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HomeMy WebLinkAboutOrdinance - 9923-1996 - Zone Case 2460-M Zoning Chnge C-2, C-3 To C-3 Specific Use Golf Course - 07/26/1996First Reading July 25., 1996 Item /130 Second Reading August 8, 1996 Item /116 ORDINANCE NO. 9923 ----- AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND TIIE OFFICIAL MAP OF TIIE CITY OF LUBBOCK MAKING TIIE FOLLOWING CHANGES: ZONE CASE NO. 2460-M; A ZONING CHANGE FROM C-2 AND C-3 TO C-3 SPECIFIC USE ZONING FOR A GOLF COURSE ON A TRACT OUT OF SECTION 11, BLOCK E-2, 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 (Yemon, 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, I 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 I 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. 2460-M 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 C-2 and C-3 to C-3 Specific Use for a golf course with related sales and service on a tract out of Section 11, Block E-2, City of Lubbock, Lubbock County, Texas, located East of Quaker A venue and North of 78th Street, subject to conditions and being more particularly described as follows: METES AND BOUNDS DESCRIPTION of a tract out of Section 11, Block E- 2, Lubbock, Lubbock County, Texas, and further described as follows: BEGINNING at a point in the North line of 78th Street, which by calls bears N. 00°02'4611 E., a distance of 1154.12 feet and N. 89°59'40" E., a distance of 540.70 feet from the Southwest comer of Section 11, Block E-2; II • I I I THENCE N. 00°00'20" W., a distance of326.96 feet; THENCE N. 89°59'40" W., a distance of 180.48 feet; THENCE N. 01°31'23" W., a distance of74.41 feet; THENCEN. 31°45'21" E., adistanceofl51.18 feet; THENCE N. 63°29'05" E., a distance of 391.08 feet; THENCE N. 89°59'40" E., a distance of 362.18 feet; THENCE S. 00°00'20" E., a distance of 743.48 feet; THENCE S. 89°59'40" W., a distance of 38.27 feet; THENCE Northwesterly around a curve to the left, having a central angle of 30°16'21 ", a radius of 220.00 feet, and a chord distance of 114.89 feet to a point of tangency; THENCE S. 89°59'40" W., a distance of 460.14 feet to the PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the use of irons only (no wood drivers) shall be noted on score cards, on signs at the pro shop and adjacent to the first tee box. b. That the course shall not be lighted for after dark play. Security lighting shall be permitted. c. That no regular or special golfing events shall occur after sunset. d. That sound/noise abatement procedures shall include: 1. Low sound level speakers oriented to the South for communication to waiting golfers. 2. Information signs at each Tee box reminding golfers of adjacent residential development. e. That it be tied to site plan 2460-M for tee/green locations, building sites and parking ( 64 spaces) as presented to the Planning and Zoning Commission. f. That should golf balls strike adjacent residences or businesses, the operator shall provide adequate screening to protect those buildings. Any complaint shall be verified by Environmental Inspection Services, and the operator notified in writing to install appropriate screens. g. That no alcoholic beverages shall be allowed on the golf course or in the pro shop. Any future restaurant may be eligible for an alcoholic beverage permit for only that facility. ZONE CASE NO. 2460-M -PAGE2- Counci~ Date: August 8, 1996 I Item No.16 TBESTATEOFTEXAS § COUNTY OF LUBBOCK § AFFIDAVIT I, MAX INCE, as a member of the City Council of Lubbock, Texas, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the City Council as those terms are defined in Chapter 171, Local Government Code. The business entity is ________________________ _ ~ (Name) (Address) _-.,c...,"'--Zlo.L4ill--_....s:..-"""-'"',r .... ___ have/has a substantial interest in this business entity for the ("f' or name o relative and relationship) following reasons: (check all which are applicable). Ownership of 10% or more of the voting or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity excess 10% of ____ gross income for the (my/her/his) previous year. Real property is involved and ___ has an equitable or legal ownership with a fair (I/he/she) .7ket value of at least $2,500. _/"_ A r rEelative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affmn that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this 8th day of August 1996. MAX INCE City Councilmember District 4 BEFORE ME, the undersigned authority, this day personally appeared MAX INCE and on oath stated that the facts hereinabove stated are true to the best of bis knowledge or belief. Sworn to and subscribed before me on this 8th day of August 1996. MENCE M. SEARCY llorary Public., Slate of Teus lf1 CommlSSIOfl Expires 05 28-2000 ,,.--;f,Qot.JV'.Ot o ::m. ½ Notary Public in and for the State of Texas My commission expires: 5-aa -c.JOOO I Council Date: July 25, 1996 Item No. 30 AFFIDAVIT THE STATE OF TEXAS § COUNTY OF LUBBOCK § I, ~ INCE, as a member of the City Council of Lubbock, Texas, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the City Council as those terms are defined in Chapter 171, Local Government Code. i The business entity is 7. · (, (.0:..: L1.,:;. !J '<c½, I( ...--' *(Name) (Address) J-,,t..,~ .:lvee have/has a substantial interest in this business entity for the ("f' or n e ofrelative and relationship) following reasons: (check all which are applicable). Ownership of 10% or more of the voting or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity excess I 0% of ____ gross income for the (my/her/his) previous year. Real property is involved and ._ has an equitable or legal ownership with a fair (I/he/she) market value of at least $2,500. _L A relative of mine bas a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this 25th day of July 1996. MAXJNCpvu/ ~ City Councilmember District 4 BEFORE ME, the undersigned authority, this day personally appeared MAX INCE and on oath stated that the facts hereinabove stated are true to the best of his knowledge or belief. Sworn to and subscribed before me on this 25th day of July 1996. R.ORENCEM.SEARC'f Notary Public, State of Teus M» Commission Expres OS 18-2000 ,--.';!-~co, ::m b20~ Notary Public in and for the State of Texas My commission expires: .5 -a.a -d000 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 C-2 and C-3 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)(24) of Codified Zoning Ordinance No. 7084 on the property described as a tract • out of Section 11, Block E-2, 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 25th Passed by the City Council on second reading this 8th ATTEST: ~~ APPROVED AS TO FORM: 1(1 --~-· c ~c?~ .. ,,. _e_ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:js/ZC2460-M.ORD ccdocs/July 8, 1996 WNE CASE NO. 2460-M --PAGE3-- day of ___ Ju=l.,...y ___ _,, 1996. day of August , 1996. NOTARY PUBLIC in for the State of Texas My Commission Expires .................. ___ _ PATTI TJ\TE , Notaty Public, State o: Texas My Comnission Expires 7-05-2000 .