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Home My WebLink AboutOrdinance - 2003-O0129 - Ordinance Amending Zone Case 2985; Southwest Quarter - 12/08/2003First Reading December 8, 2003 Item No .. 28 ORDINANCE NO. 2003-00129 Second Reading December 18, 2003 Item Bo .. 31 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2985; A ZONING CHANGE FROM T TO GO, C-3, A-2, AND R-1 SPECIFIC USE ON 160.2 ACRES OF UNPLATTED LAND OUT OF THE SOUTHWEST QUARTER OF SECTION 25, 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 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 complied with, including giving notices in compliance with Section 29-24 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 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. 2985 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from T to GO, C-3, A-2, and R-1 Specific Use under provisions of Section 29-29 and Section 29-24 of the Code of Ordinances of the City of Lubbock on 160.2 acres of unplatted land out of the Southwest Quarter of Section 25, Block E-2, City of Lubbock, Lubbock County, Texas, located north of 114th Street and east of Frankford Avenue, subject to conditions, and being described as follows: Zone Case No. 2985 Pagel of7 TRACT A: T Zoning to GO Zoning: Metes and Bounds Description attached as Exhibit "A" . TRACT B: T Zoning to C-3 Zoning: Metes and Bounds Description attached as Exhibit "B". TRACT C: T Zoning to A-2 Zoning: Metes and Bounds Description attached as Exhibit "C". TRACT D: T Zoning to R-1 Specific Use: Metes and Bounds Description attached as Exhibit "D". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the developer will present to the Planning and Zoning Commission a traffic management plan on curb returns for each of the zoning districts along 114th Street and the commercial area along Frankford Avenue. This management plan must be approved prior to issuance of any construction permit. 2. THAT Tract D shall have the minimum front setback of twenty (20) feet for standard lots and five (5) feet for cul de sac lots. 3. THAT Tract D shall have a five (5) foot side setback on comer lots. 4. THAT in Tract D, for comer lots which have paved alleys and alley access to the garage, the setback of any fencing along the side street shall be five (5) feet. 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) of Codified Zoning Ordinance No. 7084 on the property described as Tract D of 160.2 acres of unplatted land out of the Southwest Quarter of Section 25, Block E- 2, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/ I 00 Zone Case No. 2985 page2 of7 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 8th day of December , 2003. ATTEST: ~<-••~ Re ecca Garza, City Secre APPROVED AS TO CONTENT: , Senior Planner APPROVED AS TO FORM: ~~ ~ c £,_,_ ---&-· Linda L. Chamales, Supervising Attorney Office Practice Section ke/ccdocs/ZC2985.ord November 20, 2003 Zone Case No. 2985 page3 of7 EXHIBIT "A" TO ZONE CASE 2985 G-OZone 0 rdfnalice No. 2003-00129 METES AND BOUNDS DESCRIPTION of a 7.5 acre tract ofland located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at the Southeast comer of the Southwest Quarter of Section 25, Block E-2, Lubbock County, Texas; THENCE S. 89°28'14" W., along the South line of Section 25, BlockE-2, an approximate distance of 1236.3 feet; THENCE N. 00°31 '46" W. an approximate distance of 265.0 feet; THENCE N. 89°28'14" E. an approximate distance of 1237.4 feet to a point in the East line of the Southwest Quarter of Section 25, Block E-2; THENCE S. 00°02'37" E., along the East line of the Southwest Quarter of Section 25, Block E-2, an approximate distance of265.0 feet to the Point of Beginning. Zone Case No. 2985 Page4 of7 EXHIBIT "B" TO ZONE CASE 2985 C-3 Zone Ordinance No. 2003-00129 METES AND BOUNDS DESCRIPTION of a 9.0 acre tract of land located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at the Southwest corner of Section 25, Block E-2, Lubbock County, Texas; THENCE N. 00°01 '31" W. along the West line of Section 25, Block E-2, an approximate distance of 663. 8 feet; THENCE N. 89°42'44" E. an approximate distance of 355.0 feet; THENCE S. 00°01 '3 l" E. an approximate distance of 317.3 feet; THENCE N. 89°28' 14" E. an approximate distance of 432.0 feet; THENCE S. 00°31 '46" E. an approximate distance of345.0 feet to a point in the South line of Section 25, Block E-2; THENCE S. 89°28'14" W., along the South line of Section 25, Block E-2, an approximate distance of 800.0 feet to the Point of Beginning. Zone Case No. 2985 Page 5 of7 EXHIBIT "C" TO ZONE CASE 2985 A-2 Zone Ordinance No. 2003-00129 METES AND BOUNDS DESCRIPTION of a 4.8 acre tract ofland located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 25, Block E-2, Lubbock County, Texas, which bears N. 89°28'14" E. an approximate distance of 800.0 feet from the Southwest comer of Section 25, Block E-2, Lubbock County, Texas; THENCE N. 00°31 '46" W. an approximate distance of 345.0 feet; THENCE N. 89°28' 14" E. an approximate distance of 608.2 feet; THENCE S. 00°31 '46" E. an approximate distance of 345.0 feet to a point in the South line of Section 25, Block E-2; THENCE S. 89°28' 14" W., along the South line of Section 25, Block E-2, an approximate distance of 606.7 feet to the Point of Beginning. Zone Case No. 2985 Page 6 of7 EXHIBIT "D" TO ZONE CASE 2985 R-1 Specific Use Reduced Setbacks Ordinance No. 2003-00129 METES AND BOUNDS DESCRIPTION of a 132.1 acre tract ofland located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of Section 25, Block E-2, which bears N. 00°01 '3 l" W., an approximate distance of 663.8 feet from the Southwest comer of Section 25, Block E-2, Lubbock County, Texas; THENCE N. 00°01 '3 l" W., along the West line of Section 25, Block E-2, an approximate distance of 1756.0 feet; THENCE N. 89°42'44" E. an approximate distance of 1395.6 feet; THENCE N. 00°17'16" W. an approximate distance of244.0 feet to the North line of the Southwest Quarter of Section 25, Block E-2; THENCE N. 89°42'44" E., along the North line of Section 25, Block E-2, an approximate distance of 1247.6 feet to the Northeast comer of the Southwest Quarter of Section 25, Block E-2; THENCE S. 00°02'37" E., along the East line of Section 25, Block E-2, an approximate distance of 2387.7 feet; THENCE N. 89°28'14" E. an approximate distance of 1237.4 feet; THENCE N. 00°31 '46" W. an approximate distance of 80. 0 feet; THENCE S. 89°28' 14" W. an approximate distance of 1040.2 feet; THENCE N. 00°01 '3 l" W. an approximate distance of 317.3 feet; THENCE N. 89°42'44" E. an approximate distance of 355.0 feet to the Point of Beginning. 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