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HomeMy WebLinkAboutOrdinance - 2003-O0006 - Amending Zoning Ordinance: Case 2957; Specific Use For Garden Homes - 01/23/2003First Reading January 23, 2003 Item No. 33 ORDINANCE NO. 2003-00006 Second Reading February 13, 2003 Item No. 17 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2957; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR GARDEN HOMES AND R-2 SPECIFIC USE FOR DUPLEXES, ON AN UNPLATTED 21.92-ACRE TRACT OF LAND OUT OF SECTION 19, BLOCK E-2, 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)(24) 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. 2957 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from T to R-1 Specific Use for garden homes and R-2 Specific Use for duplexes, under provisions of Section 29-24( c )(24) of the Code of Ordinances of the City of Lubbock for garden homes and duplexes on an unplatted 21.92-acre tract ofland out of Section 19, Block E-2, City of Lubbock, Lubbock County, Texas, located South of 108th Street and East of Indiana Avenue, subject to the following conditions and being further described as follows: TRACT 1 T to R-1 SPECIFIC USE ZONING FIELD NOTES on the North 155' of a 21.923-acre tract of the South half (S/2) of Section 19, Block E-2, Lubbock County, Texas said 21.923-acre tract being further described as follows: BEGINNING at a found ½" rod with orange cap marked RPLS 4460 for the Northeast corner of the 11.994-acre tract described in Volume 7469, Page 52, Lubbock County Real Property Records for the Northwest corner of this tract from whence the Northwest corner of the S/2 of Section 19 bears West 700 feet and North 705.38 feet; THENCE East, along the South line of 108th Street, a distance of 1178.97 feet to a point for the Northeast corner of this tract, from whence a found ¾" iron pipe with cap marked RPLS 4460 bears East 32 feet; THENCE South, a distance of 810.0 feet to set½" rod with cap marked RPLS 4460 for the Southeast corner of this tract; THENCE West, a distance of 1178.97 feet to a found½" rod with orange cap marked RPLS 4460 at the Southeast corner of the said 11.994-acre tract for the Southwest corner of this tract; THENCE North, along the East line of the 11.994-acre tract, a distance of 810.00 feet to the PLACE OF BEGINNING. TRACT2 T to R-2 SPECIFIC USE ZONING FIELD NOTES on the South 655' of a 21.923-acre tract of the South half (S/2) of Section 19, Block E-2, Lubbock County, Texas said 21.923-acre tract being further described as follows: BEGINNING at a found ½" rod with orange cap marked RPLS 4460 for the Northeast corner of the 11.994-acre tract described in Volume 7469, Page 52, Lubbock County Real Property Records for the Northwest corner of this tract from whence the Northwest corner of the S/2 of Section 19 bears West 700 feet and North 705.38 feet; THENCE East, along the South line of 108th Street, a distance of 1178.97 feet to a point for the Northeast corner of this tract, from whence a found ¾" iron pipe with cap marked RPLS 4460 bears East 32 feet; THENCE South, a distance of 810. 0 feet to set ½" rod with cap marked RPLS 4460 for the Southeast corner of this tract; Zone Case No. 2957 page 2 of4 THENCE West, a distance of 1178.97 feet to a found ½" rod with orange cap marked RPLS 4460 at the Southeast comer of the said 11.994-acre tract for the Southwest comer of this tract; THENCE North, along the East line of the 11.994-acre tract, a distance of 810.00 feet to the PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS ON BOTH R-1 SPECIFIC USE AND R-2 SPECIFIC USE ZONING: 1. Fifteen foot front setback on standard lots. 2. Five-foot front setback on cul de sac lots with a minimum of20- foot front setback for garages. 3. Five-foot side setback for lots adjacent to a 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 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)(24) of Codified Zoning Ordinance No. 7084 on the property described as a 21.92 acre and 30.181 acre tract of land out of Section 19, Block E-2, 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 Noll 00 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. Zone Case No. 2957 page 3 of4 AND IT IS SO ORDERED. Passed by the City Council on first reading this 23:cd day of January Passed by the City Council on second reading this 13th day of Februa ATTEST: &c«-~~ Rebecca Garza, City Secretary Linda L. Chamales, Supervising Attorney Office Practice MUcityatt/Linda/ZoneCases/ZC2957 & CCDOC/ZC2957 January 10, 2003 Zone Case No. 2957 page-4 of 4 , 2003. , 2003.