HomeMy WebLinkAboutOrdinance - 2005-O0103 - Amending Zoning Ordinance To Change: Zone Case No. 2816-C; Town Houses - 08/25/2005Fint Reading
August 25, 2005
ltem49
ORDINANCE NO. 2005-00103
Second Reading
September 8, 2005
Item39
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2816-C; A ZONING CHANGE FROM R-2 TO R-1
SPECIFIC USE FOR TOWNHOUSES ON 0.803 ACRES OF UNPLATTED LAND
OUT OF SECTION 4, BLOCK E, 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 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 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 frrst reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2816-C
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-2 to R·l Specific Use for townhouses under
provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock
on 0.803 acres of unplatted land out of Section 4, Block E, City of Lubbock,
Lubbock County, Texas, located at 1802 82nd Street, subject to conditions and
being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit" A,'.
SUBJECT TO THE FOLLOWING CONDITION:
1. THAT zoning is tied to the site plan indicating one forty ( 40) foot curb
return on 8200 Street for the nine-unit complex.
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 Pennit 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-2 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)(2) of Codified Zoning Ordinance No. 7084 on the property described as
0.803 acres of unplatted land out of Section 4, Block E, City of Lubbock, Lubbock
County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by fine 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. 2816-C
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 25m day of August, 2005.
Passed by the City Council on second reading this 8th day
ATTEST:
~£.<« '~(F ReeOOlGarza, City Secretary
APPROVED AS TO FORM:
.H~-·~ ~C?/;___~----
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC2816-C
August 4, 2005
Zone Case No. 2816-C
page-3 of3
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Exhibit "A"
WARRANTY DEED
Date: January 31, 2000
Grantor. South Mesa Development, Inc., a Texas Corporation
Grantor's mailing address: 64021gcn Street
Lubbock, Lubbock County, Texas 79407
Grantee: Joe Stetthelmer Development, L.L.P.
Grantee's mailing address: P. 0. Box 65134
Lubbock, Lubbock County, Texas 79464-5134
Zone Case No. 2816-C
Consideration: TEN DOLLARS {$10.00} AND OTHER GOOD AND VALUABLE CONSIDERATION
Property: AELD NOTES on a 0.803 Acre Tract out of Section 4, Block E, Lubbock County, Texas,
further desCI'ibed as follows:
BEGINNING at a point in the North line of 82nd Street, from whence the Southeast comer of Section 4, Block
E, bears South, 81.43 feet and East, 693.73 feet;
THENCE S ag• 56' 17" W, at10 feet pass a set 1/2" rod with cap marl<ed RPLS 4460, in all305.12 feet to a
set 112" rod with cap marked RPLS 4460 for the Southwest comer of this tract;
THENCE North, 114.90 feet to a set 1/2" rod with cap marked RPLS 4460 for the Northwest comer of this
tract;
THENCE East. at 285.05 feet pass a set 112" rod with cap marl<ed RPLS 4460, in all 305.05 feet to a found
71/T rod for the Nor1heast corner of thiS tract;
THENCE S o• 02' 11" E, 114.57 feet to the PLACE of BEGINNING and containing 0.803 ACI'es including any
Right of Way.
ReservaUons from and Exceptions to Conveyance and Warranty:
· Grantee assumes payment of taxes for 2000.
Grantor, for the consideration above and·sub(ect to the reservations from and exceptions to conveyance and
warranty, grants. sells, and conveys to Grantee the property, tog.elher with all and singular the rights and
appurtenances thereto In anywtse belonging, to have and hold It to Grantee, Grantee's heirs executors,
administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors,
administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or
any part thereof, except as to the reservations from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
Signed at Lubbock, Texas.
JQe Stetthalmer, President Ron Betenbough, Agent
THE STATE OF TEXAS §
§
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on !hell. 111 day of January, 2001. by Joe Stettheimer,
President of South Mesa Development, ., TeJCas ~ lion, and in the capacity therein stated.
JN.!ESE.~.II.
loiV co.IIIISSIOH EXPIAES
c.on.r7, 3102
§
§
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the 3rd day of January, 2001, by Ron Betenbough,
Agent for South Mesa Development, Inc, a Texas Corporation, and in the capacity therein stated. ~~ ~. State of Texas