HomeMy WebLinkAboutOrdinance - 2003-O0038 - Amending Zoning Ordinance To Make Changes: Case 2970 - 04/24/2003First Reading
April 24, 2003
Item No. 41
ORDINANCE NO. 2003-00038
Second Reading
Kay 8, 2003
Item No. 24
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF L1JBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2970; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR RESIDENTIAL ESTATES AND CONDITIONS THAT MATCH
DEED RESTRICTIONS ON LOTS 1-61 AND 71-106, PINE GROVE ESTATES
ADDITION, 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. 2970
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 residential estates and
conditions that match deed restrictions under provisions of Section 29-24 of the
Code of Ordinances of the City of Lubbock on Lots 1-61 and 71-106, Pine
Grove Estates Addition, City of Lubbock, Lubbock County, Texas, located east
of Upland Ave. and north of Brownfield Hwy., and subject to conditions.
SUBJECT TO THE FOLLOWING CONDITION:
a. It shall be permissible to keep on each lot or building site, a total of two
(2) domestic animals which may only be horses and/or cows. For each
one-half (1/2) acre of area of a lot or building site that is in excess of one
acre, one additional horse or cow shall be permissible (Lubbock County
deed records Volume 1838, page 9).
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 C-4 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 3 of Codified
Zoning Ordinance No. 7084 on the property described as Lots 1-61 and 71-106, Pine
Grove Estates Addition, 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 24th day of ___ A~p~r_i_l __ ~, 2003.
ATTEST:
~~L,.._. _ 'b:..~ Rebeca Garza, City Secretary ti
Zone Case No. 2970
page -2 of3
GAL,MAYOR
APPROVED AS TO FORM:
,,,,:::--___..._'_J# ~~ __e:___
Linda L. Chamales, Supervising Attorney
Office Practice
sh/cityatuLinda/ZoneCases/ZC2255-L& CCDOC/ZC2970
April 10, 2003
Zone Case No. 2970
page -3 of 3