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Home My WebLink AboutOrdinance - 9983-1997 - Zone Case 2791 Zoning Change R-1 To R-1 Specific Use For Garden Homes - 03/27/1997First Reading Item #28 March 27, 1997 Second Reading Item #14 April 10, 1997 ORDINANCE NO. _...,.9....,98 ...... 3L---- AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2791; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A PORTION OF LAND OUT OF SECTION 13, 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. 2791 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 zoning district, on a portion of land out of Section 13, Block E-2, City of Lubbock, Lubbock County, Texas, located South of 90th Street and East of Elgin A venue, and being further described as follows: BEGINNING at a 3/8" rod found in the proposed center of 90th Street, and North line of the Southeast Quarter (SE/4) of Section 13, as shown by Plat of Lots 126- 197, University Pines, an Addition to the City of Lubbock, as recorded in Volume 1488, Page 860, Lubbock County Deed Records, from whence the Northwest comer of the SE/4 is shown by said plat to bear WEST 239 feet; THENCE EAST, 1124.11 feet to a found 3/4" rod for the Northeast comer of this tract and the Northwest comer of the Earl Crow Park tract; THENCE South 11°45'16" West, 333.00 feet to a found 3/8" rod in the Northeast Right of Way line of9lst Street; THENCE North 45°15'30" West, 105.72 feet to a 1/2" rod with cap marked RPLS 4460 set at a point of curvature; THENCE Northwesterly around a curve to the right through a central angle of 26°14'20", an arc distance of 133.30 feet, a chord bearing of North 32°08'20" West, a chord distance of 132.13 feet to a set 1/2" rod with cap; THENCE South 89°591 West, along the North line of an alley, 925.89 feet to a set 1/2" rod with cap; THENCE NORTH, 95.00 feet to a found 3/811 rod a point of curvature; THENCE Northeasterly, around a curve to the right, through a central angle of 90°, an arc distance of 23 .56 feet, a chord bearing of North 45°00'00" East, a chord distance of21.21 feet to a 1/2" rod with cap set for a comer of this tract. THENCE NORTH, 30.00 feet to the Place of Beginning and containing 4.044 acres including any Right of Way. 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 a portion of land out of Section 13, Block E-2, (South of90th Street and East of Elgin Avenue), 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 Noll 00 ZONE CASE NO. 2791 PAGE2 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 27th day of March • 1997. --===a..---P ass e d by the City Council on second reading this 10th day of April • 1997. ATI'EST:·. ~DAS TO CONTENT: Lca#i /.k.so,L Rffn.dy He~ Senior Planner APPROVED AS TO FORM: ~. -e ~ C~----.. ~ Linda L. Chamales, Supervising Attorney, Office Practice Section dk/ccdocs/ZC2791.0RD March 12, 1997 ZONE CASE NO. 2791 PAGE3 I I I j Morris Communication Corporation ....J<~L---U,.J...._to-_at Lubbock County, Texas and the attached print- of the original and was printed in the Lubbock NOTARY PUBLIC in and r the State of Texas My Commission Expires .................. __ _ Subscribed and sworn to before me thi,.,_ __ 7_;._ __ day of M<u.j -1·"'), PATTI TATE * ~ Notary PubRc, State of Texas •• My Commission Expires ~~ 7-05-2000 FORM!>8-10 i ' RE::CEll'~:D MAYO 8 1997 ~~~~ ~~~ COUNTY ~\WB~ BOCK, TEXAS . Before rnP~a.tf\ ~+e, tl-Notary PubJic ip and/~r _Lubbock County, Texas on this day personally appearerl=);;.nn..o.. Gr&-J, JEJe pho Me'S:):';.lCS P'fi C of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that ,aid ne sp r !lS been published continuously for more than fifty-two weeks pri- or to the first insertion of this ..!L~~.&4--ll"7~~;;;;;;:;;,:sz-,------------------- .-J.1;.£.a.--1µ,e..a.ic__-t Lubbock County, Texas and the attached print- ~the original and was printed in the Lubbock NOTARY PUBLIC in and for the State of Texas My Commission Expires .................. __ _ Morris Commnnication Corporation Subscribed and sworn to before me thi.""s --~---day of /\/Lay 19 q,7 FORI\ISS-10 Morris Communication Corporation -l!~L::..J;JJ.t~JL_at Lubbock County, Texas and the attached print- \?\>~ of the original and was printed in the Lubbock NOTARY PUBLIC in and for the State of Texas My Commission Expires .................. __ _ Subscribed and sworn to before me th .... is~-;}~L{~ __ d,ay of. Af.l! If~ FORJ\158-l0