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Home My WebLink AboutOrdinance - 2005-O0045 - Amending Zoning Ordinance To Make Changes: Zone Cae No. 2508-E - 04/28/2005First Reading April 28, ZOOS Iteml9 ORDINANCE NO. 2005-00045 Second Reading May 12,2005 Item No. 13 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2508-E; A ZONING CHANGE FROM T AND R-1 SPECIFIC USE TO T, R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 18 ACRES OF UNPLATTED LAND OUT OF SECTION 20, BLOCK E-2, 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 reconunendation 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 full y 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 duiy published in the Lubbock Avalanche-Journal more than flfteen (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. 2508-E SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from T and R-1 Specific Use to T, R-1 Specific Use for reduced front and side setbacks under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 18 acres of unplatted land out of Section 20, Block E-2, City of Lubbock, Lubbock County, Texas, located east of Elgin Avenue and north of 113th Street, subject to the following conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A'' SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT Lots 49-79, front drive access with a minimum twenty-foot setback for the garage, fifteen feet of setback for a non-garage portion of the structure and a five-foot setback for corner lots. 2. THAT Lots 80-96, front or rear entry garage access with a minimum twenty-foot setback for a garage (on both the front and rear), fifteen feet of setback for a non-garage portion of the structure and a five-foot side setback for both the structure and fence on comer lots. Rear access corner lots shall also have a setback of five feet for the back and side yard fence. Rear access alleys shall be paved. 3. THAT Lots 97-118, rear garage access only, the front minimum setback shall be fifteen feet and the minimum side setback on corner lots shall be five feet except that any side entry garage shall have a minimum of twenty feet for setback. Rear access corner lots shall also have a setback of five feet for the back and side yard fence. 4. THAT the east parcel is rezoned to Transitional "T" zoning. 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 and R~l Specific Use zone districts; 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 18 acres of unplatted land out of Section 20, Block E-2, 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. Zone Case No. 2508-E page-2 of3 I 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. AND IT IS SO ORDERED. Passed by the City Council on first reading this 28th day of April '2005. Passed by the City Council on second reading this 12th day of ----'Ma=v~--· 2005. ~AL,MAYOR ATTEST: £~<. Th '<>'= Rei); caaarza: City Secretary nior Planner APPROVED AS TO FORM: ......__._,~~~~~L~. Linda L. Chamales Senior Attorney Office Practice aslcityatt/Linda/ZoneCases/ZC2508-E April 7, 2005 Zone Case No. 2508-E page -3 of3 C¥HI~.l T a,;11 220 430 . •·---.:.•·--.:.•·--.:.•·-·-.1.•·--.~~..~~-!.1~--.!1'"''-.!1·~ .:.r--.:..-·-••--fl , 78050 I I 78057 110 84600 84611 84632 470 il .. ~ df~gg Clrtrir~r~oc~rirjr ijr'o ir ~ 49i I eoo!l ·il82il 810!1 310 I 9.47 ACRES 84620 ~ 320 :no 84621 84622 2508-D R-1 Specific Use for reduced front ~etback and redeuced side setback adjacent ~o a street R-1 Specific Use for reduced front etback subject to the following conditions: 84589 a> 15-foot front setback lt'r Rolli Ill' wc::c::: Jlllt ,.,, o c:: '" i 1 1 , , \1 • o o 1 1 , , 1 'I e y s C) No curb breaks for driveways or parking pods on the front d) 5-foot side setback for corner lots except for garages (20-foot setback)