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HomeMy WebLinkAboutOrdinance - 2000-O0073 - Amending Zoning Ordinance No.7084 - 11/27/2000First Reading Second Beading November 27, 2000 December 4, 2000 Item No. 35 Item No. 11 ORDINANCE NO. 2000-00073 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2895; A ZONING CHANGE FROM T TO C-3, A-2, A-2 (LIMITED TO A CHURCH), R-1 SPECIFIC USE (GARDEN HOMES) AND R-2 ZONING ON A 211 ACRE UNPLATTED TRACT OF LAND OUT OF THE NORTHWEST PORTION OF SECTION 28, BLOCK AK, 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 Z9-29 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 publichearing 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.2895 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-24(c)(2) of the Code of Ordinances of the City of Lubbock from T to C-3, A-2, A-2 (limited to a church), R-1 Specific Use (garden homes) and R-2 on a 211 acre unplatted tract of land out of the Northwest portion of Section 28, Block AK City of Lubbock, Lubbock County, Texas, located South of 82nd Street and East of Milwaukee Avenue. Subject to the following conditions and being further described as follows: Tract 1: Shall be zoned as C-3. METES AND BOUNDS Description on a 11.874 Acre Tract out of Section 28, Block A-K, Lubbock County, Texas, further described as follows: Beginning at a point from whence the Northwest corner of Section 28 bears N. 0004'10" E, 85.09'feet; THENCE S. 89054'20" E. 65.00 feet; THENCE around a 30 feet radius curve to the right, through a central angle of 90009'50" an arc distance of 47.21 feet, on a chrod bearing of N. 45°00'45" E., a chord distance of 42.49 feet to a point of tangency; THENCE S. 89054'20" E., 661.85 feet; THENCE S. 89058'50" W., 756.11 feet; THENCE N. 00004'10" W., 657.18 feet to the PLACE OF BEGINNING and containing 11.874 acres including any Right of Way. Tract 2: Shall be zoned A-2. METES and BOUNDS Description on a 10.418 Acre Tract out of Section 28, Block A-K, Lubbock County, Texas, further described as follows: Beginning at a point from whence the Northwest corner of Section 28 bears N 0.04' 10" E, 742.27 feet; THENCE N 89058'50" E, 758.75 feet; THENCE South, 598.52 feet; THENCE West, 758.02 feet; THENCE N 00004' 10" W, 598.27 feet to the PLACE of BEGINNING and containing 10.418 acres including any Right of Way. Tract 3: Shall be zoned A-2 (limited to a church). METES and BOUNDS Description on a 24.698 Acre Tract out of Section 28, Block A-K, Lubbock County, Texas, further described as follows: Beginning at a point from whence the Northwest corner of Section 28 bears N 0004110" E. 55 feet and N 89054'20" W,1320.01 feet; THENCE S 89054120" E.1281.83 feet; THENCE S 00002'50" E. 832.89 feet; THENCE West,1282.51 feet; THENCE North,120.00 feet; Zone Case No. 2895 Page 2 of 5 THENCE West,120.00 feet; THENCE North, 55.00 feet; THENCE East,120.00 feet; THENCE North, 660.00 fe to the PLACE of BEGINNING and containing 24.698 acres including any Right of Way. Tract 4: Shall be zoned R-1 Specific Use (garden homes). METES and BOUNDS Description on a 161.146 Acre Tract out of Section 28, Blcok A-K, Lubbock County, Texas, further described as follows: Beginning at a point from whence the Northwest corner of Section 28 bears N 0°04'10" E. 55 feet and N 89°54120" W, 918.01 feet; THENCE S 89054120"E. 442.00 feet; THENCE South, 660.00 feet; THENCE West,120.00 feet; THENCE South, 55.00 feet; THENCE East,120.00 feet; THENCE South,120.00 feet; THENCE East,1282.51 feet; THENCE S 00002150" E, 2642.55 feet; THENCE N 89054120" W, 2640.42 feet; THENCE N 0000411011 W, 2189.91 feet; THENCE East, 758.02 feet; THENCE North, 598.52 feet; THENCE East,158.36 feet; THENCE North, 685.50 feet to the PLACE of BEGINNING and containing 161.146 acres including any Right of Way. Tract 5: Shall be zoned R-2. METES and BOUNDS Description on a 2.534 Acre Tract out of Section 28, Block A-K, Lubbock County, Texs, further described as follows: Zone Case No. 2895 Page 3 of 5 Beginning at a point from whence the Northwest corner of Section 28 bears N 0°04'10" E, 55 feet and N 89°54120" E,161 feet; THENCE S. 89054120" E,161 feet; THENCE South, 685.50 feet; THENCE West,161 feet; THENCE North, 685.76 feet to the PLACE OF BEGINNING and containing 2.534 acres including any Right of Way. SUBJECT TO THE FOLLOWING CONDITIONS: 1. On the corner Tract 1 (zoned C-3), the Planning and Zoning Commission shall review the site plan with proposed building elevations and construction materials prior to the issuance of a construction permit. 2. The proposed Tract 3 shall be limited to a church and church -related construction. 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 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 Tract 4 of a 211 acre unplatted tract of land out of the Northwest portion of Section 28, Block AK, 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. Zone Case No. 2895 Page 4 of 5 AND IT IS SO ORDERED. Passed by the City Council on first reading this 27th day of November , 2000. Passed by the City Council on second reading this 4th day of December , 2000. AHEST,:. n Y SITTON Iffif APTED AS TO f ONTENT: &4o2i 4 fvu"n SlSYL Rany Henson, enior Planner 6 APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC2895.ORD Ccdocs/11/20/00 Zone Case No. 2895 Page 5 of 5