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HomeMy WebLinkAboutOrdinance - 2002-O0014 - Amending Zoning Ordinance To Make Change: Zone Case 1875-U; Commander's Addt. - 02/14/2002First Reading February 14, 2002 Item No. 30 Second Reading February 28, 2002 Item No. 15 ORDINANCE NO. 2002-Q0014 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1875-U; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-4 SPECIFIC USE ZONING ON A 5.29 ACRE TRACT OF LAND ON LOT 2, COMMANDER'S ADDITION, LUBBOCK, TEXAS; 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, the 1986 Comprehensive Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and City Council determine the physical development ofthe community; however, planning is a continuous process and change is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council recognize that the zone change on is a minor deviation from the 1986 Comprehensive Land Use Plan and attempt to protect public and private commitments that have been previously based on the Plan; 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 3211.007 (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. 1875-U 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)(25) of the Code of Ordinances ofthe City ofLubbock from R-1 Specific Use to C-4 Specific Use on a 5.29 acre tract of land on Lot 2, Commander's Addition, City of Lubbock, Lubbock County, Texas, located at 6801 19th and being further described as follows: Metes and bounds description for zone change request only for an approximate 5.29 acre tract of land located in Lot 2, Commanders Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: Beginning at a point in the East lot line of said Lot 2 that bears N.00°00'30"W. a distance of 440 feet from the Southeast corner of said Lot 2; THENCE N.89°59'W., an approximate distance of 400 feet to a point; THENCE N.00°00'39"W., an approximate distance of 117.95 feet to a point; THENCE N.89°59'30"E., an approximate distance of 239.01 feet to a point of curvature to the left; THENCE Northeasterly, around a curve to the left, said curve having a radius of approximately 38 feet, central angle of 90° and tangent lengths of 38 feet; THENCE N.00°00'30"W, an approximate distance of 1449.72 feet to a point in the North lot line of said Lot 2; THENCE S.89°59'E., along the North lot line of said Lot 2, an approximate distance of 113 feet to a point; THENCE S.45°oo'30"E., along a lot line of said Lot 2, an approximate distance of 14.14 feet to a point in the East lot line of said Lot 2; THENCE S.00°00'30"E., along the East lot line of said Lot 2, an approximate distance of 1595.8 feet to the place of Beginning. 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 R-1 Specific Use 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)(25) of Codified Zoning Ordinance No. 7084 on the property described as a 5.29 acre tract of land on Lot 2, Commander's Addition, 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/1 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. Zone Case No. 1875-U Pagel of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 14th day of February Passed by the City Council on second reading this 28th day of February ATTEST: ~., ~· Ar--. APPROVED AS TO FORM: ~-.,/ _.-(:::'' -----.{,...,/ --·~/· ~ ~-..----·-~ · (_ ___ __..-C ;""'7~-~>-?-->o-~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC 1875-U.ORD Ccdocs/0 1/18/02 Zone Case No. 1875-U Page3 of3 '2002. '2002.