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HomeMy WebLinkAboutOrdinance - 2006-O0005 - Amending Zoning Ordinance Making Changes: Case No. 2939-C; Willow Bend - 01/12/2006First Reading January 12, 2006 Item No. 6.3 :;econd Kead1ng January 26, 2006 Item No. 6.8 ORDINANCE NO. 2006-oo005 AN ORDINAN~E AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2939-C; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON SECTION 3, BLOCK D-6, PROPOSED WILWW BEND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDffiONS; 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 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 Goverrunent 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 detennined 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. 2939-C SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 Specific Use 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 Section 3, Block D-6, Proposed Willow Bend Addition, City of Lubbock, Lubbock County, Texas, located at 17th Street and Inler Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITION: 1. THAT the minimum front setback for non cui de sac lots shall be fifteen feet, with the exception that any parking pad or garage entering from the street shall be twenty feet. The minimwn side setback for corner lots and front setback for cul de sac lots shall be five feet (subject to the same twenty foot rule for garage and parking pads). 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-1 Specific Use 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 Section 2, Block 0, Proposed Willow Bend 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. 2939-C page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 12th day of January, 2006. Passed by the City Council on second reading this 26th day of January, 2006. TOM MAR fiN: MAYOR PRO TEM ATTEST: ~h~p Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 72 Randy Henson, APPROVED AS TO FORM : Linda L. Chamales Senior Attorney Office Practice aslcitya.aJLinda/ZoneCases!ZC2939-C November 3, 2005 Zone Case No. 2939·C page-3 of3 r\ a one Case No. 2939-C Ordinance No. 200(;...()0005 Exhibit "A" HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS CIVIL ENGINEERS 1601 Avenue N I Lubboclt, TeliU 79401 I 8061763-5642 I FAX 8061763--3891 METES AND BOUNDS DESCRIPTION for a tract of land located in Section 3, Block 0·6, lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of Section 3, Block 0·6 and the centerline of 1ih Street which bears North approximately 856 feet from the Southeast corner of Section 3, Block D-6, Lubbock County, Texas; THENCE West, along the centerline of 1 ih Street, an approximate distance of 344 feet to a point in the cent.erline of Jason Avenue; THENCE North, along the centerline of Jason Avenue, an approximate distance of 2524 feet to a point in the centerline of a 20 foot wide alley; THE~CE East, along the centerline of said 20 foot wide alley, an approximate distance of 344 feet to a point in the East line of Section 3, Block D-6; THENCE South, along the East line of Section 3, Block D-6, an approximate distance of 2524 feet to the Point of Beginning. CONTAINS: approximately 19.9 acres of land. PREPARED FOR ZONE CHANGE REQUEST ONLY: DOES NOT REPRESENT A SURVEY.