HomeMy WebLinkAboutOrdinance - 2006-O0105 - Amending Zoning Ordinance Making Changes: Zone Case 2926-C; Garden Homes - 09/28/2006First Reading
September 28~ 2006
Item No. 6.2
ORDINANCE NO. 2006-00105
Second Reading
October 13. 2006
Item No. 5.5
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2926-C; A ZONING CHANGE FROM C-2 AND R-1
SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES ON LOTS 148-
158 AND 163-193 AND R-1 SPECIFIC USE FOR REDUCED SETBACKS ON
LOTS 212-222, LAKERIDGE ESTATES 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. 2926-C
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock from C-2 and R-1 Specific Use to R-1
Specific Use for garden homes on Lots 148-158 and Lots 163-193 and R-1
Specific Use for reduced setbacks on Lots 212-222, Lakeridge Estates
Addition, City of Lubbock, Lubbock County, Texas, located east of Savannah
and south of 99th Street, subject to conditions and being further described as
follows:
METES AND BOUNDS DESCRIPTION AND SITE PLAN: Attached as
Exhibit" A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT in the Garden Home section (Lots 148-158 and Lots 163-193) the
minimum front setback for cul de sac lots shall be five feet, with the
exception that any home with a front entry garage shall provide a twenty
foot setback for the garage portion.
2. THAT in the Garden Home section (Lots 148-158 and Lots 163-193) the
minimum side setback on corner lots shall be five feet.
3. THAT in the traditional residential section along 10!51 Street (Lots 212-
222) the minimum front setback for cul de sac lots shall be five feet,
with the exception that any home with a front entry garage shall provide
a twenty foot setback for the garage portion.
4. THAT in the traditional home section (Lots 212-222) the minimum side
setback on corner lots shall be five feet.
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 C-2 and R-1 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) and 29-24 (c) (2) of Codified
Zoning Ordinance No. 7084 on the property described as Lots 148-158, 163-193 and
212-222, Lakeridge Estates 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 unconstitutional or invalid for any reason, the remainder
of this Ordinance shall not be affected thereby.
Zone Case No. 2926-C
page-2 of 3
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 September , 2006.
Passed by the City Council on second reading this 13th day of October , 2006.
D:~1.f{z:~OR
ATTEST:
~~-&-~ ~ ecca Garza, City Secretary
APPROVED AS TO CONTENT: J4.A~~
Randy Henson,foirector of Planning
APPROVED AS TO FORM:
~~~d~
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC2926-C
September 7, 2006
Zone Case No. 2926-C
page-3 of3
Exhibit "A"
:.
Zone Case No. 2926-C
Ordinance Bo. 2006-00105
Meles and Bounds Description on a 3.86 acre tract out of ~on 16, Block E-2, Lubbock
County, Texas further deaatbed by metes ancl bounds q follows:
BEGINNING at a point lhat bears South 1073 feet and West 499.6 feet from the Northeast comer
<:#Section 16, Block E-2;
THENCE soo•1r58" E. 312.00 feet
THENCE Nso·oow w, 474.95 feet;
THENCE N00°00'00" E, 156.00 feet
THENCE N90•00'00" W, 129.00 feel;
THENCE NOO'"OO'OO" E, 158.00 feet;
THENCE N90•0D'OO" e. 602.32 feel to the PLACE of BEGfNNING c;ontatnir,g 3.86 Acres,
including any RJght of Way.
Prepared f01' Zone Change Purposes only Does not Repcesent a swvey
Zone Case No. 2926-C
Exhibit "A"
MARIIBT1NG
Ken
Flagg
3403 73rd Street, Ste. 4
Lubbock, TX 79423
Phase IV
Lots 148 -252
DEVFLOPING
Larry
Teaver
Ordinance Ho. 2006-00105
806-785-31 70
Fax 785-31 73