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Home My WebLink AboutOrdinance - 9419-1991 - Zone Case 2190-B Zoning Change A-2 To R-1 Specific Use Townhouse/ Garden Homes - 02/28/1991LLC:js First Reading February 28, 1991 Item /16 , Second Reading March 14, 1991 Item #5 ORDINANCE NO. Q41Q AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2190-B; A ZONING CHANGE FROM A-2 TO R-1 SPECIFIC USE PERMIT FOR TOWNHOUSE/GARDEN HOMES ON AN 8.6 ACRE TRACT OUT OF SECTION 29, BLOCK A-K, 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 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 pro- posed 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 giv- ing 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 sup- • port 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 here- . inafter 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. 2190-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from A-2 to R-1 Specific Use Permit, under provisions of Section 29-24(c)(2) of the Code of Ordinances of the City of Lubbock for townhouse/garden homes, on an 8.6 acre tract out of Section 29, Block A-K, City of Lubbock, Lubbock County, Texas, located at South of 69th Street and East of Grover Avenue and being further described as follows: METES AND BOUNDS DESCRIPTION of an 8.6003 acre tract of land located in Section 29, Block A-K, Lubbock, Lubbock County, Texas, being further de- scribed as follows: BEGINNING at a point which bears S. 00°01'43" W. a distance of 993.09 feet and N. 89°59' W. a distance of 407.00 feet from the Northeast corner of Section 29, Block A-K, Lubbock, Lubbock County, Texas; THENCE S. 00°01'43" W. a distance of 167.89 feet; THENCE S. 44°58'17" E. a distance of 142.84 feet; THENCE S. 00°01'43" W. a distance of 372.00 feet; THENCE N. 89°59' W. a distance of 295.00 feet; THENCE N. 00°01'43 11 E. a distance of 249.83 feet; THENCE N. 89°59' W. a distance of 531.00 feet; THENCE N. 00°01'43 11 E. a distance of 376.08 feet to a point of curva- ture; THNECE Northeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 89°59'17", tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a point of tangency; THENCE S. 89°59' E. a distance of 710.00 feet to the POINT OF BEGIN- NING. , SECTION 2. THAT the Codes Administrator of the City of Lubbock is au- ithorized to issue a Specific Use Permit to the Applicant in said Zone Case in jaccordance with the conditions imposed by the City Council, provided said :lappl icant agrees to be bound by the terms of the Specific Use Permit, the i:lgranting of which is hereby made subject to compliance to all provisions of !Zoning Ordinance No. 7084, as amended, including particularly, but not limited li to, Section 29-24 of the Codified Zoning Ordinance, which provides that a !!Specific Use Permit and a Building Permit shall be applied for and secured !lwithin thirty {30) months of the effective date of the zone change or all !!undeveloped property shall automatically revert back to the previous zoning l1 classification, which in this case is the A-2 zone district; and if such re- !'version occurs, the Codes Administrator 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 an 8.6 acre tract of land out of Section 29, Block A-K, 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 One Thousand and No/100 Dollars {$1,000.00) as provided in Section 29-31 of the Zoning Ordi- nance of the City of Lubbock. - 2 - 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 pub- lication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 28th 1991. Passed by City Council on second reading this 14th 1991. ann1ng APPROVED AS TO FORM: ~ __ , # J c::..:.:..:.J:::t-~ ~ .L c..::~-~-.-.£-...-c.. .... · ~c::e:' ..... ....., ..... · Linda L. Chamales, Assistant City Attorney - 3 - day of February day of March ------ R-717 THESTATEOFTEXAS ,Jja COUNTY OF LUBBOCK tf Y I Before me TonY a Hen r Y a Notary Public in and for Lubbock County, Texas on this day personally appeared I I J I A u f i I I ' A c co u n t M a n a f! e r 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 said newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this _--~.1-~:e:...r:P:....~:a:L-IL-.Inu..u.n...Lt-'i...Lc_.e=-------"--------------- -----------:-----' o. 798 214 at Lubbock County, Texas and the attached print- ed copy of the I e P a I no t i c e is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:--"E'-'e.:..~b"--• --'-1_.3u•....._1j,.;9;L9;;r.,_.1 ______________ _ 210 wa .50 = 105.00 Account HanaPer LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FOR!\158-10 THE STATE OF TEXAS COUNTY OF LUBBOCK ::-, R-756 Before me Ion Y a Hen r Y a Notary Public in and for Lubbock County, Texas on this day personally appeared...__ I_ .. J • A u f i I I ' A c co u n t Man a E!: e r 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 said newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this I e E!: a I no 1 i c e ·· · o. 822749 at Lubbock County, Texas and the attached print- ed copy of the I e e. a I n o t i c e is a true copy of the original and was printed in the Lubbock Avalall£ij1:Jo~~na!_ ~~fQie :f:oll~~i£~ s~es :__,_..M..._a .L.r..._c h......___.1.....,6.._,~2=-z3<...:,____..1"'""'9...<;9_,1'------------- Account Mlmae;er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FORM58-10