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HomeMy WebLinkAboutOrdinance - 2002-O0086 - Amending Zoning Ordinance Making The Following Changes: Case 2828-D - 08/29/2002First Reading August 29, 2002 Item No. 74 ORDINANCE Second Reading September 17, 2002 Item No. 24 2002-Q0086 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2828~D; A ZONING CHANGE FROM T TO R~1 SPECIFIC USE ZONING ON AN UNPLATTED 2.19-ACRE TRACT OF LAND OUT OF SECTION 16, BLOCK E-2, 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 compiled 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 Ordinances 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. 2828-D SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from T to R-1 Specific Use zoning district on an unplatted 2.19-acre tract of land out of Section 16, Block E-2, City of Lubbock, Lubbock County, Texas, located at South of 103rd Street and West of Vicksburg Ave, subject to conditions, and being further described as follows: METES AND BOUNDS description prepared for Zone change purposes only on a 2.191 acre tract out of Section 16, Block E-2, Lubbock County, Texas further described as follows: Beginning at a point for the Northwest corner of this tract from whence the Northwest corner of Section 16, Block E-2 bears West 1394.62 feet and N. 00°03'27" W., 1695.9 feet THENCE East 4.45 feet; THENCE Easterly, around a curve to the right, having a radius of 984 feet, a chord distance of 153.34 feet and chord bearing of S. 85°51 '24" E.; THENCE S. 00°06'42" E., 598.46 feet; THENCE West 157.62 feet; THENCE N. 00°05'19" W., 609.54 feet to the PLACE OF BEGINNING and containing 2.191 acres including any Right-of-Way. SUBJECT TO THE FOLLOWING CONDITIONS: 1. A twenty (20) foot front setback shall be minimum and a five (5) foot side setback shall be allowed for the lots adjacent to 103rd Street and 1 05th 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 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 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) and 29-24 ( c) (2) of Codified Zoning Ordinance No. 7084 on the property described as an unplatted 2.19- acre tract of land out of Section 16, Block E-2, City of Lubbock, Lubbock County, Texas. SECTION 3. 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 4. 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. 2828-D page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 29th day of August , 2002. Passed by the City Council on second reading this 17t:hday of Sept. , 2 2. ATTEST: ~J2 Q~~ -' O• ~--- Rebecca Garza, City Secretary l:C APPROVED AS TO FORM: ,,______,',_..,. .. £c:Y~~-~ Linda L Chamales, Supervising Attorney Office Practice TKICCDOCS/CITY A IT/LINDN•c:lll2&-D August I 3, 2002 Zone Case No. 2828-D page-3 of3