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HomeMy WebLinkAboutOrdinance - 10236-1999 - Zone Case 2868 Zoning Change T To R-1 An Approximate 126.8 Acre Land - 12/16/1999First Reading Dec. 16. 1999 Item No. 39 Second Reading Jan. 13. 2000 Item No. 12 ORDINANCE NO. 10236 ------ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2868; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE ZONING ON AN APPROXIMATE 126.8 ACRE PORTION OF LAND OUT OF SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO COl\l])ITIONS, 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 ofLubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (yemon, 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. 2868 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 )(24) of the Code of Ordinances of the City of Lubbock from T to R-1 Specific Use on an approximate 126.8 acre portion of land out of Section 25, Block E-2, City of Lubbock, Lubbock County, Texas, located south of 98th Street and east of Frankford A venue. Subject to the following condition and being further described as follows: METES AND BOUNDS DESCRIPTION for a tract of land located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South right-of-way line of 98th Street which bears East an approximate distance of 941.9 feet and South an approximate distance of 55.0 feet from the Northwest corner of Section 25, Block E-2, Lubbock County, Texas; THENCE East, along the South right-of-way line of 98th Street, an approximate distance of 1240.2 feet; THENCE South an approximate distance of 338.0 feet; THENCE East an approximate distance of 31.0 feet; THENCE South an approximate distance of 143.0 feet; THENCE East an approximate distance of 1150.0 feet; THENCE South an approximate distance of2114.5 feet to a point in the North line of the Southeast ,Quarter {SE/4) of Section 25, Block E·2; THENCE West, along the North line of the SE/4 of Section 25, an approximate distance of 721.9 feet to the Northwest corner of the SE/4 and the Northeast corner of the Southwest Quarter {SW/4) of Section 25; THENCE West, along the North line of the SW/4 of Section 25, an approximate distance of 1322.1 feet; THENCE North an approximate distance of 1320.0 feet; THENCE West an approximate distance of 1265.0 feet to a point in the East right-of-way line of Frankford Avenue; THENCE North, along the East right-of-way line of Frankford Avenue, an approximate distance of 328.6 feet; THENCE East an approximate distance of 886.9 feet; THENCE North an approximate distance of 960.0 feet to the Point of Beginning. SUBJECT TO THE FOLLOWING CONDITION: 1. Minimum setback shall be twenty feet except that, on any radius portion of a cui de sac, the setback may be a minimum of five feet. Any garage entering from the street shall have a twenty foot minimum front setback. 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 )(24) of Codified Zoning Ordinance No. 7084 on the property described as an approximate 126.8 acre portion of land out of Section 25, Block E-2, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions ofthis 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. Zone Case No. 2868 Page 2 of3 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 16th day of Passed by the City Council on second reading this 13th day of ATTEST: K~II.~i V,. t?,,~ AP IJ' _u.,....,.""' APPROVED AS TO FORM: ~~--~~-.-e~c/~~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC2868.0RD Ccdocs/ 12/06/99 Zone Case No. 2868 Page3 of3 December , 1999. January , 2000.