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HomeMy WebLinkAboutOrdinance - 2007-O0067 - Amending Zoning Ordinance No. 7084 - 06/26/2007First Reading June 26, 2007 Itea Ro. 5.10 ORDINANCE NO. 2007-o0067 Second Reading July 12, 2007 Itea Ro. 5.9 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKlNG THE FOLLOWING CHANGES: ZONE CASE NO. 3088; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR GARDEN HOMES ON 1.12 ACRES OF UNPLATTED LAND OUT OF SECTION 17, BLOCK E-2, 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 complied 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 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. 3088 SECTION 1. THAT Ordinance No . 7084 and the Official Zoning Map are amended as follows : A change of zoning from T to R·l Specific Use for Garden Homes under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 1.12 acres of unplatted land out of Section 17, Block E2, City of Lubbock, Lubbock County, Texas, located at East of Quaker Avenue at 1081h Street, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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 Pennit 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 pennitted under provision of Section 29-24 (c) (3) of Codified Zoning Ordinance No. 7084 on the property described as East of Quaker Avenue at 1081h Street, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fme 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. 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 26t:h day of ---=J:..=un=e=----' 2007. Passed by the City Council on second reading this 12th day of __ J_u-'1y~-· 2007. 7'-)~?q'~ DAVID~:. MAYOR ATTEST: ~..__()&<--< .. ~ Rebe ca Garza, City Secretary Zone Case No. 3088 page-2 of3 APPROVED AS TO CONTENT: APPROVED AS TO FORM: Linda L. Chamales Senior Attorney Office Practice vw/cityatt/Linda/ZoneCases/ZC3088 June 14,2007 Zone Case No. 3088 page-3 of3 0 c CIVIT.., ENGINEERING LAND PLANNING Ordinance No. 2007-o0067 Rezone to R-1 Specific Use for Garden Homes METES AND BOUNDS DESCRIPTION of a 1.12 acre tract ofland located in Section 17, Block E2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point bearing N 00°12'02" W 2531.8' and East 294.99' from the southwest comer of Section 17, Block E2, Lubbock County, Texas; THENCE N 45°11 '08" E 14.14'; TIIENCE N 89°49'28" E 289.68'; TIIENCE Southeasterly, along a curve to the left, having a radius of 43', a central angle 2T'Ol '03", a chord length of20.09', a chord bearing ofS 20o:24'13" E and an arc length of20.28'; THENCE S 18°53'02" Wan approximate distance of 10.55'; THENCE Southwesterly, along a curve to the right, having a radius of 74', a central angle 28°33'36", a chord length of36.51 •, a chord bearing ofS 33°09'50" Wand an arc length of36.89'; THENCE Southwesterly, along a curve to the left, having a radius ofSOO', a central angle 6°02'51", a chord length of52.75', a chord bearing ofS 44o:25'12" Wand an arc length ofS2.77'; THENCE Southwesterly, along a curve to the right, having a radius of SO', a central angle 84°15'38", a chord length of 67.08', a chord bearing ofS 830Jl '36" Wand an arc length of73.53'; 'IHENCE Southwesterly, along a curve to the left, having a radius of 50', a central angle 170°35'56", a chord length of99.66', a chord bearing ofS 30057'23" Wand an arc length of 165.28'; THENCE Southeasterly, along a curve to the right, having a radius of 50', a central angle 84°15'38", a chord length of 67.08', a chord bearing ofS 290J6'51" E and an arc length of73.53'; THENCE Southwesterly, along a curve to the left, having a radius ofSOO', a central angle 0°41 '43", a chord length of 6.07', a chord bearing ofS 20°10'07'' Wand an arc length of 6.07'; THENCE West 150.20'; THENCE N 00°11 '44" W 247.22' to the Point ofBeginning and containing approximately 1.12 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Dr. Jewell Davis May 14,2007 P:\06037 .S178E%-OIICHAAO PAAk\06037.1-!.0TS 1-E8106037.1.f.I&B ZONE CHANGE. doe