HomeMy WebLinkAboutOrdinance - 2002-O0129 - Amending Zoning Ordinance; Case 2832-C; Specific Use For Garden Homes - 11/21/2002First Reading
November 21, 2002
Item No. 43
Second Reading
December 12, 2002
Item No. 21
ORDINANCE NO. 2002-o0129
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2832-C; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO R-1 SPECIFIC USE FOR GARDEN HOMES INCLUDING A FIVE
FOOT SIDE SETBACK ON CORNER LOTS AND A FIVE FOOT SETBACK ON
CUL DE SAC LOTS, ZONING ON AN UNPLATTED 36.6-ACRE TRACT OF
LAND OUT OF SECTION 4, BLOCK E, 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 29-24 (c )(2) 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. 2832-C
SECTION L THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-24 (24) of the Code of
Ordinances of the City of Lubbock from R-1 Specific Use to R-1 Specific Use
Zoning for garden homes including a five foot side setback on corner lots and
a five foot setback on cui de sac lots, on an unplatted 36.6-acre tract of land
out of Section 4, Block E, City of Lubbock, Lubbock County, Texas, located at
South of 76th Street between Ave. S and Ave. U, subject to the following
conditions, and being further described as follows:
Tract R-1 Specific Use
METES AND BOUNDS description for a tract of land located in Section 4,
Block E, Lubbock County, Texas, further described as follows:
Beginning at a point in the East line of the West half of Avenue "U" which
bears South an approximate distance of 1600.0 feet from the Northwest
corner of the Southeast Quarter of Section 4, Block E, Lubbock County,
Texas;
THENCE North, along the East line of the West half of Avenue "U", an
approximate distance of 1014.0 feet;
THENCE East an approximate distance of 1321.0 feet to a point in the West
line of the East half of A venue "S";
THENCE South, along the West line of the East half of Avenue "S", an
approximate distance of 1442.0 feet;
THENCE West and approximate distance of592.0 feet;
THENCE North and approximate distance of 428.0 feet;
THENCE West and approximate distance of 729.0 feet to the POINT OF
BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The side setback for lots adjacent to side streets shall be a minimum of
five feet for both the structure and the fence of the backyard on the
property line adjacent to the street.
2. The minimum front setback for structures on lots facing a cui de sac
shall be five feet with the exception of any front entry garage, which
shall have a front setback of twenty feet.
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, 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 pre-
vious zoning classification, which in this case is the 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) (2) of Codified Zoning
Ordinance No. 7084 on the property described as an unplatted 36.6-acre tract of land
out of Section 4, Block E, City of Lubbock, Lubbock County, Texas
Zone Case No. 2832-C
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SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by fine not to exceed Two Thousand and No/100 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 21st day
Passed by the City Council on second reading this 12th day of Dec. , 2002.
ATTEST:
~ .Le.c..: , ~ " Reecca Garza, City Secretary "'"iS
APPROVED AS TO FORM:
Linda L Chamales, Supervising Attorney
Office Practice
Ttld«:doc!ZC2832-C
November 12, 2002
Zone Case No. 2832-C
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