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Home My WebLink AboutOrdinance - 9474-1991 - Amending Zoning Ordinance 7084 Zone Case 2402-C - 08/22/1991u LLC:js First Reading August 22, 1991 Item Ill Second Reading September 12, 1991 Item #9 ORDINANCE NO. 9474 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2402-C; A ZON- ING CHANGE FROM GO TO R-1 AND FROM GO AND R-1 TO R-1 SPECIFIC USE PERMIT FOR TOWNHOUSE/GARDEN HOMES ON TRACTS OUT OF SECTION 26, 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 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 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 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. 2402-C SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are hereby amended as follows: A change of zoning from GO to R-1 and from GO and R-1 to R-1 Spe- cific Use Permit, under provisions of Section 29-24(c)(~) of the Code of Ordinances of the City of Lubbock for Townhouse/Garden Homes, on tracts of land out of Section 26, Block E-2, City of Lubbock, Lubbock County, Texas, located at South 82nd Street and East of Elkhart Avenue, subject to conditions and being further described as follows: TRACT 1 METES AND BOUNDS DESCRIPTION of a 9.70 acre tract of land located in Section 26, Block E-2, Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears S. 00°02' W. an approximate dis- tance of 490 feet from the Northwest corner of Section 26, Block E-2, Lubbock, Lubbock County, Texas; THENCE S. 89°53'15" E. an approximate distance of 1245 feet; THENCE S. 00°02' W. an approximate distance of 15 feet; THENCE S. 89°53'15" E. an approximate distance of 148 feet; THENCE S. 00°02' W. an approximate distance of 290 feet; THENCE N. 89°53'15 8 w. an approximate distance of 1393 feet; THENCE N. 00°02' E. an approximate distance of 305 feet to the POINT OF BEGINNING. TRACT 2 METES AND BOUNDS DESCRIPTION of a 4.02 acre tract of land located in Section 26, Block E-2, Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears S. 89°53'15" E. an approximate distance of 1390 feet from the Northwest corner of Section 26, Block E-2, Lubbock, Lubbock County, Texas; THENCE S. 89°53'15" E. an approximate distance of 270 feet; THENCE S. 00°02' W. an approximate distance of 505 feet; THENCE N. 89°53'15" W. an approximate distance of 415 feet; THENCE N. 00°02' E. an approximate distance of 268 feet; THENCE S. 89°53'15" E. an approximate distance of 145 feet; THENCE N. 00°02' E. an approximate distance of 237 feet to the POINT OF BEGINNING. - 2 - SUBJECT TO THE FOLLOWING CONDITIONS: a. That Tract 1 shall be zoned R-1; and b. That Tract 2 shall be zoned R-1 Specific Use; and c. That Tract 2 shall meet the "garden home" development stan- dards as specified in Section 29-24(c)(2) except that the structures located on 82nd Street and on Elkhart may have a zero side setback adjacent to the street; and d. That Tract 2 shall maintain the required 25 foot vision triangles at Elkhart Avenue and 82nd Place; 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 · 1 Zoning Ordinance No. 7084, as amended, including particularly, but not limited I to, Section 29-24 of the Codified Zoning Ordinance, which provides that a Spe- cific Use Permit and a Building Permit shall be applied for and secured within 1! thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classifica- 1 tion, which in this case are the GO and R-1 zone districts; and if such reversion occurs, the Codes Administrator is directed to remove from the Zon- 1 ing 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 Codi- 1 fied Zoning Ordinance No. 7084 on the property described as tracts out of Section 26, Block E-2, City of Lubbock, lubbock County, Texas. I 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. 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. - 3 - SECTION 5. THAT the City Secretary is hereby authorized to cause publi- cation 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 22nd day of August 1991. Passed by City Council on second reading this 12th day of September 1991 • ...._____.......,'-/._ c:::Y c£~~ Linda [. Chamales, Assistant City Attorney - 4 - J THE STATE OF TEXAS COUNTY OF LUBBOCK R-928 Before me Tou}'a Reurr a Notary Public in and for Lubbock County, Texas on this day personally appeared T •• I, auf1 l 1 , Acconut Maua ger 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'tig,.c:~a""'l.-u~.~~o~o~~-.j ..... c...,eo::o---------------------- --------------'"o. 823102 at Lubbock County, Texas and the attached print- ed copy of the legal not ice is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:_..,..s~e"'~p~tl.-4ei#lm~bu.e~r'--'1 .... 4..,,r-.~1~9:J.~9::o.l~o------------- 73 wa .53 • 38.69 Ad'count Manager LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me this FORI\l58-l0 R-868 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me T 0 n Y a Hen r Y . a Notary Public in and for Lubbock County, Texas on this day personally appeared T. J • A u f i I I ' A c c o u n t man a 1:! 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...Jie....,f,!.._.aoi..JI,___,n'-"o"'-"-t ..... i..,.c_..e ____________________ _ ---------,--,.---~--.....L"O. 822946 at Lubbock County, Texas and the attached print- ed copy of the I e ~a I no t i c e is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the followigg dates: _ _,A"'""u .... e ......... u ..... s_..t__..S:....~,'--"1 .... 9._9.....,1..._ _____________ _ 122 wa .53 = 64.66 Account Mancu!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me this a FORM58-10