HomeMy WebLinkAboutOrdinance - 2002-O0104 - Amending Zoning Ordinance To Make Changes: Case 2876-A; Specific Use Garden Home - 09/26/2002First Reading
September 26, 2002
Item No. 41
ORDINANCE NO. 2002-o0104
Second Reading
October 10, 2.(1)2
Item No. 21
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2876-A; A ZONING CHANGE FROM T AND R-1
SPECIFIC USE TO R-1 SPECIFIC USE ZONINGFOR GARDEN HOMES ON AN
UNPLATTED 10.2 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:
1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2876-A
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 and R-1 Specific Use to R-1 Specific
Use zoning district for garden homes and/or town-homes on an unplatted 10.2-
acre tract of land out of Section 16, Block E-2, City of Lubbock, Lubbock
County, Texas, located South of 106th Street and East of Slide Road, subject
to conditions, and being further described as follows:
METES AND BOUNDS description prepared for Zone change purposes only
on a 10.17 acre tract of land located in Section 16, Block E-2, Lubbock
County, Texas further described as follows:
Beginning at a point in the North line of the South Half of said Section 16
from whence the Northeast corner of the South Half bears N. 89°56'52" E.,
3773.29 feet;
THENCE S. 00°09'41" E., along the West Right-of-Way line of Vicksburg
Ave., 105.66 feet to a point which is the intersection of the West line of
Vicksburg Ave. and the South line of 106th Street;
THENCE S.89°28'55" E., along the South line of 106th Street, 432.96 feet;
THENCE S. 00°05'08" E., 210.15 feet;
THENCE S. 89°57'04" W., 1530.05 feet;
THENCE N. 00°05'33" W., 320.11 feet;
THENCE N. 89°56'52" E., 1097.02 feet to the PLACE OF BEGINNING and
containing 10.17 acres including any Right of Way.
SUBJECT TO THE FOLLOWING CONDITIONS:
I. That the garden home and town home style of construction shall be
allowed, with one of the choices on all the lots in each of the proposed
block faces on each street.
2. That setback for homes on lots adjacent to a cul-de-sac may have a
minimum of a five foot front setback for any non-garage portion of
the structure.
3. That side setback adjacent to a street on corner lots may be five (5)
feet with the exception of any intrusion into the vision triangle at
street intersections.
4. That the side setback for fences on the street side of corner lots shall
be five feet to match the building 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
patiicularly, 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 and R-1
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) (3) of Codified Zoning Ordinance No. 7084 on the property described as an
unplatted 10.2-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.
Zone Case No. 2876-A
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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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 26tbday of Sept. , 2002.
Passed by the City Council on second reading this lOth day of Oct
ATTEST:
~k~~
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
Office Practice
TKICCDOCS!CITY A ITILINDA/zc281<~A
September 16, 2002
Zone Case No. 2876-A
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