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HomeMy WebLinkAboutOrdinance - 10072-1998 - Zone Case 2815 Zoning Change R-1 To R-1 Garden Homes - 05/28/1998First Reading Item No. 32 May 28, 1998 Second Reading Item No. 14 June 11, 1998 ORDINANCE NO ........ l=-=0~07L.::2,___ __ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2815; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON 3.8 ACRES OF LAND OUT OF SECTION 16, BLOCK E-2, 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 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 1HEREFORE: BE IT ORDAINED BY 1HE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2815 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 to R-1 Specific Use for garden homes on 3.8 acres of land out of Section 16, Block E-2, City of Lubbock, Lubbock County, Texas, located south of 104tb Street and west of Wayne, subject to the following condition, and being further described as follows: Metes and Bounds description of a 3.8 acre tract out of Section 16, Block E- 2, Lubbock County, Texas, further described as follows: Beginning at a point; which bears South 0°03'27" West, 2142.42 feet and South 89°59'09" East, 871.08 feet from the Northwest comer of Section 16, Block E-2; THENCE South 89°59'09" East, a distance of 321.03 feet; THENCE South 44°59'34" East, a distance of 14.14 feet; THENCE South, a distance of95.72 feet; THENCE South, a distance of77.00 feet; THENCE East, a distance of 1.11 feet; THENCE South, a distance of 316.89 feet; THENCE South 89°59'38" West, a distance of 331.95 feet; THENCE North 00°01'16" West, a distance of 499.73 feet, to the PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITION: 1. That Proposed Lots 86, 92 and 93 shall have a zero setback on the side property line adjacent to the alley. 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)(2) of Codified Zoning Ordinance No. 7084 on the property described as 3.8 acres 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 ofthe 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. 2815 ·-PAGE2- AND IT IS SO ORDERED. Passed by the City Council on first reading this 28th day of~Ma-.,;y ___ _;>. 1998. Passed by the City Council on second reading this 11th day of June , 1998. APPROVED AS TO FORM: ~ -<~~~ --__.&,__ ilidiL. Chamales, Supervising Attorney, Office Practice Section LLC:dkJZC281S.ORD ccdocs/May 18, 1998 ZONECASENO. 2815 -PAGE3- . 'MAX L. INCE . MAYOR PROTEM ' ' llont'IOP PUitiC NUR,NO NOTICE Ia J~Mtttw tlwrt tlll:lt, the SOIUUI~ City COuncil will hold a f>tltlllc HIQriiiO on Tfwndlly, MaY, tl, 1991 at 11100 a.m., In n. CIIY Clluncll Chambera, tAU ltlh llntt LUb- bock. '!'bal. to~ 1116 NCOIII- mOindllllonl bY n. 1\111 and ~~~~~~~~~------------------------------------1:~~~~~~ ~~ LubbOck, Teiiii:IL Oil' ef, Lubbock CIIY C:Ouncn meetlnaa are awlla· ., .. ,..,,.,.,,, tlletoall-sans nt11<1rdkt11 a1 dls- crbiiiiY.Ihov rtQul,. -Ia I CISII .. • -..,...:r-ury.~U~,-l::-L-.C...O:::-..,-------------------~ tanc .. !!lease contael lha cltv Sec•, retarv'a Office at 175·21!26 or write --~--------------~-----------------4~~~--~~~_.~~WL~~------------~~~~~~~i~~:~c:! Morris Communication Corporation FOR!\1 58-10 ot the mtttlnv. Alllntermed per. IOn5 may tPeak, then tho CIIV' Councllwnra,tonauchntC101'111'11811-dat!* 1'ht followtno aone ccr--. ~~~~~~~~~b, ___ J Wlll!!t1tlicmt: ' . . i ·; I l FORM 58-111 JUN 2 6 1998 PHIWP HERNANDEZ NWcom~:Wof Tew 1H4-200~