HomeMy WebLinkAboutOrdinance - 2003-O0008 - Amending Zoning Ordinance Making Change: Zone Case NO. 2959; Garden Homes - 01/23/2003First Reading
January 23, 2003
Item No. 35
ORDINANCE NO. 2003-00008
Second Reading
February 13, 2003
Item No. 19
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2959; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE FOR GARDEN HOMES AND R-2 SPECIFIC USE FOR
DUPLEXES, ON AN UNPLATTED 11.5-ACRE TRACT OF LAND OUT OF
SECTION 10, BLOCK JS, 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)(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. 2959
SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1 to R-1 Specific Use for garden homes and R-2
Specific Use for duplexes, both with 15-foot front setback, 5-foot front setback on
cul de sac lots with a minimum 20-foot front setback for garages, and a 5-foot side
setback on side yards adjacent to a street under provisions of Section 29-24( c )(24)
of the Code of Ordinances of the City of Lubbock on an unplatted 11.5-acre tract
ofland out of Section 10, Block JS, City of Lubbock, Lubbock County, Texas,
located West of Milwaukee Avenue around 9th Street, subject to the following
conditions and being further described as follows:
R-1 SPECIFIC USE GARDEN HOME
METES AND BOUNDS DESCRIPTION for a 3.3-acre tract located in Section
10, Block J-S, Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the East line of Section 10, Block J-S, Lubbock
County, Texas, which bears South an approximate distance of 1452.0 feet from
the Northeast comer of Section 10, Block J-S, Lubbock County, Texas;
THENCE South, along the East line of Section 10, Block J-S, Lubbock County,
Texas, an approximate distance of 144.0 feet;
THENCE West an approximate distance of988.7 feet;
THENCE North an approximate distance of 144.0 feet;
THENCE East an approximate distance of988.7 feet to the POINT OF
BEGINNING.
R-1 SPECIFIC USE GARDEN HOME
METES AND BOUNDS DESCRIPTION for a 1.9-acre tract located in Section
10, Block J-S, Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the South line of the North half of Section 10, Block
J-S, Lubbock County, Texas, which bears South an approximate distance of
2636.1 feet and West an approximate distance of973.2 feet from the Northeast
comer of Section 10, Block J-S, Lubbock County, Texas;
THENCE West, along the South line of the North half of Section 10, Block J-S,
Lubbock County, Texas, an approximate distance of 136.0 feet;
THENCE North an approximate distance of 604.1 feet;
THENCE East an approximate distance of 136.0 feet;
THENCE South an approximate distance of 604.1 feet to the POINT OF
BEGINNING.
R-2 SPECIFIC USE FOR DUPLEXES
METES AND BOUNDS DESCRIPTION for a 6.3-acre tract located in Section
10, Block J-S, Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the East line of Section 10, Block J-S, Lubbock
County, Texas, which bears South an approximate distance of 1596.0 feet from
the Northeast comer of Section 10, Block J-S, Lubbock County, Texas;
Zone Case No. 2959
page 2 of4
THENCE South, along the East line of Section 10, Block J-S, Lubbock County,
Texas, an approximate distance of 148.0 feet;
THENCE West an approximate distance of 831.2 feet;
THENCE South an approximate distance of 893.1 feet to a point in the South line
of the North half of Section 10, Block J-S, Lubbock County, Texas;
THENCE West, along the South line of the North half of Section 10, Block J-S,
Lubbock County, Texas, an approximate distance of 142.0 feet;
THENCE North an approximate distance of 893.1 feet;
THENCE West an approximate distance of 15.5 feet;
THENCE North an approximate distance of 148.0 feet;
THENCE East an approximate distance of988.7 feet to the POINT OF
BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS FOR BOTH R-1 SPECIFIC
USE AND R-2 SPECIFIC USE:
1. Fifteen foot minimum front setback on standard lots except that a
front entry garage shall be twenty feet.
2. Five-foot minimum front setback on cul de sac lots except that a
front entry garage shall be twenty feet.
3. Five-foot minimum side setback oflots adjacent to side streets for
both the structure and the backyard fence adjacent to the 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 R-1 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 an unplatted 11.5 acre
tract ofland out of Section 10, Block JS, 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
Zone Case No. 2959
page 3 of4
($2,000.00) as provided m 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 23mday of January, 2003.
ATTEST:
sQJh<~<~A ~
Rebecca Garza, City Secretary
Linda L. Chamales, Supervising Attorney
Office Practice
MVcityatt/Linda/ZoneCases/ZC2959 & CCDOC/ZC2959
January 10, 2003
Zone Case No. 2959
page 4 of4