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HomeMy WebLinkAboutOrdinance - 8161-1981 - Amend. Zone Ord. #7084 And Lubbock Map Changes For Zone Case #2178. - 03/12/1981II Sffll:pc ORDINANCE NO. 8161 ------===----- 'f AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF I THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2178- A; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, HIGH COUNTRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, .TEXAS FROM R-1 TO R-1 SPECIFIC USE ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, HIGH COUNTRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE ZONING DISTRICT; SUBJECT TO CONDITIONS; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; 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, morals, 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, as well as giving notices in compliance with Section 26 of Ordinance No. 7084, as well as notices provided by Article 1011£, Vernon's Annotated Civil Statutes, amended in 1961, and notice was duly published in the Lubbock Morning 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 Room on the second floor of the City Hall, 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 herein- after 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. 2178-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map Be and the same are hereby amended as follows, to-wit: Change a tract of land out of Section 28, Block E-2, High Country Addition City of Lubbock, Lubbock County, Texas from R-1 to R-1 specific use zoning district •. This property is further described by metes and bounds as follows: The preliminary plat of Lots 16-A through 21-A, a replat of Lots 16 through 21, High Country, an Addition to the City of Lubbock, Lubbock County, Texas, dated January 13, 1981, being further described as follows: BEGINNING at the original Northeast corner of Lot 16, High Country, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE South an approximate distance of 414.00 feet; THENCE s. 45° W. an approximate distance of 14.14 feet; • THENCE West an approximate distance of 102.00 feet; THENCE North an approximate distance of 409.00 feet to a point of curva- ture; THENCE 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 an approximate chord distance of 21.21 feet; THENCE East an approximate distance of 97.00 feet to the Point of Be- ginning. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the one story units may go within ten feet of the rear property line. SECTION 2. THAT Ordinance No. 7084 and the Official Zoning Map Be and the same are hereby amended as follows, to-wit: Change a tract of land out of Section 28, Block E-2, High Country Addition, City of Lubbock, Lubbock County, Texas from R-1 to R-1 specific use zoning district. This property is further described by metes and bounds as follows: The preliminary plat of Lots lO~A through 15-A, a replat of Lots 10 through 15, High Country, an Addition to the City of Lubbock, Lubbock County, Texas, dated January 13~ 1981, being further described as follows: BEGINNING at the original Northwest corner of Lot 15, High Country, an Addition to the City of Lubbock~ Lubbock County, Texas; THENCE East an approximate distance of 95.00 feet; THENCE around a curve to the ri~ht, said curve having a radius of 15.00 feet, a central angle of 90°, t~ngent lengths of 15.00 feet, and an approximate chord distance of 21.21 feet; THENCE South an approximate distance of 409.00 feet; THENCE West an approximate distance of 100.00 feet; THENCE N. 45° W. an approximate, distance of 14.14 feet; THENCE North an approximate distance of 414.00 feet to the Point of Beginning. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the one story units ~Y go within ten feet of the rear property line. ' .. t'l"'.~ .. SECTION 3. THAT the Director of Planning of the City of Lubbock is authorized to issue Specific Use Permits to the Applicant in said Zone Case in accordance with the recommendations and conditions imposed by the Planning and Zoning Commission, on file with the office of the Director of Planning and the City Council which are hereby adopted and incorporated herein by reference for all purposes, provided said applicant agrees to be bound by the terms of the Specific Use Permits, the granting of which are hereby made subject to com- pliance to all provisions of Zoning Ordinance No. 7084, an Ordinance of the City of Lubbock, including particularly, but not limited to Section 22 of Zoning Ordinance No. 7084, 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 R-1 zoning district; and the Director of Planning in such event is directed to remove from the Zoning Map the legend indicating such limited use. The Specific Use authorized by this Ordinance is permitted under provision of Section 22.3-1-7 of Zoning Ordinance No. 7084 on the property respectively described in the preceding section. SECTION 4. THAT violation of any provisions of ,this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-5 of the City Code. SECTION 5. 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 6. 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 Passed by the City Council on second reading t ATTEST: APPROVED AS TO CONTENT: ort cutt, Administrator and Environmental Control APPROVED AS TO FORM: Susan M. Horton, Assistant City Attorney -----____ , 1981. March ' 1981. •1i:l{e newspaper of today · with Ideas and Ideals for the 80's and beyond" Your weekly community newspaper with YOU, the people, In mind 1fiuhhn.ck ~ i£:e¼li (806) 762-3612 506 East 23rd St. Lubbock, Texas 79404 Subject: TO: FROM: DATE: P.O. Box 2553 Lubbock, Texas 79408 Publisher's Confirmati~n of Ordinances Mrsq Evelyn Gaffga, City Secretary T'fJJ. Patterson, Co-Publisher April 8, 1981 This is to confirm that the following Ordinances were published in the Lubbock Digest Thursday, March 26, 1981, Vo1. IV, Number 38: Ordinan6 Ordinance 8162, Ordinance 8156 and Ordinance 8157, Sworn .before me u~~aQ.'= Charles Terrell this day of Notary Public for Lubbock County, Texas. My Commission expiers on r: ~, ·.···~ ... -·•·:..'~·1"' ... -.: ,·~~-~,,-~~ -. '. _-.. . ,' .. :~· Legal Notices:_. I j • • . . • .' .· ·· : ·, ORDINANCE NO. 8161. . · ·. . .. Art onlinance'· .amend: b~ck, Lsibbock Count.v~· •. Ing Zoning Ordiance No.. T~xa~ from R·l to R•t·" '1084 and the o/licial map spe.cific; use zoning· of the City of Lubbock so district. · . .. . .. OS to make the following . S~ECT ·. TO, .. nm changes: Zone Case No. F,OLLOWING · CONlJl .. 21'18-A; change o tract of DONS: .. . . . • land out of Section 28, , 1. ,That the one sttmt f.,block E-2. High Countrv . units. may go within ten Addition, City of .. Lub-... feet. of the rear pro~ ~ back,. Lubbock, County, line. . . , . · . . • .. ·· . . tTexasfrom R-1. ·to R~l .. SECTION 4. 'l''HAT r·tpec!fic use Zoning IJ!olationof!'ny. _ptool, It ,01$Jrict; change o tro.ct ':s1ons ~f this Ord1nqnce t oflpndoutofSection28,: s~all be·; dee"!e8 a 1: Block E-2, High Counfrl' . .,usdemanor punishable t Addition, City of ·• Lub-by . a. fine n.ot to ext;eed { ,bock, Lubbodc County', .. Jwo hundred. dolla,.. as ' . fexos from R-1 io ff .. f prouidedinSection1-So/ specific use Zoning· ·the City Code. . . . . .• Di•trict; subject to SECTION~; THA.Tthe conditions; outho,µing . City Secretarv is hereby ... the issuoncf.! of a specific · uu thorized. to cou~e · use permit thereon; pubUcation · of the .JIJ'Plddinslor.$1.MOOJ.t,11.a.s · de.Jcrintive caption · qf .. provided for in Section 1-this : Orilinonce-·as'-mi'" · ~ . of the City Code; .alternative metf:tor:f. · l,l:r.qvidin9 .a. sbvings °provided by lawi· · · · ·· · f!/,:Jsue and providing/or/ . . AND TT IS SO , · (>Ublication. , · · · · · .· ORDERED. , 1 l .. BE rr ORDAINED BY .· Passed by the Cltv 1'RE' · Cl1Y COUNCH. · Council on first· reading 0~ . THE · CfTY OF . this 26th day of F~b.m· LUBBOCK:: ,. · · arv. 1981.<Passed bif.the- ZONE CASEN0.·211s~A . City. CoUPcil ·on se<Xlhd · Change a tract of land .reading this 12th dqp: t,f. out of Section 28, Block March, 1981 • . E~~. High Couritry 1 Addition, City of 'Lub-/1/ Bill McAlister bock, Lubbock Cou~ty, • .· . Mayor Texas from R•l th, •.l . ATTEST: .. • . , . specific use' z6rtlng l•I Evelyn Gaffg(i., district •. · · · City Secretary .. . SUBJECT TO · FOL-. Treasurer . • LOWING · CONDI!'. APPROVED AS t,Q:. DONS: . .CONTENT: ·: ! J. 'fhdt the one st.o'l,'· /s/ Jerrel.Northcri.tt · units may go .within ·ten··. Adininistrator · feet of the rear property Zoning & EnvlronmentJJt . , . fine. , · . · · . . . . Control ·; /' ChangeatrQcto/lancf . APPROVED AS TO out of Sectlon'2B,.Bl«:k · EORM: · · · . E-2, · H(gh Countrv .· l•I Susan M. Harton i Addition, CitJ, of Lub-Assitont City Attomev I . ,.~-" . . . . '"•· • '•; . l' •' .; t.'ll.' 1 : ~ I . : ~ 'j 't. 1, :,_; I' I ,;i: 'i• ' •:'. ,•ii ., j: id!: . :, I i Mr. T. J.1•Patterson Lubbock _Digest 5iO Bast 23rd Street _i i LubbockrTx, 79404 ..• , !_;•!;','• '. : : I : ,· : Dear Mrj Patterson: ) ' .: ;: .. April 23, · 1901 E~closed herewith to you is a copy of a publisher's affidavit from the AJ. Please use this as a sample to prepare and send to-;~!.!!?, publisher's affidavits for each ordinance. They need to be done in this format ~hat if the matter was to be involved in litigation, the affidavit would serve its purpose in court. : P1~ase call if you have any questions. Sincerely, EVELYN GAFFGA City Secretary-Treasurer Enclosure ..