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HomeMy WebLinkAboutOrdinance - 2011-O0120 - Amending Zonin Gord 7084 Zone Case 2995-M Southwest Corner Of 73Rd Street - 12/01/2011First Rea.ding December 1, 2011 Item No. 6.6 ORDINANCE NO. 2011-00120 ------- Second Reading December 14, 2011 Item No. 5.16 AN ORDINANCE !\MENDING ZONLNG ORDINANCE NO. 708~ !\ND Tl II·: OFFICIAL MAP OF THE CITY OF LUBBOCK MAKfNG THE FOLLOWING CI IANGES: ZONE CASE NO. 2995-M; A ZONING CHANGE FROM R-1 TO R-2 SPECIFIC USE FOR REDUCED FRONT AND SIDE SETBACKS. ON CORNER LOTS ON 1.4 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 29, LUBBOCK. TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY: PROVIDING A SAVfNGS 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 \Vas n!ceived 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 tbose proposed changes in zoning: and WI IERE!\S. all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully complied \Vith, including giving notices in compliance with Section 40.01.005 of the Code or Ordinances, City of Lubbock. Texas, and the notices provicli.:d by the Texas Local Government Codi.! ~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 proposcu 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 delermim:d 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 hercinalier set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof: NOW Tl!EREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2995-M SECTION I. Tl IAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: !\ change of zoning under provisions of Sel:tion 40.01 .005 or the Code of OrJinances of the City or Lubbock from R-1 to R-2 Specific lJsc for reduced front nnd side setbacks on corner lots on 1 A acres of unplatted land out of Block AK, Section 29, City of Lubbock, Lubbock County, Texas. located at southwest corner of 73n1 Street and Iola Avenue, subject to conditions, and being further described as follows: METES AND BOUN DS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: I. THAT tbc front setback may be a minimum of hvcnty feet (20'). 2. THAT the minimum side setback on the street side may be five feet (5') on corner lots. SECTION 2. Tl 1/\T the.: granting of this specifi.: 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 -W.03.3102 of the Codified Zoning Ordinance. which provides that a Building Permit shall be applied for and secured within thirty (30) months of the cftei.:tive 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-1 zone district: and if such reversion occurs, the Director or Planning is directed to remove from the Zoning Map the legend indicating such spccilk use. The Specific Use authorized by this Ordinance is permitted under provision of Section 40.03.3101- 40.03.3103 of Codi tied Zoning Ordinance No. 7084 on the property dest:ribed as southwesl corner of 73nl Street and Iola Avenue. City or Lubbock. Luhbuck County. Texas. SECTION 3. TI 1/\T violation of any provision of this Ordinance shall be deemed a misdemeanor punishabk by line not to exceed Two Thousand and No/\ 00 Dollars ($2.000.00) as provided in Sec.ti on 40.01.006 of the Zoning Ordinance of the City of Lubbock. SECTION 4. Tl IAT should any paragraph, sentence. clausl!. phrase or word of th is Ordinance be declared unc onstitutional or invalid for any reason. the remainder of this Ordinance shall not be aJTcctcd thereby. SECTION 5. TI IAT the City Secretary is hereby authorized to cause publication or the descriptive caption of this Ordinance ns an alternative method provided by Jaw. AND IT IS SO ORDERED. Passed by the City Council on lirst reading on -----"--De-"--c"'"e""m=b'""'e'-"r'---=lCL,----=2-"--0-=-l=-1--- Passcd by the City Council on second reading on ____ D_e_c_e_m_b_e_r_1_4 ..... ,_2_0_1_1 __ _ ~/P~ TOM MARTIN, MAYOR Zone Case No. ZC2995-M page -2 of 3 , ATTEST: APPROVED AS TO CONTENT: Randy Henson, APPROVED AS TO FOR.Jvt: ~:!:::~~ Assistant City Attorney vw/CilyAlt/Chad/Zoncs/ZC2995-M Nov~mbcr 7. 20 11 Zone Case No. ZC2995-M page -3 of3 (; Ordinance No. 2011-001 20 ~IMIā€¢) AMD ENGINEERING, LLC Rezone to R-2 METES AND BOUNDS DESCRIPTION of a 1.4 acre tract of land located in a portion of the SW ¼ of Section 29. Block AK. Lubbock County, Texas, prepared for Zone Change Purposes ()nly and being further described as follows: BEGINNING at a point in the ½ section line of Section 29, Block AK. which bears North approximately 2646 feet from the Southeast comer of the west half of Section 29. 131ock AK, Lubbock County, Texas; THENCE West an approximate distance of 407 feet; THENCE North an approximate distance of 148 feet; THENCE East an approximate distance of 407 feet to a point in the ½ section line of Section 29, Block AK; THENCE South, along the ½ section line of Section 29, Block AK, .in approximate distance of 148 feet to the Point of Beginning and containing approximately I .4 acres, including any Right of Way. PREPARED FOR ZONE CHANGE R EQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan Scptcmb~r 28. 2011 P ',2011\11020-BACON C~EST (PH6JISU~VEY,NG'.FIELONOTE OESCRlPTIONS\11020-M&B zrnie CHmGE c1cc,