HomeMy WebLinkAboutOrdinance - 2003-O0009 - Amending Zoning Ordinance To Make Case 2936-A; Garden Homes - 01/23/2003First Reading
January 23, 2003
Item No. 36
ORDINANCE NO. 2003-00009
Second Reading
February 13, 2003
Item No. 20
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2936-A; A ZONING CHANGE FROM GO TO R-1
SPECIFIC USE FOR GARDEN HOMES ON AN UNPLATTED 9.52-ACRE TRACT
OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING
A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
WFfEREAS, 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 A valanche-Joumal 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. 2936-A
SECTION L THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from GO to R-1 Specific Use for garden homes under
provisions of Section 29-24( c )(24) of the Code of Ordinances of the City of
Lubbock for garden homes on an unplatted 9.52-acre tract ofland out of Section
16, Block E-2, City of Lubbock, Lubbock County, Texas, located West of
Quaker Avenue and North of llih Street, subject to the following conditions
and being further described as follows:
METES AND BOUNDS DESCRIPTION on a 9.52-acre tract out of Section 16,
Block E-2, Lubbock County, Texas, being prepared for Zone Change purposes
only, and further described by metes and bounds as follows:
BEGINNING at a point for the Southeast comer of this tract, from whence the
Southeast comer of Section 16 as held on the ground bears S. 00°08'36" E, 846.63
feet and N. 89°56'37" E., 206.17 feet;
THENCE S. 89°56'37" W., 836.44 feet;
THENCE North, 496 feet;
THENCE N. 89°56'37" E., 836.44 feet;
THENCE South, 496 feet to the PLACE OF BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Five foot front setback on cul de sac lots except that a garage shall
be twenty feet.
2. Five foot 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 GO 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 9.52 acre
tract ofland out of Section 16, 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 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.
Zone Case No. 2936-A
page -2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23rd day of __ J_a_nu_a_ry.;._ _ ____, 2003.
ATTEST:
Rebecca Garza, City Secretary ~
APPROVED AS TO CONTENT: 14
APPROVED AS TO FORM:
,,,.,-:,? -:,,..,,,.,,,-c.~c~~ ~--
Linda L. Chamales, Supervising Attorney
Office Practice
MVcityatt/Linda!ZoneCases/ZC2936·A & CCDOC/ZC2936-A
January l 0, 2003
Zone Case No. 2936-A
page 3 of3
AL,MAYOR