The URL can be used to link to this page

Home My WebLink AboutOrdinance - 10239-1999 - Zone Case 2871 Zoning Change T To R-1, A-2, R-2 And C-3 Sec 28 Block AK - 12/16/1999First: Reading Dec. 16. 1999 It:em No. 42 II Second Reading Jan. 13. ~2000 It:em No. 15 ORDINANCE NO . .....::..:::10:.:2:.::.39.::...._ __ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2871; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE, A-2, R-2 SPECIFIC USE AND C-3 ZONING ON A PORTION OF LAAlJ> OUT 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 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 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. 2871 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, A-2, R-2 Specific Use and C-3 Specific Use on a portion of land out of Section 28, Block AK City of Lubbock, Lubbock County, Texas, located south of 92nd Street and between Frankford A venue and Milwaukee. Subject to the following conditions and being further described as follows: Tract A, Day Estates preliminary plat. Legal Description for a tract of land for a zone change request from T to C- 3 located in the S/3 of Section 28, Block AK, Lubbock County, Texas, being further described as follows: Beginning at a point in the South line of Section 28, Block AK, Lubbock County, Texas, said point bears N. 89°48' W., approximately 1128 feet from the Southeast corner of said Section 28; THENCE N. 00°05'40" E., an approximate distance of 106.65 feet to a point of curvature to the right; THENCE Northeasterly, around a curve to the right, said curve having an approximate radius of 355.61 feet, a central angle of 75°, tangent lengths of 272.87 feet, a chord distance of 432.97 feet; THENCE N. 75°05'40" E., an approximate distance of 589.45 feet to a point of curvature to the right; THENCE Northeasterly, around a curve to the right, said curve having an approximate radius of 528 feet, a central angle of 15°, tangent lengths of 69.51 feet, a chord distance of 137.84 feet to a point in the West right-of- way line of Frankford Avenue; Thence S. 00°01'35" E., along the West right-of-way line of said Frankford Avenue, an approximate distance of 621.68 feet tot he Place of Beginning. Tract B, Day Estates preliminary plat. Legal Description for a tract of land for a zone change request from T to A- 2 Being further described as follows: Beginning at a point in the West line of the South 113 of Section 28, Block AK, Lubbock County, Texas, said point bears N. 00°04'13" W., approximately 565 feet from the Southwest corner of said Section 28; THENCE N. 00°04'13" W., along the West line of said Section 28, an approximate distance of 340 feet; THENCE S. 89°48' E., an approximate distance of 1280 feet; THENCE S. 00°04'13" E., an approximate distance of 905 feet to a point in the South line of Section 28; THENCE N. 89°48' W., along the South line of said Section 28, an approximate distance of 333 feet; THENCE N. 00004'13" W., an approximate distance of 947 feet to the Place of Beginning. Tract C, Day Estates preliminary plat. Legal Description of a tract of land for a zone change request from T to C-3 being further described as follows: Beginning at a point that is the Southwest corner of the South 113 of Section 28, Block AK, Lubbock County Texas, same point being the Southwest corner of Section 28, Block AK, Lubbock County, Texas; THENCE N. 00°04'13" W., along the West line of said Section 28, an approximate distance of 565 feet; Zone Case No. 2871 Page2of6 THENCE S. 89°48'E., an approximate distance of 937 feet; THENCE S. 00°04'13" E., an approximate distance of 565 feet to a point in the South line of said Section 28; THENCE N. 89°48' W., along the South line of said Section 28, an approximate distance of 937 feet to the Place of Beginning. Lots 626-631, 643-666, Day Estates preliminary plat. Legal Description for a tract of land for a zone change request from T to R- 2 Specific Use being furtehr described as follows: Beginning at a point in the West line of the South 113 of Section 28, Block AK, Lubbock County, Texas, said point bears N. 00°04'13" W., approximately 905 feet from the Southwest corner of said Section 28; THENCE N. 00°04'13" W ., along the West line of said Section 28, an apprximate distance of 143 feet; THENCE S. 89°48' E., an approximate distance of 1298 feet; THENCE S. 00°04'13" E., an approximate distance of 143 feet; THENCE S. 89°48' E., an approximate distance of 125 feet; THENCE S. 00°04'13" E., an approximate distance of 905 feet to a point in the South line of said Section 28; THENCE N. 89°48' W., an approximate distance of 143 feet; THENCE N. 00°04'13" W., an approximate distance of 905 feet; THENCE N. 89°48' W., an approximate distance of 1280 feet to the Place of Beginning. Lots 1-4, 202-211, Day Estates preliminary plat. Legal Description for a tract of land for a zone change request form T toR- 2 Specific Use being further described as follows: Beginning at a point in the South line of the S/3 of Section 28, Block AK, Lubbock County, Texas, said point bears N. 89°48' W., an approximate distance of 1128 feet from the Southeast corner of said Section 28, Block AK; THENCE N. 89°48' W., along the South line of said Section 28, an approximate distance of 148 feet; THENCE N. 00°05'40" E., an approximate distance of 248.38 feet; THENCE N. 22°35'40" E., an approximate distance of 121.22 feet; Zone Case No.1871 Page3 of6 ! : THENCE N. 45°05'40" E., an approximate distance of 252.73; THENCE N. 60°05'40" E., an approximate distance of 48.71 feet; THENCE N. 75°05'40" E., an approximate distance of 788.18 feet; THENCE S. 89°54'20" E., an approximate distance of 190.89 feet to a point in the West right-of-way line of Frankford Avenue; THENCE S. 00°01'35" E., along the West right-of-way line of Frankford Avenue, a distance of 148 feet; THENCE N. 89°54'20" W., an approximate distance of 102.21 feet to a point of curvature to the left; THENCE Southwesterly, around a curve to the left, said curve having an approximate radius of 528 feet, a central angle of 15°, tangent lengths of 69.51 feet, a chord distance of 137.84 feet; THENCE S. 75°05'40" W., an approximate distance of 589.45 feet to a point of curvature to the left; THENCE Southwesterly, aroudn a curve to the left, said curve having an approximate radius of 355.61 feet, a central angle of 75°, tangent lenghts of 272.87 feet, a chord distance of 432.97 feet; THENCE S. 00°05'40" W., an approximate distance of 105.65 feet to the Place of Beginning. Remainder of Day Estates for R-1 Specific Use. Legal Description for a tract of land for a zone change request from T to R- 1 Specific Use being further described as follows: Beginning at a point in the South line of the South 113 of Section 28, Block AK, Lubbock County, Texas, said piont bears N. 89°48' W. an approximate distance of 1276 feet from the Southeast corner of said Section 28; THENCE N. 89°48' W., along the South line of said Section 28, an approximate distance of 2,525.5 feet; THENCE N. 00°04'13" W., an approximate distance of 905 feet; THENCE N. 89°48' W., an approximate distance of 125 feet; THENCE N. 00°04'13" W ., an approximate distance of 143 feet; THENCE N. 89°48' W., an approximate distance of 1298 feet to a point in the West line of said Section 28; THENCE N. 89°48' W., along the West line of said Section 28, an approximate distance of 713 feet to a point that is the Northwest comer of the South 113 of said Section 28; Zone Case No. 2871 Page4of6 1 : THENCE S. 89°54'20" E., along the North line of the S/3 of said Section 28, a approximate distance of 5,225.84 feet to a point in the West right-of- way line of Frankford Avenue; THENCE S. 00°01'35" E., along the West right-of-way line of said Frankford Avenue, an approximate distance of 1001 feet; THENCE N. 89°54'20" W., an approximate distance of 190.89 feet; THENCE S. 75°05'40" W., an approximate distance of 788.18 feet; THENCE S. 60°05'40" W., an approximate distance of 48.71 feet; THENCE S. 45°05'40" W., an approximate distance of 252.73 feet; THENCE S. 22°35'40" W., an approximate distance of 121.22 feet; THENCE S. 00°05'40" W., an approximate distance of 248.38 feet to the Place of Beginning. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The R-1 Specific Use and R-2 Specific Use areas may have a twenty foot front setback with a minimum of five feet on cui de sac lots except that any front entry garage shall have a minimum of twenty feet of front setback. 2. The C-3 tracts shall be subject to the following: a site plan, including building elevations showing materials, color, texture and a detailed landscape plan shall be submitted to the Planning and Zoning Commission for approval prior to the issuance of a building permit. As a note of interest to the developers, a screening fence will be required on the areas between the commercial and adjacent residential with no curb breaks. 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 Zonin~ Ordinance No. 7084 on the property described as a portion of land out of Section 28, Block AK, City of Lubbock, Lubbock County, Texas. Zone Case No. 2871 Page 5 o/6 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 16th day of December 1999. Passed by the City Council on second reading this 13th day of January 2000. ~---· ATTEST: ~Q,~~ft ~B.~ APPROVED AS TO FORM: --~CJ~~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC2871.0RD Ccdocs/12/07/99 Zone Case No. 2871 Page 6 of6