HomeMy WebLinkAboutOrdinance - 2009-O0119 - Amending Zoning Ordinance To Make Jchanges: Zone Case No. 2995-H - 12/16/2009First Reading
December 16, 2009
Item No. 6.1
ORDINANCE NO. 2009-<>0119
Second Reading
January 14, 2010
Item No. 5.21
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995-H; A ZONING CHANGE FROM R-2 SPECIFIC
USE TO R·2 SPECIFIC USE WITH AMENDED CONDITIONS ON LOTS 154-158,
BACON CREST ADDITION, LUBBOCK, TEXAS; SUBJECT TO AMENDED
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 Government Code §211.007 0' emon, 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. 2995-H
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 29-24 of the Code of Ordinances
of the City of Lubbock from R-2 Specific Use to R-2 Specific Use with amended
conditions on Lots 154-158, Bacon Crest Addition, City of Lubbock, Lubbock
County, Texas, located at 6302, 6304, 6306, 6308, and 6310 79th Street, subject
to amended conditions, and being further described as follows:
SUBJECT TO THE FOLLOWING AMENDED CONDITIONS:
l. THAT a twenty foot (20') front setback shall be established for any of
the lots including 6302 to 6310 79th Street, Lots 154-158.
2. THAT a five foot (5') side setback shall be established for corner lots.
3. THAT if a five foot (5') side setback is used on a corner lot and the
homes on the block utilize access to the garage from the alley, the
fence of the corner lot shall be inset five feet (5') from the property
Hne (the same as allowed for the adjacent home to the north) to
provide a better visual entrance/exit from the 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 R-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 6302, 6304, 6306,
6308, and 6310 79th Street, 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 Noll 00 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, plrrase 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 16th day of December '2009.
Passed by the City Council on second reading this 14th day of January , 2010.
Zone Case No. 2995-H
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ATTEST:
D~-~ ~arza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/ZC299S-H
November 6, 2009
Zone Case No. 2995-H
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