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HomeMy WebLinkAboutOrdinance - 2002-O0090 - Amending Zoning Ordinance 7084. Zone Case 2944 - 08/29/2002First Reading August 29, 2002 Item. No. 78 Second Reading September 17, 2002 Item. No. 28 ORDINANCE NO. 2002-o0090 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2944; A ZONING CHANGE FROM T TO C-3, R-1 SPECIFIC USE AND R-2 SPECIFIC USE ZONING ON UNPLATTED 6.6-ACRE AND 24.6-ACRE TRACTS OF LAND OUT OF SECTION 21, BLOCK AK, 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 found 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 compiled 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 such proposed amendment, and the public hearing according to said notice, was 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 by the City Council determined 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 Ordinances 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. 2944 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from T to C-3, R-1 Specific Use and R-2 Specific Use zoning district on unplatted 6.6-acre and 24. 6-acre tracts of land out of Section 21, Block AK, City of Lubbock, Lubbock County, Texas, located at West of Frankford and North of 114th Street, subject to conditions and being further described as follows: Tract One: 6.6 Acres T to C-3 Zoning METES AND BOUNDS description of a 6.6 acre tract of land locate in Section 21, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at the Southeast corner of Section 21, Block AK, Lubbock County, Texas; THENCE West an approximate distance of 378.6 feet; THENCE North an approximate distance of707.9 feet; THENCE N. 58°24' E. an approximate distance of 124.0 feet; THENCE East an approximate distance of 272.1 feet to a point in the East line of Section 21, Block AK; THENCE South, along the East line of Section 21, Block AK, an approximate distance of 771.9 feet to the POINT OF BEGINNING. Tract Two: 4.5 Acres T to R-1 Specific Use Zoning for Garden Homes METES AND BOUNDS description of a 4.5 acre tract located in Section 21, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 21, Block AK, which bears West an approximate distance of 378.6 feet from the Southeast corner of Section 21, Block AK, Lubbock County, Texas; THENCE West, along the South line of Section 21, Block, AK, an approximate distance of 312.0 feet; THENCE North an approximate distance of 571.9 feet; THENCE N. 73°14' E. an approximate distance of 150.5 feet; THENCE N. 60°57' E. an approximate distance of 192.1 feet; THENCE South, an approximate distance of707.9 feet to the POINT OF BEGINNING. Tract Three: 4.6 Acres T to R-2 Specific Use Zoning. METES AND BOUNDS description for a 4.6 acre tract located in Section 21, Block AK, Lubbock County, Texas, being further described as follows: Zone Case No. 2944 page-2 of4 BEGINNING at a point in the East line of Section 21, Block AK which bears North an approximate distance of 771.9 feet from the Southeast corner of Section 21, Block AK, Lubbock County, Texas; THENCE West an approximate distance of272.2 feet; THENCE S. 58°24' W. An approximate distance of 124.0 feet; THENCE S. 60°57' W. an approximate distance of 192.1 feet; THENCE N. 25°40' W. an approximate distance of 151.9 feet; THENCE N. 64°20' E. an approximate distance of33.6 feet; THENCE N. 27°33' W. an approximate distance of 167.2 feet; THENCE N. 62~6' E. an approximate distance of 377.5 feet; THENCE East an approximate distance of 323.8 feet to a point in the East line of Section 21, Block AK; THENCE South, along the East line of Section 21, Block AK, an approximate distance of 316.0 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That Tract One shall be zoned C-3. 2. That a site plan be reviewed by the Planning Commission prior to issuance of a construction permit on Tract One (C-3). 3. That Tract Two shall be zoned R-1 Specific Use for Garden Homes. 4. That Tract Three shall be zoned R-2 Specific Use for duplexes. 5. That on Tract Three a twenty foot front set back will be allowed and a five foot set back will be allowed for any non- garage portions of structures on full or partial cui de sac lots. 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) and 29-24 ( c) (2) of Codified Zoning Ordinance No. 7084 on the property described as an unplatted 6.6-acre and 24.6 acre tracts of land out of Section 21, Block AK, City of Lubbock, Lubbock County, Texas. Zone Case No. 2944 page-3 of4 SECTION 3. 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 4. 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 29th day of August , 2002. ATTEST: :Q~. ~~~. Rebecca Garza, City Secretary' APPROVED AS TO FORM: ..~-~---'-"~.~ u~~c~~ Linda L. Chamales, Supervising Attorney Office Practice Tl(JCCDOCSICITY A TI'/Lit.'DA!zc29<• August t 3, 2001 Zone Case No. 2944 page-4 of4