HomeMy WebLinkAboutOrdinance - 2007-O0039 - Amending Zoning Ordinance 7084. Zone Case 3078 - 04/26/2007First Reading
April 26, 2007
Itea lilo. 6.3
ORDINANCE NO. 2007-o0039
Second Reading
May u. 2007
Itea No. 5.2
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3078; A ZONING CHANGE FROM R-1 AND T TO
R-1 SPECIFIC USE FOR GARDEN HOMES WITH A REDUCED SETBACK ON
LOTS 1-20, PRAIRIE PARK 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. 3078
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1 and T to R-1 Specific Use for Garden Homes
with a reduced setback under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock on Lots 1 -20, Prairie Park Addition, City
of Lubbock, Lubbock County, Texas, located at 2100 block 88m Street, and
subject to the following conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zoning is R-1 Specific Use for garden homes.
2. THAT the side setback on corner lots may be a minimum of five feet. If
the homes are built as rear access, the fence on the corner lots shall have
a five foot setback.
3. THAT the minimum setback for homes on the cul-de-sac shall be five
feet, except that any front entry garage shall have a twenty foot setback.
4. THAT the side setback for the cul-de-sac lots from the adjacent street
shall be a minimum of five feet. If the homes are built as rear access,
the fence on the corner lots shall have a five foot setback.
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 shaU automatically revert back to the previous zoning classification, which in
this case is the R-1 and T 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)(2) of Codified Zoning Ordinance No. 7084 on the property described
as Lots 1 -20, Prairie Park 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.
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. 3078
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 26th day of __ A__,p_r_i_l __ , 2007.
ATTEST:
¢:?~.~
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~~~~->~
Linda L. Chamales
Senior Attorney Office Practice
ml/cityattfLinda/ZoneCases/ZC3078
April 16, 2007
Zone Case No. 3078
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