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.