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HomeMy WebLinkAboutOrdinance - 2009-O0120 - Amending Ordinance Zone Case No. 2508-F - 12/16/2009First Reading December 16, 2009 Ite111 No. 6.2 ORDINANCE N0. __ 2_00_9_-oo_I_2_0_ Second Reading January 14, 2010 Itea No. 5.22 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND TilE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2508-F A ZONING CHANGE FROM T, R-2 AND A-1 TO R-1 SPECIFIC USE ON 58.5 ACRES OF PLATTED AND UNPLATTED LAND OUT OF BLOCK E2, SECTIONS 19 AND 20, LUBBOCK, TEXAS; SUBJECT TO CONDffiONS; 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: ZONE CASE NO. 2508-F SECTION I. 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 T, R-2 and Avl to R-1 Specific Use on 58.5 acres of platted and unplatted land out of Block E2, Section 19 and 20, City of Lubbock, Lubbock County, Texas, located at South of 111th Street, North of 114th Street, from Hartford Avenue to Akron Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a twenty foot (20') front setback shall be established for non cui de sac lots. 2. THAT a five foot (5') front setback shall be established from the perimeter of any cui de sac lot, with the exception that any front entry home shall have a minimum of twenty feet (20') of setback for a front entrance garage. 3. THAT a frve foot (5') side setback shall be established for corner lots. 4. THAT if the homes on any block face utilize access to the garage from the alley, the fences on the corner lots shall be set fiVe feet (5') from the property line 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 T, R-2 and A-l 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 lilt Street, North of l141h Street, from Hartford Avenue to Akron Avenue, 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, 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. 2508-F page-2 of3 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. ATTEST: APPROVED AS TO CONTENT: 14 APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/CityAtt/Chad/Zones/ZC2508-F November 6, 2009 TOMMARTIN.MAYOR Zone Case No. 2508-F page-3 of3 Ordinance No. 2009-o0120 CIVIL ENGINEERING LAND PLANNING Rezone to "Rl Specific Use" METES AND BOUNDS DESCRlPTION of a 58.53 acre tract of land located in the south half of Sections 19 & 20, Block E2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point bearingS 89°56'55'' E an approximate distance of 1083 feet from the Southwest Comer of Section 19, Block E2, Lubbock County, Texas; THENCE N 00°00' 19'' W an approximate distance of 1093 feet; THENCE East an approximate distance of 1940 feet; THENCE S 00°00'21" E an appr~ximate distance of 566 feet; THENCE N 89°59' 17" E an appl'oximate distance of 426.96 feet; THENCE N 00°00'14" Wan approximate distance of390.49 feet; TI:IENCE N 89°59'26" E an approximate distance of 1068.12 feet; THENCE S 00°01 '38" E an approximate distance of 550.49 feet; THENCE West an approximate distance of2115.27 feet; THENCE South an approximate distance of 368.45 feet; THENCE N 89°56'55" Wan approximate distance of 1320 feet to the Point of Beginning and containing approximately 58.53 acres, including any rught of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Lubbock Land Company October 6, 2009 2oJJ~.Case tJo:"25>o8-F