HomeMy WebLinkAboutOrdinance - 2003-O0010 - Amend Zoning Ordinance To Make Change: Zone Case No. 2555-A; Limited To Church - 01/23/2003First Reading
January 23, 2003
Item No. 37
ORDINANCE NO. 2003-00010
Second Reading
February 13, 2003
Item No. 21
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2555-A; A ZONING CHANGE FROM A-2 LIMITED
TO A CHURCH AND T TO R-2 SPECIFIC USE FOR DUPLEXES ON 1.6-ACRE
AND 7.8-ACRE TRACTS OF LAND OUT OF SECTION 16, BLOCK E-2,
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 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. 2555-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from A-2 limited to a church and T to R-2 Specific Use for
duplexes under provisions of Section 29-24(c)(24) of the Code of Ordinances of
the City of Lubbock on 1.6-acre and 7 .8-acre tracts of land out of Section 16,
Block E-2, City of Lubbock, Lubbock County, Texas, located North of 106th
Street and West of Quaker A venue, subject to the following conditions and
being further described as follows:
TRACTl
A-2 to R-2 SPECIFIC USE
METES AND BOUNDS DESCRIPTION for a zone change request only to GO
for an approximate 1.6 acre tract of land located in Section 16, Block E-2,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point that bears S. 00°14'17" E., 2,048.29 feet and N. 89°59'26"
W., 55.00 feet from the Northeast comer of Section 16, Block E-2, Lubbock
County, Texas;
THENCE S. 00°14'17" E., an approximate distance of330 feet;
THENCE N. 89°59'26" W., an approximate distance of210 feet;
THENCE N. 00°14'17" W., an approximate distance of330 feet;
THENCE S. 89°59'26" E., an approximate distance of210 feet to the PLACE OF
BEGINNING.
TRACT2
T to R-2 SPECIFIC USE
METES AND BOUNDS DESCRIPTION for a zone change request only to R-2
for an approximate 7.8 acre tract ofland located in Section 16, Block E-2,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point that bears S. 00°14'17" E., 2,048.29 feet and N. 89°59'26"
W., 265 feet from the Northeast comer of Section 16, Block E-2;
THENCE S. 00°14'17" E., an approximate distance of 330 feet;
THENCE N. 89°59'26" W., an approximate distance of 65 feet;
THENCE S. 00°14'17" E., an approximate distance of204 feet;
THENCE N. 89°59'26" W., an approximate distance of 120 feet;
THENCE S. 00°14'17" E., an approximate distance of 60 feet;
THENCE N. 89°59'26" W., an approximate distance of 429.76 feet;
THENCE N. 00°14'17" W., an approximate distance of 594 feet;
Zone Case No. 2555-A
page 2 of4
THENCE 89°59'26" E., an approximate distance of 614.76 feet to the PLACE OF
BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Twenty-foot front setback on standard lots.
2. Five-foot minimum front setback on cul de sac lots except that a
garage shall be twenty feet.
3. Five-foot side setback for lots adjacent to side street 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 A-2 limited to a church and 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 1.6 acre and 7 .8 acre tracts of land 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23rd day of __ J_a_n_ua_ry_:::_ __ , 2003.
Zone Case No. 2555-A
page -3 of4
I
GAL,MAYOR
ATTEST:
G~ce-~
Rebecca Garza, City Secret~
APPROVED AS TO FORM:
L,.-~--2 ~" ex::._-~~ ..
Linda L. Chamales, Supervising Attorney
Office Practice
MUcityatt/Linda/ZoneCases/ZC2555-A & CCDOC/ZC2555-A
January 10, 2003
Zone Case No. 2555-A
page-4 of 4