HomeMy WebLinkAboutOrdinance - 10162-1999 - Zone Case 2847 Zone Change R-1 To R-1 Specific Use Sec 28 Block AK - 05/27/1999First: Beading
Hay 27. 1999
Item No. 37
II
Second Beading
June 10. 1999
Item No. 12
ORDINANCE NO. 1m 62
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2847; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING (FOR A REDUCED FRONT SETBACK) ON A PORTION
OF LAND OUT OF SECTION 28, BLOCK AK, 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. 2847
SECTION 1. TIIAT Ordinance No. 7084 and the Official Zoning Map are amended
as follows:
A change of zoning under the provisions of Section 29-24( c )(10) of the Code
of Ordinances of the City of Lubbock from R-1 to R-1 Specific Use for a
reduced front setback on a portion of land out of Section 28, Block AK
City of Lubbock, Lubbock County, Texas, located south of82nd Street and
west of Frankford. Subject to the following conditions and being further
described as follows:
Metes and bounds description for a 146.089 acre tract of land located in the
Northeast one-third of Section 28, Block AK, Lubbock County, Texas, being
further described as follows:
Beginning at a point which is N. 8~54'20" W., 1,500.00 and S. 00°01 '35"
E., 398.05 feet from the Northeast comer of Section 28, Block AK, said point
being in the North line of a 20 foot alley dedicated by plat in Volume 4652,
Page 28 of the Real Property Records of Lubbock County, Texas;
THENCE S. 00°01'35" E., along the West line of said plat, a distance of
1201.95 feet to a point which is the Southwest comer of a tract described in
Volume 4310, Page 162 of the Real Property Records of Lubbock County,
Texas, and an ell comer of this tract;
THENCE S. 89°54 '20" E., along the South line of said tract described in
Volume 4310, Page 162, a distance of 1445.00 feet to a point in the West
right-of-way line of Frankford Avenue, as dedicated in Volume 2808, Page
153 of the Real Property Records of Lubbock County, for a comer of this
tract;
THENCE S. 00001 '35" E., along the West right-of-way line of said Frankford
Avenue, a distance of 1930.47 feet to a point that is the Southeast comer of
the Northeast one-third of said Section 28, Block AK and the Southeast
comer of this tract;
THENCE N. 89°54'20" W., along the South line of said Northeast one-third
of Section 28, a distance of 2585.60 feet to the Southwest comer of the said
Northeast one third of Section 28 and the Southwest comer of this tract;
THENCE N. 00°02'30" W., along the West line of said Northeast one-third
of Section 28, a distance of 3132.42 feet to a point that is S. 00°02'30" E.,
343.05 feet from the South right-of-way line of 82nd Street, the Northwest
comer of this tract;
THENCE S. 8~54'20" E., 343~05 feet from and parallel to the South line of
said 82nd Street right-of-way line, a distance of 1141.46 feet to the Place of
Beginning.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Setback shall be twenty feet along streets.
2. Setback for cui de sacs shall be a minimum of five feet, except that front facing
garage portions of structures shall not have less than twenty feet of setback.
SECTION 2. THAT the granting of this specific use zoning is hereby made subject to
compliance to 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 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)(10) of Codified Zoning Ordinance No. 7084
on the property described as a portion of land out of Section 28, Block AK, 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/1 00 Dollars
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City ofLubbock.
Zone Case No. 2847
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SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this
Ordinance be declared unc<)nstitutional 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 27th day of_-;,Ha;:;=-y ___ ,, unx 1999
Passed by the City Council on second reading this lOth day of June 1998.
APPROVED AS TO FORM:
.,--~.:_t:.-~~~
Linda L. Charnales, Supervising Attorney,
Office Practice Section
LLC:cp/ZC2847.0RD
Ccdocs/05/13/99
tlt.-~ ~ON, MAYOR
Zone Case No. 2847
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