HomeMy WebLinkAboutOrdinance - 2006-O0013 - Amending Ordinance To Make Change: Zone Case No. 1794-I - 01/26/2006First Reading
January 26, 2006
Item No. 6.5
ORDINANCE N0._2006~0013
Second Reading
February 9, 2006
Item No. 5.8
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE QTY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1794--1; A ZONING CHANGE FROM A-2 TO R-1
SPECIFIC USE FOR GARDEN HOMES ON A PORTION OF TRACT F
(PROPOSED LOTS F-2 THROUGH F-10), RAINTREE ADDITION, 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. 1794-1
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from A-2 to R-1 Specific Use for Garden Homes under
provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock
on a portion of Tract F (proposed Lots F-2 through F-10), Raintree
Addition, City of Lubbock, Lubbock County, Texas, located at 96th Street and
Joliet Avenue, and subject conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT a suitable step down be provided in any fencing on proposed Lots
F-9 and F-2 shall occur as the fence approached Joliet.
2. THAT setback may be five feet on lots adjacent to 96th or Joliet.
3. THAT Lots F-9 and F-10 shall be maintained as open space by a
neighborhood association. No strucrures other than play equipment, a
gazebo and hardscape {benches, etc.) or parking shall be constructed on
the two lots.
4. THAT a minimum front setback for Lots F-2 through F-8 shall be five
(5) feet with the exception of a front drive entry garage, which shall be
setback a minimum of twenty-feet.
5. THAT no screening fence shall be required on the east side of the east
alley.
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 A-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)(24) of Codified Zoning Ordinance No. 7084 on the property described as a
portion of Tract F (proposed Lots F-2 through F-10), Raintree Addition, 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 unconstirutional 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. 1794-/
page -2 of3
AND IT IS SO ORDERED.
Passed by the City Council on frrst reading this 26th day of January '2006.
Passed by the City Council on second reading this 9th da
ATTEST:
APPROVED AS TO CONTENT:
Ran~Se~~
APPROVED AS TO FORM:
~~c~~
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZCl794-l
January 10, 2006
Zone Case No. 1794-I
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