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HomeMy WebLinkAboutOrdinance - 2004-O0061 - Amending Zoning Ordinance Making Changes: Case No. 1864-I; Privatre RV Park - 05/25/2004First Reading Kay 25~ 2004 Item No. 7 ORDINANCE NO. 2004-o0061 Second Reading June 9, 2004 Item No. 16 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1864-1; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE FOR A PRIVATE RV PARK ON THE SOUTH 100 FEET OF TRACT F, PARK LORRAINE ADDITION, 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. 1864-1 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are I amended as follows: A change of zoning from C-4 to C-4 Specific Use for a private RV Park under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on the south 100 feet of Tract F, Park Lorraine Addition, City of Lubbock, Lubbock County, Texas, located at 3409 Milwaukee Avenue, and subject to conditions: ji I SUBJECT TO THE FOLLOWING CONDITION: 1. THAT the RV spaces shall be used only by Elks members and guests. 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 1 Ordinance, which provides that a Building Permit shan· 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 C-4 zone districts; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific l 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 the south 100 feet of Tract F, Park Lorraine Addition, City of Lubbock, Lubbock County, Texas. 1 SECTION 3. THAT violation of any provision of this Ordinance shall be I deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 ' Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. 1'j 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. ,I 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. 1864-I page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 25th day of ___ Ma~y ___ , 2004. Passed by the City Council on second reading this __ _ 004. I' ll ATTEST: g~~ Re~ a Garza, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: ,,_____,_ ~~~ ~.--e__.- !I Linda L. Chamales Supervising Attorney Office Practice as/cityatt/Linda/ZoneCases/ZC1864-I May 6, 2004 Zone Case No. 1864-I page-3 of3 Ordinance No. 2004-00061 PARENT TRACT LEGAL TRACT A, SOUTH PLAINS ADDiilON TO THE CITY OF LUBBACK, LUBBA-CK COUNTY, TEXAS, ACCORDING TO THE MAP PLAT AND /OR DEDICA ilON DEED THEREOF' RECORDED IN VOLUME 7235, PAGE' 421 OF THE DEED RECORDS OF LUBBO'CK COUNTY, TEXAS; AND THE VOLUME 1255, PAGE 379 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS. TRACT B, SOUTH PLAINS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY. TEXAS, ACCORDING TO THE MAP PLAT AND /OR DEDICA 'TION DEED THEREOF RECORDED IN VOLUME 1429, PAGE 282 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS. TRACT D, SOUTH PLAINS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ACCORDING TO THE MAP PLAT AND /OR DEDICA 'TION DEED THEREOF' RECORDED IN VOLUME 5838, PACE 521 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS. SAVE &: EXCEPT THAt PRO'TION OF TRACTS A &: B PREVIOUSLY CONVEYED TO SEARS ROBUCK &: COMPANY, IN VOLUME 1430, PAGE 235 OF THE DEED RECORDS OF LUBBOCK COUN·TY, TEXAS, BEING FURTHER DESCRIBED AS FOLLOWS: SITUATED IN LUBBOCK COUNTY, TEXAS, BEING A 12.5 ACRE TRACT OF LAND OUT OF TRACTS A & 8, SOUTH PLAINS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND BEING MORE PARICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL SET FOR THE NORTHEAST CORNER OF THIS TRACT; FROM WHENCE THE NORTHEAST CORNER OF SECTION 28, BLOCK E-2 BEARS NORTH, 3126.5 FEET AND EAST 1215.9 FEET; THENCE SOUTH 0"00'27 .. EAST, 545 F'EET TO A NAIL SET FOR A CORNER OF THIS TRACT; THENCE SOUTH 24"02'50" WEST, 614.03 FEET TO AN IRON ROO SET IN THE NORTH RIGHT-OF-WAY LINE OF LOOP 289 FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 55"50'10" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF LOOP 289, AT 100.08 F'EET PASS THE SOUTHWEST CORNER OF LOT A, CONTINUING FOR A TOTAL DISTANCE OF 542.48 FEET TO AN IRON ROD SET FOR THE SOUTHWEST CORNER OF' THIS TRACT; THENCE NORTH 0'00'27" WEST, 700.58 FEET TO AN IRON ROD SET FOR THE NORTHWEST CORNER OF' 1liiS TRACT; . THENCE NORTH 89"59'33" EAST, 656.7 FEET TO THE PLACE OF' BEGINNING, CONTAINING 12.5 ACRES. -·--· P~;~S;~-LEA;E. SITE~ -··.... . .................................. ··-·-·----- COMMENCE AT THE NORTHWEST CORNER OF AFORE SAID TRACT A, THENCE SOUTH 01·47'51" WEST, ALONG THE WESTERLY LINE OF SAID TRACT A. A DISTANCE OF 310.52 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 89.53'1 0" EAST A DISTANCE OF 3543.1 0' TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89.53'1 0" EAST A DISTANCE OF 30.00 FEET; THENCE SOUTH oo·os'50" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 89.53'1 0" WEST A DISTANCE OF 30.00 FEET: THENCE NORTH oo·os'SO" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF -BEGINNING. - RETI \ \ \ \ \