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Home My WebLink AboutOrdinance - 9448-1991 - Zone Case 2437-C Zoning Change R-1 And R-2 To R-1 Specific Use Single Family Dwe - 05/23/1991II LLC:js First Reading May 23, 1991 Item #18 Second Reading June 13, 1991 Item #8 ORDINANCE NO. 9448 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-C; A ZON- ING CHANGE FROM R-1 AND R-2 TO R-1 SPECIFIC USE PERMIT TO ALLOW SINGLE-FAMILY DWELLINGS WITH A 20 FOOT FRONT SETBACK ON A TRACT OUT OF SECTION 29, BLOCK A- K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A I SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinaft~r made have been 1 duly presented to the Planning and Zoning Commission for its recommendation !_.I 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 . . 1 1 interest of the public health, safety and general welfare to make those pro- . posed changes in zoning; and ,j 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 1; 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. 2437•C SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 and R-2 to R-1 Specific Use Permit, under provisions of Section 29-24(c)(24) of the Code of Ordinances of the City of Lubbock, allowing for single-family dwellings with a 20 foot front setback on a tract out of Section 29, Block A-K (a preliminary plat for Lots 273-394, Pheasant Run Addition), City of Lubbock, Lubbock County, Texas, located from 74th to 76th Street and from Homestead to lola Avenue, subject to conditions and being further described as follows: ···-·-----····--··· .. _______ _:__ ______________ ___:__ ( & II : METES AND BOUNDS DESCRIPTION for the preliminary plat limits of Lots 273 thru 394, Pheasant Run Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears N. 00°04'22 11 E. approximately 1455 feet from the Southwest corner of the Southeast Quarter of Section 29, Block A-K, Lubbock, Lubbock County, Texas; THENCE N. 00°04'22" E. an approximate distance of 1185 feet; THENCE S. 89°58' E. an approximate distance of 1292 feet; THENCE s. 00°01'43 11 W. an approximate distance of 885 feet; THENCE N. 89°58'17 11 W. an approximate distance of 170 feet; THENCE S. 83° W. an approximate distance of 130 feet; THENCE S. 67°31'43" W. an approximate distance of 710 feet; THENCE S. 82° W. an approximate distance of 75 feet; THENCE S. 89°55'3811 W. an approximate distance of 265 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the minimum front setback shall be twenty (20) feet; and b. That the minimum rear setback for any garage shall be twenty (20) feet; and c. That all other requirements of the R-1 District shall apply. SECTION 2. THAT the Codes Administrator of the City of Lubbock is authorized to issue a Specific Use Permit to the Applicant in said Zone Case in accordance with the conditions imposed by the City Council, provided said applicant agrees to be bound by the terms of the Specific Use Permit, the granting of which 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 Specific Use Permit and 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 are the R-1 and R-2 zone districts; and if such reversion occurs, the Codes Administrator is directed to remove from the - 2 - Zoning Map the legend indicating such specific use. The Specific Use autho- rized by this Ordinance is permitted under provision of Section 29-24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described as a tract 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. 1 SECTION 4. THAT should any paragraph, sentence, clause, phrase or word I of this Ordinance be declared unconstitutional or invalid for any reason, the 11 remainder of this Ordinance shall not be affected thereby. I . 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. on first reading this 23rd day of May ----"----- on second reading this 13th day of June ------ ~c_. <} • B. C. HeM({~ APPROVED AS TO CONTENT: ann1ng li Attorney l: I' II II I' I i -3 - THE STATE OF TEXAS COUNTY OF LUBBOCK R-796 Before me Tonra Henrr a Notary Public in and for Lubbock County, Texas on this day personally appeared T • J • Auf 111 • A ceo unt Mena~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 _ _.l .... e .... t..,a ........ l _.....n...,o'"'t ... t....,c"""e.._ ___________________ _ -------,,----~--:--:----...,oe22572 at Lubbock County, Texas and the attached print- ed copy of the l.e~al .. not tee is a true copy of the original and was printed in the Lubbock Aval~l~-J~~rn~~W tge f£R~w!¥Jbdates:_-~:Hu;llu"'--llieiLI,L....-..111o.lOuOL.I2~o.---------------- Account Henel!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi.,_s ...... 1...,0:....._ ___ , FORM58-10 l I I- I THE STATE OF TEXAS COUNTY OF LUBBOCK R-82.6 Before me Tonwa l:lenrr a Notary Public in and for Lubbock County, Texas on this day personally appeared Tnla Auflll 1 Acceunt ttanaeer oftheSouthwesternNewspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said new'spaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this 1 el!e ·.1 . no+~ee _____________ ....,."'o. ~2~~46 at Lubbock County, Texas andthe attached print- ed copy of the aeaal not lee is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates: ---:::tJr.tutt"nt11il~151-!'i-.-1 -S.§-Q9.V9-!S;,.---------------- 287 we .so = '43.50 LUBBOCK AVALANCHE-JOURNAL 1 Southwestern Newspaper Corporation I· Subscribed and sworn to before me this (. FORI\158-10 I