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HomeMy WebLinkAboutOrdinance - 2003-O0051 - Amending Zoning Ordinance Making Chnages: Zone Case 2934-B - 05/22/2003First Reading May 22,. 2003 Item No. 42 ORDINANCE NO. 2003-00051 Second Reading June 12,. 2003 Item No. 22 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2934-B; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES MIXED WITH TOWN HOMES ON AN UNPLATTED 16.7 ACRE TRACT OF LAND OUT OF SECTION 21, 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. 2934-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 Specific Use with conditions, to R-1 Specific Use for garden homes mixed with town homes under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on an unplatted 16.7 acre tract ofland out of Section 21, Block AK, City of Lubbock, Lubbock County, Texas, located south of 100th Street and west of Homestead Ave., subject to conditions, and being further described as follows: METES AND BONDS DESCRIPTION for a tract ofland located on Section 21, Block AK, Lubbock County, Texas, being :further described as follows: BEGINNING at a point which bears West an approximate distance of 1814.7 feet and South an approximate distance of 854.1 feet from the Northeast comer of Section 21, Block AK, Lubbock County, Texas; THENCE S. 14°58'25" W. an approximate distance of 1061.1 feet; THENCE S. 59°58'25" W. an approximate distance of 100.2 feet; THENCE N. 75°01 '35" W. an approximate distance of 506.3 feet; THENCE N. 30°01 '35" W. an approximate distance of 100.2 feet; THENCE N. 14°58'25" an approximate distance of 1061.1 feet; THENCE S. 75°01 '35" E. an approximate distance of 648.0 feet SUBJECT TO THE FOLLOWING COl'fDITION: a. That the town homes are limited to the six locations on the comers of the two loop streets. The balance of the lots shall be developed as garden homes. 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)(2) of Codified Zoning Ordinance No. 7084 on the property described as an unplatted 16.7 acre tract of land out of Section 21, 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 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. 2934-B page -2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 22nd day of __ --===----' 2003. ATTEST: ~o]&c «-< , ~-~ ~cca Garza, City Secretary "{;,,,: APPROVED AS TO CONTENT: APPROVED AS TO FORM: •. /.:''~ c ;:Y--~cc?~ c ~~CA--,_ ___ -..A!::?. ______ .. Linda L. Chamales, Supervising Attorney Office Practice sh/cityatt/Linda/ZoneCases/ZC2255-L& CCDOC/ZC2934-B May 7, 2003 Zone Case No. 2934-B page-3 of3