HomeMy WebLinkAboutOrdinance - 2003-O0120 - Ordinance Amending Zoning Case 2952-A Specific Use For Single Family Homes - 10/23/2003First Reading
October 23, 2003
Item No. 45
ORDINANCE NO. 2003-00120
Second Reading
November 6, 2003
Item No. 32
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2952-A; A ZONING CHANGE FROM R-1, R-2,
AND R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR SINGLE-FAMILY
HOMES ON 456.6 ACRES OF UNPLATTED LAND OUT OF SECTION 5 AND
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 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. 2952-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1, R-2, and R-1 Specific Use to R-1 Specific Use
for single-family homes under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock on 456.6 acres of unplatted land out of
Section 5 and 6, Block JS, City of Lubbock, Lubbock County, Texas, located
north of Erskine Street and east and west of Slide Road, subject to
conditions and being further described as follows:
TRACT 1: R-1 Specific Use for Garden Homes
The existing R-1 Specific Use for Garden Homes between North Utica and the
proposed North Vale, north of Erskine (Original Parcel 14) described by Metes and
. Bounds in the attached Exhibit "A", shall be zoned R-1 Specific Use for Garden Homes
subject to the following conditions:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the front setback for structures on lots located on a cul de sac
shall be a minimum of five feet, except that any garage portion of the
structure shall have a minimum of twenty-five feet of setback.
2. THAT the side setback of structures on corner lots from the adjacent
street shall be a minimum of five feet. In addition, any fence along the
side lot line adjacent to the street shall be set back a minimum of five (5)
feet.
3. THAT structures on comer lots adjacent to North Vale shall have the
twenty-five foot vision triangle.
TRACT 2: R-1 Specific Use
The portion currently zoned R-2 adjacent to Erskine and North Vale and the balance of
the R-1 zoned area of the subdivision, (Original Parcel 11 and large tract) as described
by Metes and Bounds in the attached Exhibits "B" and "C", shall be zoned R-1
Specific Use with the following conditions:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the minimum front setback for standard lots shall be twenty feet.
2. THAT the minimum front setback for lots fronting a cul de sac shall be
five feet except that any garage shall have a twenty foot setback.
3. THAT the side setback of structures on corner lots from the adjacent
street shall be a minimum of five feet.
4. THAT lots with a side property line adjacent to a street, any fence along
the side lot line adjacent to the street shall be set back a minimum of five
feet.
Zone Case No. 2952-A
page-2 of 4
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, R-2, and R-1 Specific Use 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)(2) and 29-24(C)(24) of Codified
Zoning Ordinance No. 7084 on the property described as on 456.6 acres of unplatted
land out of Section 5 and 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.
Passed by the City Council on first reading this 23nl day of __ o_c_t_ob_e_r __ , 2003.
Passed by the City Council on second reading this _6t_h---;;<?' /'
Victor Hernandez Mayor Pro Tern
ATTEST:
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becca Garza, City Secretary =is--
Zone Case No. 2952-A
page-3 of 4
APPROVED AS TO CONTENT:
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APPROVED AS TO FORM:
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Linda L. Chamales
Supervising Attorney Office Practice
Ke/ccdocs/ZC2952A
October 13, 2003
Zone Case No. 2952-A
page-4 of 4
Ordinance No. 2003-00120
Exhibit "A"
METES AND BOUNDS DESCRIPTION of an approximate 10.0 acre tract of land
located in Section 5, Block J-S, Lubbock County, Texas, being further described as
follows:
BEGINNING at a point which bears North an approximate distance of 55 feet and West
an approximate distance of 35 feet from the Southeast corner of the Southwest Quarter of
Section 5, Block J-S, Lubbock County, Texas;
THENCE West an approximate distance of 250 feet to a point;
THENCE North an approximate distance of 1750 feet to a point;
THENCE East an approximate distance of 250 feet to a point;
THENCE South an approximate distance of 1750 feet to the POINT OF BEGINNING.
Zone Case No. 2952-A
page-5 of 8
Ordinance No. 2003-00120
Exhibit "B"
R-1 Specific Use
METES AND BOUNDS DESCRIPTION of an approximate 2.5 acre tract of land
located in Section 5, Block J-S, Lubbock County, Texas, being further described as
follows:
BEGINNING at a point which bears North an approximate distance of 55 feet and West
an approximate distance of 340 feet from the Southeast corner of the Southwest Quarter
of Section 5, Block J-S, Lubbock County, Texas;
THENCE West an approximate distance of 406 feet to a point;
THENCE North an approximate distance of 88 feet to a point;
THENCE N. 45 ° E. an approximate distance of 393 feet to a point;
THENCE East an approximate distance of 128 feet to a point;
THENCE South an approximate distance 366 feet to the POINT OF BEGINNING.
Zone Case No. 2952-A
page-6 of 8
Ordinance No. 2003-00120
Exhibit "C"
R-1 Specific Use
METES AND BOUNDS DESCRIPTION of an approximate 407 .8 acre tract of land
located in Sections 5 and 6, Block J-S, Lubbock County, Texas, being further described
as follows:
BEGINNING at a point in the West line of Section 5 and the East line of Section 6,
Block J-S, which bears North an approximate distance of 685 feet from the Southwest
corner of Section 5 and the Southeast corner of Section 6, Block J-S, Lubbock County,
Texas;
THENCE North, along the West line of Section 5 and the East line of Section 6, an
approximate distance of 118 feet to a point;
THENCE West an approximate distance of 1322 feet to a point;
THENCE North an approximate distance of 1838 feet to a point;
THENCE East an approximate distance of 1322 feet to a point in the West line of
Section 5 and the East line of Section 6;
THENCE North, along the West line of Section 5 and the East line of Section 6, an
approximate distance of 1906 feet to a point;
THENCE East an approximate distance of 504 feet to a point;
THENCE N. 16 ° 24' E. an approximate distance of 54 feet to a point;
THENCE S. 70° 32' E. an approximate distance of 476 feet to a point;
THENCE East an approximate distance of 348 feet to a point;
THENCE North an approximate distance of 842 feet to a point in the North line of
Section 5;
THENCE East, along the North line of Section 5, an approximate distance of 3498 feet
to a point;
THENCE South an approximate distance of 1572 feet to a point;
THENCE West an approximate distance of 355 feet to a point;
THENCE South an approximate distance of 760 feet to a point;
Zone Case No. 2952-A
page-7 of 8
THENCE West an approximate distance of 1211 feet to a point;
THENCE North an approximate distance of 461 feet to a point;
THENCE West an approximate distance of 342 feet to a point of curvature;
THENCE Southwesterly around a curve to the left, said curve having an approximate
radius of 265 feet, an approximate central angle of 90° anl an approximate chord
distance of 375 feet to a point;
THENCE South an approximate distance of 555 feet to a point;
THENCE West an approximate distance of 803 feet to a point;
THENCE South an approximate distance of 561 feet to a point;
THENCE S.29° 08' W. an approximate distance of 83 feet to a point;
THENCE S. 45 ° W. an approximate distance of 236 feet to a point;
THENCE S. 45° E. an approximate distance of 306 feet to a point;
THENCE N. 45° E. an approximate distance of 91 feet to a point;
THENCE N. 76° 02' E. an approximate distance of 38 feet to a point;
THENCE East an approximate distance of 382 feet to a point;
THENCE South an approximate distance of 1209 feet to a point;
THENCE West an approximate distance of 165 feet to a point;
THENCE S.45° W. an approximate distance of 409 feet to a point;
THENCE South an approximate distance of 151 feet to a point in the South line of
Section 5;
THENCE West, along the South line of Section 5, an approximate distance of 918 feet
to a point:
THENCE North an approximate distance of 685 feet to a point;
THENCE West an approximate distance of 955 feet to the POINT OF BEGINNING.
Zone Case No. 2952-A
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