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HomeMy WebLinkAboutOrdinance - 2000-O0041 - Amending Zoning Ordinance No.7084 - 08/24/2000First Reading Second Reading July 27, 2000 August 24, 2000 Item No. 53 Item No. 20 ORDINANCE NO. 2000-00041 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2502-C; A ZONING CHANGE FROM R-2 AND C-2 TO R-1 SPECIFIC USE (GARDEN HOMES), C-2, AND C-3 ZONING ON A 34.7 ACRE TRACT OF LAND OUT OF THE NORTHWEST PART OF SECTION 17, BLOCK E-2, 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.2502-C SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Sections 29-24(c)(2); 29-17; and 29-18 of the Code of Ordinances of the City of Lubbock from R-2 and C-2 to R-1 Specific Use (Garden Homes), C-2, and C-3 on a 34.7 acre tract of land out of the northwest part of Section 17, Block E-2, City of Lubbock, Lubbock County, Texas, located South of 98th Street and East of Quaker Avenue. Subject to a condition and being further described as follows: TRACT A; A Change in zoning from C-2 TO C-3: METES AND BOUNDS DESCRIPTION of a 10.0 acre tract of land located in the Northwest Quarter of Section 17, Blcok E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South right-of-way line of 98' Street, which bears South an approximate distance of 325.1 feet and East an approximate distance of 373.4 feet from the Northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE East, along said South right-of-way line, an approximate distance of 345.4 feet to a point of curvature; THENCE Northeasterly, continuing along said South right-of-way line around a curve to the left, said curve having an approximate radius of 1,009.9 feet and an approximate chord distance of 250.2 feet to a point for the Northeast corner of this tract; THENCE South an approximate distance of 668.4 feet to to a point for the Southeast corner of this tract; THENCE West an approximate distance of 710.3 feet to a point for a corner of this tract; THENCE N. 58045'01" W. an approximate distance of 89.2 feet to a point in the East right-of-way line of Quaker Avenue for the Southwest corner of this tract; THENCE Northeasterly, continuing along said East right-of-way line around a curve to the left, said curve having an approximate radius of 1,055.0 feet and an approxmate chord distance of 185.3 feet to a point of intersection; THENCE Northeasterly, continuing along said East right-of-way line around a curve to the left, said curve having an approximate radius of 2,271.0 feet and an approxmate chord distance of 199.0 feet to a point of intersection; THENCE Northeasterly, continuing along said East right-of-way line around a curve to the left, said curve having an approximate radius of 1,065.0 feet and an approxmate chord distance of 197.8 feet to a point of tangency; THENCE North, continuing along said East right-of-way line, an approximate distance of 9.6 feet to a point of curvature; THENCE Northeasterly, continuing along said East right-of-way line around a curve to the right, said curve having an approximate radius of 29.7 feet and an approximate chord distance of 42.1 feet to a Point of Beginning. TRACT B;A change in zoning from C-2 TO R-1 SPECIFIC USE for Garden Homes: METES AND BOUNDS DESCRIPTION of a 2.5 acre tract located in Section 17, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South an approximate distance of 1171.9 feet and East an approximate distance of 509.4 feet from the northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE North, an approximate distance of 209.5 feet; THENCE East an approximate distance of 459.0 feet; Zone Case No. 2502-C Page 2 of 5 THENCE North an approximate distance of 125.0 feet; THENCE East an approximate distance of 35.8 feet; THENCE South an approximate distance of 334.5 feet; THENCE West an approximate distance of 494.8 feet to the Point of Beginning. TRACT C; A change in zoning from R-2 to R-1 SPECIFIC USE for Garden Homes: METES AND BOUNDS DESCRIPTION of a 13.7 acre tract located in Section 17, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South an approximate distance of 1171.9 feet and East an approximate distance of 509.4 feet from the northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE East an approximate distance of 494.8 feet; THENCE North an approximate distance of 334.5 feet; THENCE East an approximate distance of 328.6 feet; THENCE South an approximate distance of 924.5 feet; THENCE West an approximate distance of 824.0 feet; . THENCE North an approximate distance of 590.0 feet. SUBJECT TO A CONDITION: 1. A ten foot front setback shall be allowed on cul de sac lots. TRACT D; A change in zoning from R-2 TO C-2: METES AND BOUNDS DESCRIPTION of a 6.1 acre tract located in Section 17, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a , point which bears South an approximate distance of 1171.9 feet and East an approximate distance of 509.4 feet from the northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE South an approximate distance of 590.0 feet; THENCE West an approximate distance of 447.5 feet; Zone Case No. 2502-C Page 3 of 5 THENCE North an approximate distance of 494.2 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having an approximate radius of 545 feet and an approximate chord distance of 96.2 fe et to a point of intersection; THENCE East an approximate distance of 443.2 feet to the Point of Beginning., 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-2 and C-2 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)(2) of Codified Zoning Ordinance No. 7084 on the property described as a 34.7 acre tract of land out of the northwest;part of Section 17, Block E-2, 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 27th day of July , 2000. Passed by the City Council on second reading this 24th day of August , 2000. ATTEST: Kaythie amell, City Secretary Zone Case No. 2502-C Page 4 of 5 APP A TO CONTENT: Randy Henson, nior Planner APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC2502-C.ORD Ccdocs/07/28/00 Zone Case No. 2502-C Page 5 of 5