
July 21. 2004
Item. No. 20
ORDINANCE NO. 2004-00084
Second Reading
August 16, 2004 1
ItemNo. 13 ·
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2984·A; A ZONING CHANGE FROM T, GO, C-2
AND C-3 TO C-2A, C-3, IHC, A·l, A·2 AND R·l SPECIFIC USE FOR
RESIDENTIAL ESTATES AND R-1 SPECIFIC USE FOR REDUCED SETBACKS
ON 256.7 ACRES OF UNPLATTED LAND OUT OF SECTIONS 37 AND 38,
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, 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. 2984-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from T, GO, C-2 and C-3 to C·2A, C-3, IHC, A-1, A-2
and R-1 Specific Use for residential estates R-1 Specific Use for reduced
setbacks under provisions of Section 29-24 of the Code of Ordinances of the
City of Lubbock on 256.7 acres of unplatted land out of Sections 37 and 38,
Block AK, City of Lubbock, Lubbock County, Texas, located south of 34th
between Milwaukee and Upland, subject to conditions and being further
described as follows:
METES AND BOUNDS DESCRIPTIONS: Attached as Exhibits "A-1 ", "A-2",
"B", "C", "D-1", "D-2", "D-3", "E", "F" and "G".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT in the R-1 Specific Use/residential, the 2 acre A-1 portion across
from the C-2A parcel and the 10.2 acre A-1 portion in the northeast (if
the parcels are developed as duplex/triplex or quadraplex), the minimum
front setback will be twenty feet, the minimum side setback for comer
lots will be five feet and the minimum front setback on a cul de sac for
any non-garage portion of a home will be five feet.
2. THAT within the 4.8 acre Interstate Commercial location on the west
side, the following uses shall not be permitted: (19) Dance hall; (43)
Nightclub, bar or lounge.
3. THAT for the 21.9 acre commercial area on the east, the development
will be tied to the site plan indicating the proposed landscape buffer areas
and the proposed driveway access on the Milwaukee frontage. Prior to a
construction permit on any of the commercial development, the Planning
Commission shall review a detailed landscape plan.
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, GO, C-2 and C-3 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 Sections 29-24(c) (3) for RE; 29-24 (c) (24) for the Rl Specific Use for
setback of Codified Zoning Ordinance No. 7084 on the property described as 256.7
acres of unplatted land out of Sections 37 and 38, 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.
Zone Case No. 2984-A
page-2 of3
II
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 21st day of __ _:J::.:u::.::l;.z..y __ , 2004.
ATTEST:
I' ~.ek_.,_, ,~,.__, i Ree~ca Garza, City Secr~tary \
APPROVED AS TO FORM:
Linda L. Chamales
Supervising Attorney Office Practice
as/cityatt/Linda!ZoneCases!ZC2984-A
July 1, 2004
Zone Case No. 2984-A
page-3 of3
Exhibit "A-1"
Ordinance No. 2004-Q0084
C-2AZone
METES AND BOUNDS DESCRIPTION of a 3.9 acre tract of land located in Section 38, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the North nne of Section 38, Block AK, Lubbock County, Texas, which bears
East an approximate distance of 2565.5 feet from the Northwest corner of Section 38, Block AK, Lubbock
County, Texas;
THENCE East along the North line of Section 38, Block AK, an approximate distance of 294.0 feet;
THENCE South an approximate distance of 573.0 feet;
THENCE West an approximate distance of 294.0 feet;
THENCE North an approximate distance of 573.0 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY
Prepared for: Milwaukee Land and Trust
June 10, 2004
No Text
Exhibit "A-2"
Ordinance No. 2004-Q0084
C-2AZone
METES AND BOUNDS DESCRIPTION of a 3.5 acre tract of land located in Sections 37 and 38, Block AK,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the centerline of Milwaukee Avenue, which bears East an approximate distance of
169.4 feet and S00"03W and approximate distance of 1193.0 feet from the Northeast corner of Section 38,
Block AK, and the Northwest corner of Section 37, Block AK, Lubbock County, Texas;
THENCE S.-00"03' W. along the centerline of Milwaukee Avenue an approximate distance of 299.5 feet;
THENCE N. 89"56' W. an approximate distance of 502.2 feet;
THENCE North an approximate distance of 299.0 feet;
THENCE East an approximate distance of 502.5 feet to the point of beginning;
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY
Prepared for: Milwaukee Land and Trust
June 10,2004
Exhibit "B"
Ordinance No. 2004-o 0084
C-3 Zone
METES AND BOUNDS DESCRIPTION of a 18.4 acre tract of land located in Sections 37 and 38, Block AK,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the North line of Section 37, Block AK, Lubbock County, Texas, which bears
East an approximate distance of 75.8 feet from the Northeast corner of Section 38, Block AK, and the
Northwest corner of Section 37, Block AK, Lubbock County, Texas;
THENCE S. 05"'41' E. an approximate distance of 932.8 feet to a point in the centerline of Milwaukee Avenue;
THENCE S. 00°03' W. along the centerline of Milwaukee Avenue an approximate distance of 264.9 feet;
THENCE West an approximate distance of 502.5 feet;
THENCE North an approximate distance of 148.0 feet;
THENCE West an approximate distance of 260.6 feet;
THENCE N. 08°26' E. an approximate distance of 189.9 feet;
THENCE North an approximate distance of 857.2 feet to a point in the North line of Section 38, Block AK;
THENCE East along the North line of Section 38, Block AK at an approximate distance of 567.1 feet pass the
Northeast corner of Section 38, Block AK, and the Northwest corner of Section 37, Block AK, for a total
distance of 642.9 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY
Prepared for. Milwaukee Land and Trust
June 1 0, 2004
Exhibit "C"
Ordinance No. 2004-o 0084
•..
METES AND BOUNDS DESCRIPTION of a 4.8 acre tract of land located in Section 38, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the West line of Section 38, Block AK, Lubbock County, Texas, which bears
S. 00°02' W. an approximate distance of 788.0 feet from the Northwest comer of Section 38, Block AK,
Lubbock County, Texas;
THENCE East an approximate distance of 339.0 feet;
THENCE South an approximate distance of 667.5 feet;
THENCE N7~06'W an approximate distance of 356.7 feet to a point in the West line of Section 38, Block AK;
THENCE N00°02'E along the West line of Section 38, Block AK, an approximate distance of 557.9 feet to the
Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY
Prepared for: Milwaukee Land and Trust
June 10, 2004
Exhibit "D-1"
Ordinance No. 2004-o0084
A-1 Zone
METES AND BOUNDS DESCRIPTION of a 2.8 acre tract of land located in Section 38, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point which bears S00°02'W an approximate distance of 788.0 feet and East an approximate
distance of 339.0 feet from the Northwest corner of Section 38, Block AK, Lubbock County, Texas;
THENCE East an approximate distance of 561.1 feet;
THENCE S. 17°53' W. an approximate distance of 287.6 feet;
THENCE N. 72°06' W. an approximate distance of 111.8 feet;
THENCE N. 81 °03' W. an approximate distance of 124.5 feet;
THENCE West an approximate distance of 243.4 feet;
THENCE North an approximate distance of 220.0 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY
Prepared for: Milwaukee Land and Trust
June 1 o, 2004
Exhibit "D-2"
Ordinance No. 2004-G0084
A-1 Zone
METES AND BOUNDS DESCRIPTION of a 10.2 acre tract of land located in Section 38, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the North line of Section 38, Block AK, which bears West an approximate distance of
567.1 feet from the Northeast corner of Section 38, Block AK, Lubbock County, Texas;
THENCE South an approximate distance of 753.0 feet;
THENCE West an approximate distance of 588.0 feet;
THENCE North an approximate distance of 753.0 feet to a point in the North Line of Section 38, Block AK;
THENCE East along the North Line of Section 38, Block AK, an approximate distance of 588.0 feet to the point
of beginning;
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY
Prepared for: Milwaukee Land and Trust
June 1 0, 2004
Exhibit "D-3"
Ordinance No. 2004-o0084
A-1 Zone
METES AND BOUNDS DESCRIPTION of a 2.0 acre tract of land located in Section 38, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the North line of Section 38, Block AK, Lubbock County, Texas, which bears
East an approximate distance of 2360.8 feet from the Northwest comer of Section 38, Block AK, Lubbock
County, Texas;
THENCE East along the North line of Section 38, Block AK, an approximate distance of 204.8 feet;
THENCE South an approximate distance of 425.0 feet;
THENCE West an approximate distance of 204.8 feet;
THENCE North an approximate distance of 425.0 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY
Prepared for. Milwaukee Land and Trust
June 1 0, 2004
Exhibit "E"
Ordinance No. 2004-o0084
A-2 Zone
METES AND BOUNDS DESCRIPTION of a 14.6 acre tract of land located in Sections 37 and 38, Block AK,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the centerline of Milwaukee Avenue, which bears East an approximate distance of
169.4 feet and S00"03W and approximate distance of 1492.5 feet from the Northeast corner of Section 38,
Block AK, and the Northwest corner of Section 37, Block AK, Lubbock County, Texas;
THENCE S. 00"03' W. along the centerline of Milwaukee Avenue an approximate distance of 1309.2 feet;
THENCE N. 89"56' W. an approximate distance of 70.0 feet;
THENCE N. 81 "01' W. an approximate distance of 124.1 feet;
THENCE N. 72"05' W. an approximate distance of 324.0 feet;
THENCE North an approximate distance of 1190.6 feet;
THENCE S. 89"56' E. an approximate distance of 502.2 feet to the point of beginning;
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY
Prepared for: Milwaukee Land and Trust
June 10, 2004
Exhibit "F"
Ordinance No. 2004-Q0084
R-1 Specific use for Residential Estates
METES AND BOUNDS DESCRIPTION of a 34.5 acre tract of land located in Sections 37 and 38, Block AK,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the centerline of Milwaukee Avenue, which bears East an approximate distance of 169.4
feet and S. 00"03' W. and approximate distance of 2801.7 feet from the Northeast comer of Section 38, Block AK,
and the Northwest comer of Section 37, Block AK, Lubbock County, Texas;
THENCE S. 00°03' W. along the centerline of Milwaukee Avenue an approximate distance of 303.3 feet;
THENCE N. 72°05' W. an approximate distance of 1600.9 feet;
THENCE N. 66°23' W. an approximate distance of 1004.4 feet;
THENCE N. 72°05' W. an approximate distance of 906.4 feet;
THENCE N. 77°52' W. an approximate distance of 999.9 feet;
THENCE N. 72°06' W. an approximate distance of 866.0 feet;
THENCE North an approximate distance of 447.5 feet;
THENCE East an approximate distance of 236.0 feet;
THENCE South an approximate distance of 212.2 feet;
THENCE S. 35°42' E. an approximate distance of 118~7 feet;
THENCES. 72°06' E. an approximate distance of 403.1 feet;
THENCE S. 81°03' E. an approximate distance of 93.3 feet;
THENCE East an approximate distance of 372.1 feet;
THENCE South an approximate distance of 53.5 feet;
THENCE S. 38°54' E. an approximate distance of 54.0 feet;
THENCE S. 77°49' E. an approximate distance of 1205.4 feet;
THENCE East an approximate distance of 627.8 feet;
THENCE South an approximate distance of 213.5 feet;
THENCE S. 33°11' E. an approximate distance of 109.5 feet;
THENCE S. 66°23' E. an approximate distance of 676.0 feet;
THENCE S. 71"24' E. an approximate distance of 1306.3 feet;
THENCE S. 81 °01' E. an approximate distance of 124.1 feet;
THENCE S. 89"56' E. an approximate distance of 70.0 feet to the point of beginning;
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY
Prepared for: Milwaukee land and Trust
June 1 0, 2004
Exhibit "G"
Ordinance No. 2004-Q0084
R-1 Specific for Reduced Setbacks
METES AND BOUNDS DESCRIPTION of a 172.4 acre tract of land located in Section 38, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the North line of Section 38, Block AK, Lubbock County, Texas, Which bears East along
the North line of Section 38, Block AK, Lubbock County, Texas an approximate distance of 896.8 feet;
THENCE East along the North line of Section 38, Block AK, Lubbock County, Texas an approximate distance of
1464.0 feet;
THENCE South an approximate distance of 425.0 feet;
THENCE East an approximate distance of 204.8 feet;
THENCE South an approximate distance of 148.0 feet;
THENCE East an approximate distance of 294.0 feet;
THENCE North an approximate distance of 573.0 feet;
THENCE East an approximate distance of 1265.3 feet;
THENCE South an approximate distance of 753.0 feet;
THENCE East an approximate distance of 588.0 feet;
THENCE South an approximate distance of 104.2 feet;
THENCE S. 08°26' W. an approximate distance of 189.9 feet;
THENCE East an approximate distance of 260.6 feet;
THENCE South an approximate distance of 1637.6 feet;
THENCE N. 72°05' W. an approximate distance of 982.3 feet;
THENCE N. 66°23' W. an approximate distance of 676.0 feet;
THENCE N. 33"11' W. an approximate distance of 109.5 feet;
THENCE North an approximate distance of 213.5 feet;
THENCE West an approximate distance of 627.8 feet;
THENCE N. 77"49' W. an approximate distance of 1205.4 feet;
THENCE N. 38"54' W. an approximate distance of 54.0 feet;
THENCE North an approximate distance of 53.5 feet;
THENCE West an approximate distance of 372.1 feet;
THENCE N. 81 "03' W. an approximate distance of 93.3 feet;
THENCE N. 72°06' W. an approximate distance of 403.1 feet;
THENCE N. 53°42' W. an approximate distance of 118.7 feet;
THENCE North an approximate distance of 212.2 feet;
THENCE S. 81 °33' E. an approximate distance of 131.8 feet;
THENCE S. 72°06' E. an approximate distance of 111.8 feet;
THENCE N. 1r53' E. an approximate distance of 287.6 feet;
THENCE North an approximate distance of 788.0 feet to the point of beginning;
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY
Prepared for: Milwaukee Land and Trust
June 10, 2004