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HomeMy WebLinkAboutOrdinance - 2001-O0068 - Amending Zoning Ordinance 7084 Zone Case 2918 Zone Change T To R-1 - 08/30/2001First Reading August 30, 2001 Item No. 53 Second Reding September 13, 2001 Item No. 26 ORDINANCE NO. 2001-00068 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2918; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE (RESIDENTIAL ESTATES) AND GO ZONING ON AN UNPLATTED 40-ACRE TRACT OUT OF THE SOUTHWEST QUARTER OF SECTION 22, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENAL TY; SUBJECT TO CONDITIONS, PROVIDING A SA VIN GS 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 A valanche-Joumal 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. 2918 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 )(3) and 29-13.lofthe Code of Ordinances of the City of Lubbock from T to R-1 Specific Use (residential estates) and GO on an unplatted 40-acre tract out of the southwest quarter of Section 22, Block AK, City of Lubbock, Lubbock County, Texas, located East of Upland Avenue and South of the half section line. Subject to the following condition and being further described as follows: TRACT A-RESIDENTIAL ESTATES BEGINNING at a½" iron rod with cap found for the southwest corner of this tract in the west line of said section 22 and the centerline of Upland Avenue at the southwest corner of said 41.88 acre tract from whence a square S 0°01'50"E a distance of 1346.1 feet; THENCE N 0°03'15" W, along said west line and said centerline, a distance of 688.0 feet to a point for a corner of this tract; THENCE N 89°58'10" E a distance of 330.0 feet to a point for a corner of this tract; THENCE N 0°03'15" W a distance of 660.0 feet to a point in the north line of said 41.88 tract for a corner of this tract; THENCE N 89°58'10" E, along the north line of said 41.88 acre tract, a distance of 1024.2 feet to a ½" iron rod with cap found at the northeast corner of said 41.88 acre tract for the northeast corner of this tract; THENCE S 0°02'15" E, along the east line of said 41.88 acre tract, a distance of 1346.8 feet to a½" iron rod with cap found at the southeast corner of said 41.88 acre tract for the southeast corner of this tract; THENCE S 89°55'13" W, along the south line of said 41.88 acre tract, at a distance of 1297.8 feet pass a ½" iron rod with cap found in the east right of way line of said Upland Avenue, in all a distance of 1353.8 feet to the place of beginning. SUBJECT TO THE FOLLOWING CONDITION: 1. The total number of livestock on the RE tract shall not exceed sixteen (16). TRACT B -GARDEN OFFICE BEGINNING at a nail and tag found in the centerline of Upland Avenue and the west line of said Section 22 at the northwest corner of said 41.88 acre tract for the northwest corner of this tract from whence a railroad spike found at the northwest corner of said Section 22 bears N 0°03'15" W a distance of2689.3 feet; THENCE N 89°58'10" E, along the north line of said 41.88 acre tract, at a distance of 56.0 feet pass a ½" iron rod with cap found in the east line of said Upland Avenue, in all a distance of330.0 feet to a point for the northeast corner of this tract; THENCE S 0°03'15" Ea distance of 660.0 feet to a point for the southeast corner of this tract; THENCE S 89°58'10" W a distance of330.0 feet to a point in said west line and said centerline for the southwest corner of this tract; THENCE N 0°03'15" W, along said west line and said centerline, a distance of 660.0 feet tot he place of beginning. Zone Case No. 2918 Page 2 o/3 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)(3) of Codified Zoning Ordinance No. 7084 on the property described as an unplatted 40-acre tract out of the southwest quarter of Section 22, 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. AND IT IS SO ORDERED. Passed by the City Council on first reading this 30th Passed by the City Council on second reading this 13th day of August , 2001. day of September , 2001. ~<·~ WfN~N, MAYOR ATTEST: ~~ ~ .. Re eccaGaiza, City Secretary O ' APPROVED AS TO FORM: ·cc:::7C~~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC29l8.ORD-2 Ccdocs/08/22/0 I Zone Case No. 29 I 8 Page3 of 3