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HomeMy WebLinkAboutOrdinance - 2005-O0010 - Amending Zoning Ordinance Making The Change: Zone Case No. 3029 - 01/13/2005First Reading January 13, 2005 Item No. 44 ORDINANCE NO. 2005-oOOlO Second Reading January 27,2005 · Item No. 20 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3029; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON BLOCK 1, DONLON ADDITION, 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 found 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 29-24 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Govenunent 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 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 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 hereinafter 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. 3029 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 to R-1 Specific Use for reduced setbacks under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on Block 1, Donlon Addition, City of Lubbock, Lubbock County, Texas, located at 2938 East Cornell Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT there be a twenty foot front setback. 2. THAT there be a five-foot setback on comer lots. 3. THAT there be a five-foot front setback for homes on cul-de-sac, with the exception that any garage or the required parking shall meet a twenty-foot setback. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with 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 R·l 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) 24 of Codified Zoning Ordinance No. 7084 on the property described as Block 1, Donlon Addition, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fme not to exceed Two Thousand and No/100 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. 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. Zone Case No. 3029 page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on flrst reading this 13th day of January ATTEST: ~~h~ Reecca Garza, City Secretary APPROVED AS TO FORM: I ~~·C~~~ Linda L. Chamales Senior Attorney Office Practice as/ cityatt/Linda/ZoneCases/ZC3029 December 2, 2004 Zone Case No. 3029 page-3 of3 .2~. Zone Case No. 3029 Exhibit "A" Ordinance No. 2005-oooruo HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS CIVIL ENGINEERS 1601 Avenue N I Lubbock, Texas 79401 I 8061763-5642 I FAX 806n63·3891 METES AND BOUNDS DESCRIPTION of a 20.0 acre tract of land located in Section 2, Block A, Lubbock County, Texas, being further described as follows: BEGINNING at the Northeast corner of Section 2, Block A, Lubbock County, Texas, and the Northeast corner of this tract; THENCE South, along the East line of Section 2, a distance of 1320.00 feet; THENCE West a distance of 660.00 feet; THENCE North a distance of 1320.00 feet to a point in the North line of Section 2, Block A; THENCE East, along the North line of Section 2, Block A, a distance of 660.00 feet to the Point of Beginning. FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for: Tierra Unida Development November 11, 2004