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Home My WebLink AboutOrdinance - 9789-1995 - Zone Case 2402-E Change From GO To R-1 Specific Use Garden Homes - 03/23/1995First Reading March 23, 1995 Item #23 Second Reading April 13, 1995 Item #35 ORDINANCE NO. 9789 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2402-E; A ZONING CHANGE FROM GO TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 26, BLOCK E-2, I 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 Ayalancbe-Joumal 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 frrst reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2402-E 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 GO to R-1 Specific Use for garden homes, on a tract of land out of Section 26, Block E-2, City of Lubbock, Lubbock County, Texas, located at the Southeast comer of 82nd Street and Elkhart A venue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION of a 0.461 acre tract of land located in Section 26, Block E-2, Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a W' rod found with cap in the South right-of-way line of 82nd Street and the West line of a 20 foot alley, at the Northeast comer of this tract, said rod bears S. 89°53'15" E. a distance of 1393.14 feet and S. 00°02' W. a distance of 55.00 feet from the Northwest comer of Section 26, Block E-2, Lubbock, Lubbock County, Texas; I' THENCE S. 00°02' W., along said West alley line, a distance of 159.14 feet to a ~, rod found with cap; THENCE S. 45°02" W. a distance of 14.14 feet to a W' rod found with cap in the North line of a 20 foot alley; THENCE N. 89°58' W., along said North alley line a distance of 115.00 feet to a W' rod set with cap in the East right-of-way line of Elkhart Avenue; THENCE Northeasterly, along said East right-of-way line, around a curve to the left, said curve having a radius of 1342.95 feet, a central angle of 06°09'54", tangent lengths of 72.32 feet, and a chord distance of 144.43 feet to a W' rod set with cap for a point of tangency; THENCE N. 00°06'45" E., along said East right-of-way line, a distance of 10.09 feet to a point of curvature; THENCE Northeasterly, around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a point of tangency in the South right-of-way line of 82nd Street; THENCE S. 89°53'15" E., along said South right-of-way line, a distance of 102.00 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the setback shall be zero on the North property line. b. That no fence or structure taller than two feet shall be located within the 25 foot vision triangle on the corner of 82nd Street and Elkhart. 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 GO 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 tract out of Section 26, 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/1 00 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. ZONE CASE NO. 2402-E --PAGE 2-- ,,--------~---------------------------------- 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: ~~X~ euy:: :TobnsOCJtYsecretary APPROVED AS TO FORM: ~~·eYe~~ Linda L. Chamales, Assistant City Attorney LLC:js1ZC2402-E.ORD ccdocs/March 3, 199S ZONE CASE NO. 2402-E ··PAGEJ- THE STATE OF TEXAS COUNTY OF A.41J~\,~F>. LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation '' NO ARY PUBLIC in and for the State of Texas My Commission Expires .................. ___ _ Subscribed and sworn to before me thl.l)is_...;;:L~· ~Qe...-_day of__,=-.;==-.~...Joo....ol~----19 9 6"' FORI\158·10 · fltOTICI!! OF .... PUBLIC HE.ARING NOTICE Is herebv given thai the Cllv Council will hold 11 ~ubllc: Heorlna on Thursday, March 23, :.co"...cco"'.A:r""~~ ••• PATTI TATE ~ Notary Pu1JI1c. State of lexas § My Commes~·on Exptres 6-31.1·96 S ~~~~~~MO~J L ______ _ ~Wt~~::;:~i':'i·~;st't'i/i:~r~:!1; 1-------------~--.---------------- LUbbo<:k, Texas, to c:anslder the recommendallons bv the Planning and ZOnlllo COmmlulon thai I!DII-: Ina be changed on certain proper. tlet In LUbbOdo:, Texas. Cltv of J.Ub. bock City Council meetinos are . ovallclble to all "er1011e reoardleu I of clbobllltv. If YOU require IPIICial assistance, 111eo1e contoct the Ph:lmlno Planning Oe!>artmant ct 767·2102 (Monday.Frlda'f, t:I)0.5:GO' 11.m.) or'l625 Uth $tree! Room 1117 ot least 4 h0u111ln advance ct the meetlrrg. All lntll'ested persona 1 may IPtak, then the City Coundl loc:t on such rec:ammendallcns . . The following zone cases will be 11101'11: ' ZONE CASE NO. 2402·E: lteouest of Hu110 Reed 1111d A4soclctes (for Lubbock Land, Company) for a IIIII·)' lng Change from GO to R-l 6PIICUlc 1 Use (for •arden hamel) on a tract , out at section 26. BkX:k E·Z lsaufh. ; . east corner oll2nd Street and Elk· ·t;tortl. '· ZONE CASE NO. 2751: Reauest of Huoo Reed and Auoclat" (for H.O.I..C.) for a aonlng chonoe from R·l to R-1 Specific Use !for (northwest earner of 59th Street , ond York) • . Public hearing to consider o'Mencl: I ment ol the Zonlno Code In the building materials and construc-tion eectlon ct the I nterstole Indus-trial District OHil regordlng a Prohibition of factory manufac-tured metal panels with through tn~ wall fasteners. . ' ·Public hearlnt 1o consider 10mend· ment of t~• Zonlna Code lor the definition of "rear yord" In the R·l . SPecific use. R·l and R·2 soc:tlont · ... lct<ICitosetbOc:k for tonlllft 11111i\ the alley or easement line. ltllbllc hearing to contlder darlfl· cellon et exhittng llellnltton for IHirklng of restouranta In the C~ District. R·2.oll'1 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation NO ARY PUBLIC In and for e State of Texas My Commission Expires .................. ___ _ Subscribed and sworn to before me thi;:,..S --3....._,__,day of /lA...t:Ul_ 19 CJs: ~ICC(~~..o""~ ...... .AOI"4 FORI\158-10 t ORDINAHCI NO. f1U .. . AN ORDINANCE AMEND-tNG CHAPTI!fl29 OP THE CODE 'OF ORDINANCES. CITY OP LU8- 110cK, TEXAS ENTITLED "ZON· EG", BY AMENDING SECTION -23.3 (Ol(2)CI ENTITL-ED "IHI1 EVELDPMENT STANDARDS" fi!EGARDING METAL WALL ~ANELS; PROVIDING A SAV, NGS CLAUSE; PROVIDING A .. ENALTY AND PROVIDING: , OR PUBLICATION. · .. , .: t ORDINANCE NO. 97'12 • I ~. AN ORDINANCE AMEND-' JNG CHAPTER 29 OF THE CODE 'OF ORDINANCES. CITY OF LU&-'lOCK, TI!X.t.S ENTITLED "ZON; •lNG", BY AMENDING THE i:iEFINITIQN .OF "REAR YARD" ' fiN REGARD TO GARAGE SET· •.BACKS IN SECTION 29-7(1)(21 iPENTITLED "R-1 SINGLE·FAMI· li;t.. Y DISTRICT", SECTION l29-t(fl(2), ENTITI,.ED "R·2 TWO. r'FANIIL Y Dt.StRICT", AND SEC· l~TION 29·2AI2HEJ ENrtTLED !"SPECIFIC USE DISTRICT (TOWNHOUS!IGARDeN HOMEl •R-1 DISTRICT"; PROVIDING A. •SAVINGS CLAUSE; PROVIDING ,,A PENALTY AND PROVIDING ~,FOR PUBLICATION. '" ORDINANCE NO. 9793 ' AN ORDINANCE AMEND· lNG CHAPTER 29 OF THE CODE OF ORDINANC!!S. CITY OF LU&-y BOCK, TEXAS ENTITLED "ZON· ·: lNG"• I!:Y AMENDING Sll!CTION !· 29·20{m) (1)11 ENTITLED "OFF· STREET PARKING·REQUIRED" TO CLARIFY RESTAURANT PARKING lM THE "C·A--.015· TRIC'I'; PI!.OVIOllo!G A SAVINGS, CI.AUSII.I PROVtOING A PENAL· ' rt AND PROVIDING FOR PU&-\.ICATION. "• PATTI TATE ~ •""""'~" Notary PuLhc. State of Texas ~ My Commts.•·on Exptres 6-30-96 j