HomeMy WebLinkAboutOrdinance - 2003-O0037 - Amending Zoning Ordinance To Make Changes: Case 2847-A - 04/24/2003First Reading
Apri1 24,, 2003
Item No. 40
ORDINANCE NO. 2003-00037
Second Reading
May 8,, 2003
Item No. 23
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2847-A; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR 20-FOOT FRONT SETBACK, 5-FOOT SIDE SETBACK ON
END LOTS, AND 5-FOOT FRONT SETBACK ON CUL DE SAC LOTS ON 81.9
ACRES OF UNPLATTED LAND OUT OF SECITON 28, BLOCK AK, 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 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. 2847-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 29-24 of the Code of Ordinances
of the City of Lubbock from T to R-1 Specific Use for 20-foot front setback, 5-
foot side setback on end lots, and 5-foot front setback on cul de sac lots on 81.9
acres of unplatted land out of Seciton 28, Block AK, City of Lubbock, Lubbock
County, Texas, located south of 83rd Street and west of Homestead Ave.,
subject to conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTOIN for an 81.9 acre tract ofland located in
Section 28, Block AK, Lubbock County, Texas, being further described as
follows:
BEGINNING at a point which bears West, an approximate distance of 1500.0 feet
and South, an approximate distance of 398.0 feet from the Northeast comer of
Section 28, Block AK, Lubbock County, Texas;
THENCE S. 00°01 '35" E., an approximate distance of 1618.8 feet;
THENCE S. 00°42'43" W., an approximate distance of 349.5 feet;
THENCE S. 00°01 '35" E., an approximate distance of 1641.1 feet;
THENCE N. 89°54'20" W., an approximate distance of 1136.1 feet;
THENCE N. 00°02'30" W., an approximate distance of3132.4 feet;
THENCE S. 89°54'20" E., an approximate distance of 1141.4 feet to the POINT
OF BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. A minimum twenty-foot setback on regular lots.
b. A minimum of five-foot setback from side streets on comer lots.
c. A minimum of five-feet setback on cul de sac lots with the exception of
garages, which must have a minimum of twenty feet of setback.
d. The backyard fence adjacent to side streets shall meet the same five foot
setback as the home.
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 district; 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 81.9 acres of ·
unplatted land out of Section 28, 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 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.
Zone Case No. 2847-A
page -2 of 3
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 24th day of __ -=A=-=p=r-=i=l __ _,, 2003.
ATTEST:
"20~. h.
Rebe"cca Garza, City Secretary
APPROVED AS TO FORM:
-Cc->-~--C-__
Linda L. Chamales, Supervising Attorney
Office Practice
sh/cityatt/Linda/ZoneCases/ZC2255-L& CCDOC/ZC2847-A
April 10, 2003
Zone Case No. 2847-A
page -3 of3