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HomeMy WebLinkAboutOrdinance - 2001-O0008 - Zone Case No. 2901. Change From R-1 To R-1 Specific Use (Residential Estates). - 01/25/2001First Reading January 11, 2001 Item No. 24 Second Reading January 25, 2001 Item No. 20 ORDINANCE NO. 2001-00008 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2901; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE (RESIDENTIAL ESTATES) ZONING ON A 25.513 ACRE TRACT OF LAND OUT OF THE SOUTHWEST QUARTER OF SECTION 1, BLOCK D-6, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, 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 finds 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 29-29 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 the proposed amendment, and the public hearing according to said notice, was duly 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 determined by the City Council 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.2901 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from R-1 to R-1 Specific Use (Residential Estates) on a 25.513 acre tract of land out of the Southwest quarter of Section 1, Block D-6, City of Lubbock, Lubbock County, Texas, located at 1201 Alcove Avenue. Subject to the following conditions and being further described as follows: A tract of land out of Section One (1), Block D-6, Lubbock County, Texas, further described by metes and bounds as follows: BEGINNING at a nail in set in the West line of Section 1, Block D-6, Lubbock County, Texas, said nail being in the center line of a paved county road and North a distance of 2640.00 feet from the Southwest Corner of said Section 1, Block D-6; THENCE East a distance of 40.00 feet pass a 5/8" rod set in theEast right of way line of said c ounty road continuing for a total distance of 2650.00 feet to a 3/4" iron pipe; THENCE South a distance of 660.00 feet to a 5/8" rod; THENCE West a distance of 2090.00 feet to a 5/8" rod; THENCE North a distance of 197.00 feet to a 5/8" rod; THENCE West a distance of 510.00 feet pass a 5/8" rod set in the East right of way line of said county road, continuing for a total distance of 550.00 feet to a nail in the cap set in the West line of Section 1, Block D-6, and the center line of a paved county road; THENCE North along the West line of said Section 1, Block D-6, a distance of 403.00 feet to the Place of Beginning. SAVE AND EXCEPT: A tract of land located in the North Half of the Southwest Quarter of Section 1, Block D-6, H.E. & W. T. R.R. Co. Survey, Lubbock County, Texas, being further described as follows: BEGINNING at a 60 penny nail found in the center line of a North -South paved road in the West lien of said Section 1 for the Northwest corner of this tract from whence the Southwest corner of said Section 1 bears South a distance of 2640.00 feet; THENCE East a distance of 40.00 feet pass a 5/8" iron rod found in the East right of way line of said paved road, in all a distance of 1088.17 feet to a %Z" rod set for the Northeast corner of this tract; THENCE South a distance of 660.00 feet to a %2" rod set for the Southeast corner of this tract; THENCE West a distance of 538.17 feet to a found 5/8" rod in concrete; THENCE North a distance of 197.00 feet to a found 5/8" rod in concrete; THENCE West a diitance of 510.00 feet pass a railroad spike set in the East right of way line of said road, in a distance of 550.00 feet to a 60 penny nail found in the West line of said Section 1 and in the center line of said paved road; THENCE North along the West line of said Section 1 and the centerline of said paved road, a distance of 463.00 feet to the Place of Beginning. SUBJECT TO THE FOLLOWING CONDITION: 1. That there may be no more than six animal units housed on the tract. 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 Zone Case No. 2901 Page 2 of 3 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 zone district; 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)(3) of Codified Zoning Ordinance No. 7084 on the property described as a 25.513 acre tract of land out of the Southwest quarter of Section 1, Block D-6, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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 11th day of January , 2001. Passed by the City Council on second reading this 25th day of January , 2001. / r - J � YS17TON, MAYOR ATTEST: Becky Garza, Interim City Secretary ED AS T CONTENT: SCS�- Randy Henso Senior Planner APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC2901.ORD Ccdocs/12/21/00 Zone Case No. 2901 Page 3 of 3