HomeMy WebLinkAboutOrdinance - 2005-O0039 - Amending Zoning Ordinance To Make Change: Zone Case No. 3032 - 03/24/2005First Reading
March 24, 2005
Item 36
ORDINANCE NO. 2005~0039
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April14, 2005
Item 14
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3032; A ZONING CHANGE FROM T TO R-1
SPECIF1C USE FOR TOWN HOMES AND GARDEN HOMES WITH REDUCED
SETBACKS ON 51.3 ACRES OF UNPLATTED LAND OUT OF SECTION 7,
BWCK JS, 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 first reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 3032
SECTION 1. THAT Ordinance No . 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from T to R-1 Specific Use for town homes and garden
homes with reduced setbacks under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock on 51.3 acres of unplatted land out of
Section 7, Block JS, City of Lubbock, Lubbock County , Texas, located north
of Erskine Street and east of North Milwaukee A venue, subject to conditions
and being further described as follows:
METES AND BOUNDS DESCRlPTION: Attached as Exhibit "A"
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the three types of housing plans (bay home, zero lot line home, and
town home) may be dispersed throughout the community at the discretion of
the developer.
2. THAT coverage on individual lots located within corrunon areas may be
100%.
3. THAT setback and coverage of non-common area lots shall meet the
development standards for garden homes (zero lot line) or town homes (row
housing) in Section 29-24(c)(2).
4. THAT each lot shall have two off-street paved parking spaces, exclusive of
the garage.
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 T 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 51.3 acres
of unplatted land out of Section 7, Block JS, 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. 3032
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 24th day ofKa=r:..!:c=h'--___ , 2005.
ATTEST:
~~~ Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
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Linda L. Chamales
Senior Attorney Office Practice
as/cityan/Linda/ZoneCases/ZC3032
March 3, 2005
Zone Case No. 3032
page-3 of3
Ordinance No. 2005-G0039 Zone Case No. 3032
Exbibit "A"
WILSHIRE PARK ANNEXATION METES AND BOUNDS
Exhibit A to Annexation Petition
Description of Annexed Area, North of Erskine Street and East of North
Milwaukee Avenue
MET~S and BOUNDS description on a 51.3-Acre Tract out of Section 7, Block
Js·, Lubbock County, Texas further described as follows:
Beginning at a point in the Westerly line of Sectio"n 7, Block JS, whence the
Southwest corner of Section 7, Block JS bears South approximately 660 feet.
Thence North 0°02'27" West 1952.83 feet;
Thence South 89°53'42" East 1144.67 feet;
Thence South 0°03'40" East 1949.51 feet;
Thence South 89°56'20" West 1145.36 feet to the place of beginning and
containing 51.3 Acres including any Right-of-Way.