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HomeMy WebLinkAboutOrdinance - 2007-O0080 - Amending Zone Cae No. 3050-B; Specific Use For Reduced Setbacks; Garden Homes - 07/26/2007II First Reading July 26, 2007 Itea No. 6.4 ORDINANCE NO. 2007-oOOSO Second Reading August 9, 2007 Itea Ro. 5.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3050-B; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR REDUCED SETBACKS TO R-1 SPECIFIC USE FOR GARDEN HOMES ON WTS 1-14, SOLARIS ESTATES ADDITION, LUBBOCK, TEXAS; 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 29-29 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: WNE CASE NO. 3050-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 Specific Use for reduced setbacks 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 Lots 1-14, Solaris Estates Addition, City of Lubbock, Lubbock County, Texas, located east of Quaker A venue and north of nom Street. 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 Pennit 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 for reduced set back 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) (3) of Codified Zoning Ordinance No. 7084 on the property described as east of Quaker A venue and north of 1301h Street, 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. AND IT IS SO ORDERED. Passed by the City Council on first reading this 26th day of ---=J-=u=-ly'----' 2007. Passed by the City Council on second reading this 9th day of August , 2007. ATTEST: ~mcy =::i!t:.zvf' Zone Case No. 3050-B page· 2 of3 APPROVED AS TO CONTENT: APPROVED AS TO FORM: -:-:!:<--<:c?< C~~ ,..-e._,_ Linda L. Chamales Senior Attorney Office Practice vw/cityatt/Linda/ZoneCases/ZC3050-B July 12,2007 Zone Case No. 3050·B page-3 of3