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HomeMy WebLinkAboutOrdinance - 2008-O0056 - Ordinance Amending Zoning Ordinance To Make Changes: Zone Case No. 3061-A; - 05/22/2008First Reading May 22. 2008 Item No. 6.4 ORDINANCE NO ._2_o_os_-o_;;_:_00.:..::5:....:.6 __ Second lleading June 13. 2008 Item No. 5.8 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3061-A; A ZONING CHANGE FROM R-1 SPECIFIC USE AND R-2 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES INCLUDING A REDUCED SIDE SETBACK ON LOTS 106 THROUGH 117 AND LOTS 118-A THROUGH 138-A, SOUTH BROOK 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 29-29 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 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 frrst reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3061-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows : A change of zoning under prov1stons of Section 29-24 of the Code of Ordinances of the City of Lubbock from R-1 Specific Use and R-2 Specific Use to R-1 Specific Use for garden homes including a reduced side setback on Lots 106 through 117 and Lots 118-A through 138-A, South Brook Addition to four and one-half feet (versus five feet), City of Lubbock, Lubbock County, Texas, located at South of 89tb Street and North of 90th Street between Avenue T and Avenue U, subject to conditions, and being further described as follows: SUBJECT TO THE FOLLOWING CONDITIONS: I. THAT lots which front on cul-de-sac streets and which are contiguous to lots which do not front onto cul-de-sac streets shall have their front yard measured from where they would normally be measured if the street did not terminate in a cul-de-sac but continued on its course. In no event, however, shall any residence have less than a five-foot front yard setback, and in no event shall a residential garage have less than a twenty-foot front setback. 2. THAT there shall be at least 9 feet of separation between structures. 3. THAT the minimum side yard adjacent to a side street shall be five (5) feet. This setback shall include any fence and/or accessory structure, except that in no event shall a residential garage be less than twenty (20) feet from any property line adjacent to a street. 4. THAT for any one-story structure the minimum rear yard adjacent to a side alley, shall be four and one-half (4 1/) feet, except that in no event shall a residential garage be less than twenty (20) feet from any property line adjacent to a side alley. 5. THAT for proposed Lots 145, 142, 133-Al and 130-Al the rear setback for the residential garage shall not be less than fifteen (15) feet. 6. THAT cornices, eaves, sills, canopies, and chimneys may extend one and one half (1 1/z) feet into any required yard. Bay windows are not permitted under this section. 7. THAT a solid screening fence at least six (6) feet tall shall be constructed and permanently maintained adjacent to Avenue U. All fencing shall conform to Section 29-30(b)(6)i of the City of Lubbock Code of Ordinances. One curb cut onto A venue U shall be allowed from the access easement. The screening fence shall slope from two and one-half (2 %:) feet to four and one-half (4 %) feet for twenty-five (25) feet in both directions along A venue U at the curb cut and to the south at the adjacent alley. Zone Case No. 3061-A page-2 of4 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 and R-2 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 South of 89th Street and North of 90th Street between Avenue T and Avenue U, 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. 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 22nd day of May '2008. Passed by the City Council on second reading this 13th day of June '2008. 'lk.#/~ ATTEST: TOM MARTIN, MAYOR Zone Case No. 3061-A page-3 of4 APPROVED AS TO CONTENT: irector of Planning APPROVED AS TO FORM: ~& Chad Weaver Assistant City Attorney vw/Cityau/Chad/ZoneCases/ZC3061-A May6,2008 Zone Case No. 3061-A page-4 of4