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HomeMy WebLinkAboutOrdinance - 10051-1998 - Zone Case 921-L Zoning Change A-1 And AM To R-1 Townhomes - 01/22/1998First Reading Item #34 January 22, 1998 Second Reading Item #18 February 12, 1998 ORDINANCE NO. 10051 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 921-L; A ZONING CHANGE FROM A-1 AND AM TO R-1 SPECIFIC USE ZONING FOR TOWNHOMES ON A PORTION OF TRACT 2-E OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; 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 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. 921-L 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)(2) of the Code of Ordinances of the City of Lubbock from A-1 and AM to R-1 Specific Use for townhomes on a portion of Tract 2-E out of Section 3, Block E, City of Lubbock, Lubbock County, Texas, located South of 50th Street and West of Avenue Q, subject to conditions, and further described as follows; ZONE CASE NO. 921-L ··PAGE 1 •• TRACT1 METES AND BOUNDS DESCRIPTION OF A 3.0 acre tract located in Section 3, Block E, Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears S. 00°00'36" West an approximate distance of 50.75 feet from the Southwest corner of Lot C-1, Briercroft 2nd Addition; THENCE North 89°55'12" East an approximate distance of 111.18; THENCE South 44°59'09" East an approximate distance of 72.86 feet; THENCE South 00°00'36" West an approximate distance of 766.01 feet; THENCE South 89°59'46" West an approximate distance of 153.00 feet; THENCE North 42°55'15" West an approximate distance of 14.22 feet; THENCE North 00°00'36" East an approximate distance of 807.00 feet to the POINT OF BEGINNING. TRACT2 METES AND BOUNDS DESCRIPTION of a 5.0 acre tract located in Section 3, Block E, Lubbock County, Texas and being a portion of Lot C-1, Briercroft 2nd Addition, Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Southeast corner of Lot C-1, Briercroft 2nd Addition; THENCE North 89°52'51" East an approximate distance of 33.20 feet; THENCE South 40°13'39" West an approximate distance of 178.69 feet; THENCE South 89°55'12" West an approximate distance of 183.07 feet; THENCE South 00°00'41" East an approximate distance of 732.29 feet; ZONE CASE NO. 921-L -PAOE 2 •• THENCE South 89°59'46" West an approximate distance of 179.09 feet; THENCE North 00°00'36" East an approximate distance of 766.01 feet; THENCE North 44°59'09" West an approximate distance of 72.86 feet; THENCE South 89°55'12" West an approximate distance of 111.18 feet; THENCE North 00°00'36" East an approximate distance of 150.75 feet; THENCE North 89°55'12" East an approximate distance of 329.57 feet; THENCE South 25029'51" East an approximate distance of 110.63 feet to the POINT OF BEGINNING. TRACT3 METES AND BOUNDS DESCRIPTION of a 2.5 acre tract located in Section 3, Block E, Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears North 89°52'29" East an approximate distance of 33.20 feet and South 40°13'39" East an approximate distance of 178.69 feet from the original Southeast corner of Lot C-1, Briercroft 2nd Addition; THENCE South 40°13'39" East an approximate distance of 160.00 feet; THENCE South 89°55'03" West an approximate distance of 153.43 feet; THENCE South 00°00'41" West an approximate distance of 610.00 feet; THENCE South 89°59'46" West an approximate distance of 133.00 feet; THENCE North 00°00'41" East an approximate distance of 732.29 feet; THENCE North 89°55'12" East an approximate distance of 183.07 feet to the POINT OF BEGINNING. ZONE CASE NO. 921-L -PAGE3- SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the zoning is tied to site plan 921-L as presented to the Planning and Zoning Commission. 2. That Plat review notice will be mailed to the property owners within a 200 foot radius. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance to 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 and AM zone districts; 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)(2) of Codified Zoning Ordinance No. 7084 on the property described as a portion of Tract 2- . E out of Section 3, Block E, 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 Noll 00 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 22nd day of January Passed by the City Council on second reading this 12th day of February ATIEST: ZONE CASE NO. 921-L --PAGE4- ' 1998. ' 1998. APPROVED AS TO CONTENT: APPROVED AS TO FORM: ·L~d~~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:dk/ZC92 I ·L.ORD ccdocs/January 9, 1998 ZONE CASE NO. 921·L ··PAGE 5-- THE STATE OF TEXAS COUNTY OF edcopyofu~--~~~~------------~~~ Avalanche-Journal on Morris Communication Corporation Subscribed and sworn to before me this _ _,,),.:. :-./ __ _J FORl\158·10 SECOND READINf ORDIJIANCE WITH PEI!It.LTY .. . _--:IJ---'-Jeb..l.\..l;...le p~ho~i\e---='---"-=:...___.;f'li\:....__;:z:~r----· rr LUBBOCK AVALANCHE-JOURNAL Morris Communication Corporation FORM38·10 , ftOTICil CF PVIUC HEARING