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HomeMy WebLinkAboutOrdinance - 2001-O0035 - Amending Zoning Ordinance 7084 Zone Case 2828-B Change R-1 Reduced Front To R-1 - 04/26/2001First Reading April 26, 2001 Item No. 48 Second Reading May 10, 2001 Item No. 24 ORDINANCE NO. 20014)0035 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2828-B; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR A REDUCED FRONT SETBACK TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON AN UNPLATTED 1.102 ACRE PORTION OF LAND OUT OF SECTION 16, 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 finds 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 the proposed amendment, and the public hearing according to said notice, was duly 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 determined by the City Council 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. 2828-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 29-24(c)(2) of the Code of Ordinances of the City of Lubbock from R-1 Specific Use for a reduced front setback to R-1 Specific Use for Garden Homes on an unplatted 1.102 acre portion of land out of Section 16, Block E-2, City of Lubbock, Lubbock County, Texas, located South of 105th Street and East of Vicksburg Ave. and being further described as follows: Legal description for a zone change request from R-1 to R-1 Specific Use - Garden Homes for an approximate 1.102 acre tract ofland located in Section 16, Block E-2, Lubbock County, Texas being further described as follows: Beginning at a point in the South line of the Northwest Quarter of Section 16, block E-2, said point bears N 89°59'07" W. an approximate distance of 1093.05 feet from the Southeast corner of the Northwest corner of said Section 16, Block E-2, said point also being the Southeast corner of a tract of land described in Volume 5559, Page 125 of the Real Property Records of Lubbock County, Texas; THENCE N. 00°05' 19" W., along the East property line of said tract described in Volume 5559, Page 125, an approximate distance of 302.35 feet to a point that is the Northwest corner of this tract; THENCE S. 89°59'17" E., an approximate distance of 159.09 feet to a point that is the Northeast corner of this tract; THENCE S. 00°00'43" W., an approximate distance of 302.35 feet to a point in the South line of said Section 16 that is Southeast corner of this tract; THENCE N. 89°59'07" W., along the South line of said Northwest Quarter of said Section 16, an approximate distance of 158.56 feet to the Place of Beginning. 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 R-1 Specific Use for reduced front setback 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)(2) of Codified Zoning Ordinance No. 7084 on the property described as an unplatted 1.102 acre portion of land out of Section 16, Block E-2, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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. 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. Zone Case No. 2828-B Page 2 o/3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 26th day of Apri1 Passed by the City Council on second reading this 10th day of May ATTEST: ~~_A Q ~~>-Rebeca Garza, City Secretary ~ APPROVED AS TO FORM: c:YC~~~~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC2828-B.ORD Ccdocs/04il 9/0 I ~MAYOR Zone Case No. 2828-B Page3 o/3 , 2001. , 2001.