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HomeMy WebLinkAboutOrdinance - 2002-O0109 - Amending Zoning Ordinance To Make Changes: Case 2945 - 10/10/2002First Reading October 10, 2002 Item No. 44 Second Reading October 24, 2002 Item No. 40 ORDINANCE NO. 2002-00109 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2945; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE AND R-2 SPECIFIC USE ZONING ON AN UNPLATTED 19- ACRE TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, 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. 2945 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 ofthe City of Lubbock from R-1 to R-1 Specific Use and R-2 Specific Use zoning district on an unplatted 19-acre tract of land out of Section 1, Block J-S, City ofLubbock, Lubbock County, Texas, located South of Erskine Street and East of North Dover Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS description prepared for Zone change purposes only on a 19.00 acre tract of land located in Section 1, Block J-S, Lubbock County, Texas further described as follows: Beginning at a point that bearsS 89°55'52" E., 2133.07 feet and S. 00°12'22" E. 55.00 feet from the Northwest corner of said Section 1, Block J-S; THENCE S. 89°55'52" E., an approximate distance of 484.00 feet to a point; THENCE S. 00°12'22" E., an approximate distance of 1709.99 feet to a point; THENCE N. 89°55'52" W., an approximate distance of 484.00 feet to a point; THENCE N. 00°12'22" W., an approximate distance of 1709.99 feet to the point of BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Proposed lots 1-6 and 28-76 shall be R-2 Specific Use. 2. Proposed lots 7-27 shall be R-1 Specific Use. 3. That a twenty-foot front setback for both R-1 and R-2 non cui de sac lots and a five foot minimum setback (excluding any garage portion of the structure) for lots facing a cui de sac. 4. A five-foot side setback shall be permitted for corner lots with a condition that the fence setback also meet the five-foot dimension. 5. No front access shall be permitted to structures on the East side of Dover. The homes will be rear access only. 6. The alley between North Dover and North Clinton from Erskine to Colgate shall be paved with two connections to North Dover. 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-1 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 an unplatted 19-acre tract of land out of Section 1, Block J-S, 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. 2945 page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this lOth day of October, 2002. ATTEST: J;{....Le~ ~.a· -- Rebecca Garza, City Secretary' TK/CCDQCS/CITYATI.'LINDA/zti2945 October 14. 2002 Zone Case No. 2945 page-3 of3 GAL, MAYOR