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Home My WebLink AboutOrdinance - 2002-O0141 - Amending Zoning Ordinance To Make Changes: Case No. 2934-A; Garden Homes - 12/19/2002First Reading December 19, 2002 Item No. 35 Second Reading January 9, 2003 Item No. 14 ORDINANCE NO. 2002-oo141 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2934-A; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES ON AN UNPLATTED 4.08- ACRE TRACT OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; 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. 2934-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 Specific Use for setback, to R-1 Specific Use for garden homes under provisions of Section 29-24( c )(2) of the Code of Ordinances of the City of Lubbock for garden homes on an unplatted 4.08-acre tract ofland out of Section 21, Block AK, City ofLubbock, Lubbock County, Texas, located South of 109th Street and West of Grover Avenue. METES AND BOUNDS DESCRIPTION for zone change purposes only for an approximate 4.08 acre tract ofland for the proposed Lots 102-125, Lakewood Estates, an addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point that bears N. 89°48'W., 1,668.84 feet and S. 00°01'35" E., 779.66 feet form the Northeast corner of Section 21, Block AK, Lubbock County, Texas; THENCE S. 14°58'25" W., an approximate distance of681 feet to a point; THENCE N. 75°01 '35" W., an approximate distance of 115 feet to a point; THENCE N. 14°58'25" E., an approximate distance of 581 feet to a point; THENCE S. 89°58'25" W., an approximate distance of 124.99 feet to a point; THENCE N. 45°01'35" W., an approximate distance of 14.14 feet to a point; THENCE N. 00°01'31" W., an approximate distance of 86 feet to a point; THENCE N. 44°58'25" E., an approximate distance of21.21. feet to a point; THENCE N. 89°58'25" E., an approximate distance of22.09 feet to a point on a curve; THENCE Southeasterly, around a curve to the right, said curve having a radius of 972 feet, central angle of 15°, tangent lengths of 127.97 feet, an approximate chord distance of253.74 feet to a point; THENCE S. 75°01'35" E., an approximate distance of684.03 feet; THENCE S. 30°01 '25" an approximate distance of 14.14 feet to the place of BEGINNING. 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 specific use zone districts; 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 Section 21, Block AK, 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 No/100 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. Zone Case No. 2934-A page-2 of3 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 19th day of Dec. , 2002. ATTEST: (8,-<Lea:.~ 4 ~ "'' ~ eoca Garza, City Secretary '6 APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice MUcityatt/Linda!ZoneCasesiZC2934-A & CCDOC/ZC2934-A December 9, 2002 Zone Case No. 2934-A page 3 of3 00i.3.