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HomeMy WebLinkAboutOrdinance - 2002-O0122 - Amending Zoning Ordinance Making Changes: Case 2952 - 10/24/2002!First Reading October 24, 2002 Item No. 48 Second Reading November 14, 2002 Item No. 39 ORDINANCE NO. 2002-00122 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE I OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2952; A ZONING CHANGE FROM R-1 TO C-2, C-3, A-2, A-1, R-2, and R-1 SPECIFIC USE ZONING ON AN UNPLATTED 106-ACRE TRACT OF LAND OUT OF SECTION 5, BLOCK J-S, 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 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 Sections 29-24 © (24), 29-8, 29-9, 29-10, 29-17, and 29-18 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. 2952 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 ofthe City ofLubbock fi·om R-1 to C-2, C-3, A-2, A-1, R-2, and R-1 Specific Use zoning district on an unplatted 106-acre tract of land out of Section 5, Block J-S, City of Lubbock, Lubbock County, Texas, located at North of Erskine Street and East of Slide Road. Subject the following conditions and being further described as follows: Parcell R-1 to C-2 Zoning Metes and bounds description of a 3.5 acre tract of land located in Section 5, Block J-A, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears North an approximate distance of 55 feet and West an approximate distance of 75 feet from the Southeast corner of Section 6, Block J-S, Lubbock County, Texas; THENCE West an approximate distance of 420 feet to a point; THENCE North an approximate distance of 360 feet to a point; THENCE East an approximate distance of 420 feet to a point; THENCE South an approximate distance of 360 feet to the POINT OF BEGINNING. Parcel2 R-1 to C-2 Zoning Metes and Bounds description of an approximate 5.3 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South an approximate distance of 55 feet and East an approximate distance of 10 feet from the Northwest corner of Section 5, Block J-S, Lubbock County, Texas; THENCE East an approximate distance of 650 feet to a point; THENCE South an approximate distance of 165 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having an approximate radius of 445 feet, an approximate central angle of 3Z030' and an approximate chord distance of 250 feet to a point; THENCE N. 55° W. an approximate distance of 85 feet to a point; THENCE West an approximate distance of510 feet to a point; THNENCE North an approximate distance of 355 feet to the POINT OF BEGINNING. Zone Case No. 2952 page-2 of 10 Parcel3 R-1 to C-2 Zoning Metes and Bounds description of an approximate 7.2 acre tract of land located in Section 5, Block J-S Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South an approximate distance of 55 feet and East an approximate distance of 780 feet from the Northwest corner of Section 5, Block J-S, Lubbock County, Texas; THENCE East an approximate distance of 526 feet to a point; THENCE South an approximate distance of 597 feet to a point; THENCE West an approximate distance of 175 feet to a point of curvature; THENCE Northwesterly around a curve to the right, said curve having an approximate radius of 765 feet, an approximate central angle of 35°47' and an approximate chord distance of 470 feet to a point; THENCE Northeasterly around a curve to the right, said curve having an approximate radius of 560 feet, an approximate central angle of 27°16' and an approximate chord distance of 265 feet to a point; THENCE North an approximate distance of 206 feet to the POINT OF BEGINNING. Parcel4 R-1 to C-3 Zoning Metes and Bounds description of an approximate 12.4 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears North an approximate distance of 55 feet and East an approximate distance of 75 feet from the Southwest corner of Section 5, Block J-S, Lubbock County, Texas; THENCE North an approximate distance of 620 feet to a point; THENCE East an approximate distance of871 feet to a point; THENCE South an approximate distance of 620 feet to a point; THENCE West an approximate distance of 871 feet to the POINT OF BEGINNING. Zone Case No. 2952 page-3 ofJO ParcelS R-1 to A-2 Zoning Metes and Bounds description of an approximate 17.5 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears North an approximate distance of 55 feet and West an approximate distance of 495 feet from the Southeast corner of Section 6, Block J-S, Lubbock County, Texas; THENCE West an approximate distance of820 feet to a point; THENCE North an approximate distance of 740 feet to a point; THENCE East an approximate distance of 1240 feet to a point; THENCE South an approximate distance of 380 feet to a point; THENCE West an approximate distance of 420 feet to a point; THENCE South an approximate distance of 360 feet to the POINT OF BEGINNING. Parcel6 R-1 to A-2 Zoning Metes and Bounds description of an approximate 16.6 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears North an approximate distance of 20 feet and West an approximate distance of 300 feet from the Southeast corner of the Northeast Quarter of Section 5, Block J-S, Lubbock County, Texas; THENCE West an approximate distance of 493 feet to a point; THENCE North an approximate distance of 1034 feet to a point; THENCE East an approximate distance of 738 feet to a point; THENCE South an approximate distance of 875 feet to a point; THENCE West an approximate distance of245 feet to a point; THENCE South an approximate distance of 160 feet to the POINT OF BEGINNING. Zone Case No. 2952 page-4 oflO Parcel7 R-1 to A-1 Zoning Metes and Bounds description of an approximate 8.8 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears North an approximate distance of 20 feet and East an approximate distance of 31 feet from the Southwest corner of the Northeast Quarter of Section 5, Block J-S, Lubbock County, Texas; THENCE North an approximate distance of 487 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having an approximate radius of 233 feet, an approximate central angle of 90° and an approximate chord distance of 330 feet to a point; THENCE East an approximate distance of314 feet to a point; THENCE South an approximate distance of 720 feet to a point; THENCE West an approximate distance of 547 feet to the POINT OF BEGINNING. ParcelS R-1 to R-2 Zoning Metes and Bounds description of an approximate 4.1 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South an approximate distance of 55 feet and West an approximate distance of 320 feet from the Northeast corner of Section 5, Block J-S, Lubbock County, Texas; THENCE South an approximate distance of 1480 feet to a point; THENCE West an approximate distance of 120 feet to a point; THENCE North an approximate distance of 1480 feet to a point; THENCE East an approximate distance of 120 feet to the POINT OF BEGINNING. Zone Case No. 2952 page-5 oflO Parcel9 R-1 to R-2 Zoning Metes and Bounds description of an approximate 4.3 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South an approximate distance of 68 feet and West an approximate distance of 674 feet from the Northeast corner of the Southwest Quarter of Section 5, Block J-S, Lubbock County, Texas; THENCE South an approximate distance of 802 feet to a point; THENCE East an approximate distance of 334 feet to a point; THENCE South an approximate distance of 112 feet to a point; THENCE West an approximate distance of355 feet to appoint; THENCE S. 76°02' W. an approximate distance of 42 feet to a point; THENCE S. 45° W. an approximate distance of70 feet to a point; THENCE N. 45° W. an approximate distance of286 feet to a point; THENCE N. 45° E. an approximate distance of 213 feet to a point; THENCE N. 29°08' e. an approximate distance of 87 feet to a point; THENCE North an approximate distance of 544 feet to a point; THENCE East an approximate distance of 120 feet to the POINT OF BEGINNING. Parcel10 R-1 to R-2 Zoning Metes and Bounds description of an approximate 3.4 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South an approximate distance of 428 feet and East an approximate distance of 10 feet from the Northwest corner of Section 5, Block J-S, Lubbock County, Texas; Zone Case No. 2952 page-6 of 10 THENCE East an approximate distance of505 feet to a point; THENCE S. 55° E. an approximate distance of79 feet to a point; THENCE Southwesterly around a curve to the right, said curve having an approximate radius of 445 feet, an approximate central angle of 04°07' and an approximate chord distance of 32 feet to a point; THENCE Southwesterly around a curve to the left, said curve having an approximate radius of 555 feet, an approximate central angle of 26°06' and an approximate chord distance of 251 feet to a point; THENCE West an approximate distance of 440 feet to a point; THENCE North an approximate distance 296 feet to the POINT OF BEGINNING. Parcelll R-1 to R-2 Zoning Metes and Bounds description of an approximate 2.5 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears North an approximate distance of 55 feet and West an approximate distance of340 feet from the Southeast corner of the Southwest Quarter of Section 5, BlockJ-S, Lubbock County, Texas THENCE West an approximate distance of 406 feet to a point; THENCE North an approximate distance of 88 feet to a point; THENCE N. 45° E. an approximate distance of393 feet to a point; THENCE East an approximate distance of 128 feet to a point; THENCE South an approximate distance 366 feet to the POINT OF BEGINNING. Parcel12 R-1 to R-2 Zoning Metes and Bounds description of an approximate 8.2 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, beginning further described as follows: Zone Case No. 2952 page-7 ofJO BEGINNING at a point which bears North an approximate distance of 20 feet and East an approximate distance of 578 feet from the Southwest corner of the Northeast Quarter of Section 5, Block J-S, Lubbock County, Texas; THENCE North an approximate distance of 281 feet to a point of curvature; THENCE East an approximate distance of 1269 feet to a point; THENCE South an approximate distance of 281 feet to a point; THENCE West an approximate distance of 1269 feet to the POINT OF BEGINNING. Parcel13 R-1 to R-2 Zoning Metes and Bounds description of an approximate 2.1 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South an approximate distance of 558 feet and East an approximate distance of 655 feet from the Northwest corner of Section 5, Block J-S, Lubbock County, Texas; THENCE Southeasterly around a curve to the left, said curve having an approximate radius of 823 feet, an approximate central angle of 35°33' and an approximate chord distance of 502 feet to a point; THENCE East an approximate distance of 173 feet to a point; THENCE South an approximate distance of 120 feet to a point; THENCE West an approximate distance of336 feet to a point; THENCE N. 70°30' W. an approximate distance of 418 feet to a point; THENCE Northeasterly around a curve to the right, said curve having an approximate radius of 445 feet, an approximate central angle of 20°09' and an approximate chord distance of 156 feet to the POINT OF BEGINNING. Parcel14 R-1 to R-1 Specific Use Zoning Metes and Bounds description of an approximate 10.0 acre tract of land located in Section 5, Block J-S, Lubbock County, Texas, being further described as follows: Zone Case No. 2952 page-· 8 ofJO BEGINNING at a point which bears North an approximate distance of 55 feet and West an approximate distance of 35 feet from the Southeast corner of the Southwest Quarter of Section 5, Block J-S, Lubbock County, Texas; THENCE West an approximate distance of250 feet to a point; THENCE North an approximate distance of 1750 feet to a point; THENCE East an approximate distance of 250 feet to a point; THENCE South an approximate distance of 1750 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Within the R-1 Specific Use portion (Parcel 14) West of North Utica the front minimum setback for lots adjacent to a cui de sac shall be five feet with the exception of a garage portion of the structure. 2. On the C-2 and C-3 parcels (Parcels 1-4), the Planning Commission will review a site plan with architectural and landscape details prior to a construction permit. 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 (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) (3) of Codified Zoning Ordinance No. 7084 on the property described as an unplatted 106- acre tract of land out of Section 5, Block J-S, City of Lubbock, Lubbock County, Texas 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. Zone Case No. 2952 page-9 of!O 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. , 2002 . ATTEST: £_&,~. ~v--~ Rebecca Garza,. City Secretary ~~ED AS TO CONTENT: ~S@L APPROVED AS TO FORM: ~Y-<:.'~ Linda L. Chamales, Supervising Attorney Office Practice TK!CCDOCS/CtTY r'\ TT/LrNOA!n2952 October 15, 2002 . ~/JjtJ: ~ ~ T. J. Patterson, Senior Council Member Zone Case No. 2952 page-10 of 10