HomeMy WebLinkAboutOrdinance - 2001-O0100 - Zone Case 2832-B Amending Ordinance 2001-O0056 To Allow 5 Ft Setbacks - 12/03/2001First Reading
December 3, 2001
Item No. 46
Second Reading
December 13, 2001
Item No. 22
ORDINANCE NO. 2001-00100
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2832-B; AMEND ORDINANCE NO. 2001-00056 TO
ADD A CONDITION ALLOWING FOR 5 FOOT SIDE SETBACKS ON
SPECIFIED LOTS WITHIN AN UNPLATTED 11.4 ACRE TRACT OF LAND
OUT OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS, 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. 2832-B
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change in zoning under the provisions of Section 29 of the Code of
Ordinances of the City of Lubbock amending Ordinance No. 2001-00056
to add a condition for five foot side setbacks on specified lots within an
unplatted 11.4 acre tract of land out of Section 4, Block E, Lubbock,
Texas, located north of 82nd Street and east of Avenue U to read as
follows:
"4. For lots 64, 72, 73, 79, 80, 86, 87, 93, 94, 100, 101, 107, 108, 114, 115 and
124 the side setback adjacent to a street shall be a minimum of five feet.
No portion of a structure may be in the visibility triangle."
I
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 C-4 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)(25) of Codified Zoning
Ordinance No. 7084 on the property described as specified lots within an unplatted 11.4
acre tract ofland out of Section 4, Block E, 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.
AND IT IS SO ORDERED.
ATTEST:
~~~ Rebecca Garza, City Secretary'
APPROVED AS TO FORM:
~~ ~ cL~ ~----
Linda L. Chamales, Supervising Attorney,
Office Practice Section
LLC:gs/ZC2832-B.ORD
ccdocs&cityatt/linda/zone cases
Zone Case No. 2832-B
Page 2 o/2