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HomeMy WebLinkAboutOrdinance - 2002-O0119 - Amending Zoning Ordinance To Make Changes: Case 1834-B - 10/24/2002First Reading October 24, 2002 Item No. 45 Second Reading November 14, 2002 Item No. 18 I ORDINANCE NO. 2002-o0119 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1834-B; A ZONING CHANGE FROM C-2 AND A-1 TO R-2 AND C-2 ZONING ON AN UNPLATTED 2.15-ACRE TRACT OF LAND AND AN UNPLATTED 6.37-ACRE TRACT OF LAND OUT OF SECTION 6, BLOCK J-5, 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 found that due I 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 of the 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 R-1 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 compiled with, including giving notices in compliance with Sections 29-24 © (24) and 29-17 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code i §21 1.007 (V emon, 1990), and notice was duly published in the Lubbock Avalanche- 1 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. 1834-B 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 and 29-24 of the Code of Ordinances of the City of Lubbock from C-2 and A-1 to R-2 Use and C-2 zoning district on an unplatted 2.15-acre tract of land and an unplatted 6.37- acre tract of land out of Section 6, Block J-5, City of Lubbock, Lubbock County, Texas, located at NE Corner of Frankford Ave. and Erskine Street. Subject to the following conditions and being further described as follows: Parcell A-1 to C-2 Metes and bounds description for a zone change request only of an approximate 2.15 acre tract of land located in Section 6, Block J-S, Lubbock County, Texas being further described as follows: Beginning at a point in the West line of said Section 6, said point bears 1,245.60 feet North of the Southwest corner of said Section 6, same point being the projection of the centerline of Harvard Street; THENCE East, along the centerline of said Harvard Street, an approximate distance of 260 feet to a point that is the Northeast corner of the tract; THENCE South, 360 feet from the parallel to the West line of said Section 6, an approximate distance of 360 feet to a point for the Southeast corner of this tract; THENCE West, an approximate distance of260 feet to a point in the West line of said Section 6 for the Southwest corner of this tract; THENCE North, along the West line of said Section 6, an approximate distance of 360 feet to the PLACE OF BEGINNING. Parcel2 C-2 to R-2 Metes and bounds description for an approximate 6.37 acre tract of land location in Section 6, Block J-S, Lubbock County, Texas, being further described as follows: Beginning at a pointing the South line of said Section 6, said point bears S.89°58'30" E., 575.0 feet from the Southwest corner of said Section 6; THENCE North, an approximate distance of 265.25 feet to a point; THENCE West, an approximate distance of315.01 feet to a point; THENCE North, an approximate distance of 620.50 feet to a point; Zone Case No. I 834-B page-2 of4 THENCE East, an approximate distance of 85.01 feet to a point of curvature to the right; THENCE Southeasterly, around a curve to the right, said curve having a radius of 250 feet, a central angle of 45°, an approximate chord distance of 191.34 feet to a point; THENCE South 45° E., an approximate distance of 161.23 feet to a point of curvature to the right; THENCE Southeasterly, around a curve to the right, said curve having a radius of250 feet, a central angle of 45°, an approximate chord distance of 191.34 feet to a point; THENCE South, approximate distance of 521.81 feet to a point in the South line of said Section 6; THENCE North 89°58'30" West, along the South line of said Section 6, an approximate distance of 134.01 feet to the PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: 1. A limit of four curb cuts on Frankford between Erskine and Harvard and two curb cuts on Erskine between Frankford Avenue and the east line of the C-2 (Parcell). 2. A five foot minimum setback for non-garage portions of structures on cui de sacs (Parcel 2). SECTION 2. 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 3. 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 24th day of October, 2002. Passed by the City Council on second reading this 14th day of Nov Zone Case No. 183 4-B page-3 of4 ATTEST: £~ ~~---Rebecca Garza, City Secretary'<" RandyHenso I APPROVED AS TO FOruv:t.: . ;:-·~/ ~ c..-c. ../?~? ~--~· Linda L. Chamales, Supervising Attorney Office Practice TKJCCDOCSICJTYAITJLINDA/r.cl&34-B Oe.-obcr 15, 2001 Zone Case No. 1834-B page-4 of4