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HomeMy WebLinkAboutOrdinance - 2001-O0050 - Amending Zoning Ordinance 7084 Zone Case 1947-D Zoning Change A-1 To C-4 - 06/26/2001First Reading June 26~ 2001 Item No. 50 Second Reading July 12, 2001 Item No. 15 ORDINANCENO. 2001-00050 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1947-D; A ZONING CHANGE FROM A-1 TO C-4 SPECIFIC USE ZONING ON AN UNPLATTED 7-ACRE TRACT OF LAND OUT OF SECTION 44, 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 29-29 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Y emon, 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. 1947-D 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 A-1 to C-4 Specific Use on an unplatted 7-acre tract of land out of Section 44, Block AK, City of Lubbock, Lubbock County, Texas, located at the northwest corner of 32nd and Frankford Avenue. Subject to the following conditions and being further described as follows: METES AND BOUNDS DESCRIPTION of a 7.000 acre tract of land located in Section 44, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point of compound curvature in the West right-of-way lind of Frankford Avenue which bears North a distance of 794.09 feet and West a distance of 40.00 feet from the Southeast corner of Section 44, Block AK, Lubbock County, Texas, a found ½" iron rod with cap bears South a distance of 15.00 feet from said point; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and chord distance of 21.21 feet to a point of tangency in the North right-of-way line of 32nd Street; THENCE West, along the North right-of-way line of 32nd Street, a distance of 573.60 feet to a point of curvature; THENCE Northwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and chord distance of 21.21 feet to a 3/8" iron rod found in the East right-of-way line of Genoa A venue at a point of reverse culvature; THENCE Northwesterly, along the East right-of-way line of Genoa Avenue and around a curve to the left, said curve having a radius of 400.26 feet, a central angle of 30°, tangent lengths of 107.25 feet, and a chord distance of 207.19 feet to a 5/8" iron rod found at a point of reverse curvature; THENCE Northwesterly, continuing along the East right-of-way line of Genoa Avenue and around a curve to the right, said curve having a radius of 1030.00 feet, a central angle of 18° 13", tangent lengths of 165.13 feet, and a chord distance of 326.10 feet to a½" iron rod with cap set for the Northwest corner of this tract; THENCE East a distance of 542.37 feet to a ½" iron rod with cap set in the West right-of-way line of Frankford Avenue for the Northeast corner of this tract; THENCE Southeasterly, along the West right-of-way line of Frankford Avenue and around a curve to the left, said curve having a radius of 466.58 feet, a central angle of 8'02'46" angent lengths of 32.82 feet, and a chord distance of 65.4 7 feet to a ½" iron rode with cap seet for a point of tangency; THENCE S. 30' E. continuing along the West right-of-way line of Frankford Avenue, a distance of 309.79 feet to a½" iron rode with cap set for a point of curvature; THENCE Southeasterly, continuing along the West right-of-way line of Frankford Avenue and around a curve to the right, said curve having a radius of 355.25 feet, a central angle of 30°, tangent lenghts of 95.19 feet, and a chord distance 183.89 feet to the Point of Beginning. Subject to the following conditions: 1. Brick or split face block for the office. 2. Allowance for wrought iron fencing at the entrance on Frankford and 32°d. 3. Metal fence or building walls are allowed for the perimeter screening fence. Zone Case No. 1947-D Page2 of3 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 A-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 )(25) of Codified Zoning Ordinance No. 7084 on the property described as an unplatted 7-acre tract of land out of Section 44, 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.1947-D Page3 o/3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 26th day of June , 2001. Passed by the City Council on second reading this 12th day of July , 2001. ATTEST: si~ ~ Rebecca Garza, 'i:ity Secretary AP enior Planner APPROVED AS TO FORM: ~/4 ~ C ~ ~·---- Linda L. Cham.ales, Supervising Attorney, Office Practice Section LLC:cp/ZCI 947-D.ORD Ccdocs/06/20/01 <i!t~N,~ Zone Case No. 1947-D Page4 o/3