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HomeMy WebLinkAboutOrdinance - 2003-O0107 - Amending Zoning Ordinance Making Changes: Case No. 2847-B - 09/18/2003First Reading September 18, 2003 Item No. 42 ORDINANCE NO. 2003-00107 Second Reading October 9,, 2003 Item No. 70 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF. LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2847-B; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR SET BACK TO R-2 SPECIFIC USE FOR GARDEN HOMES ON 4.1 ACRES OF UNPLATTED LAND OUT OF SECTION 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 complied with, including giving notices in compliance with Section 29-29 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 Ordinance 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-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 for set back, to R-1 Specific Use for garden homes under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 4.1 acres of unplatted land out of Section 28, Block AK, City of Lubbock, Lubbock County, Texas, located south of 83rd Street and west of Homestead Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION of 4.1 acres land out of Section 28, Block AK, and further described as follows: BEGINNING at a point which bears West approximately 1528 feet, and South approximately 398 feet from the Northeast comer of Section 28, Block AK, Lubbock County, Texas; THENCE South an approximate distance of 162.0 feet; THENCE West an approximate distance of 1113 .4 feet; THENCE North an approximate distance of 162.0 feet; THENCE East an approximate distance of 1113.4 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITION: 1. THAT side setback on the lots adjacent to Homestead and Iola may be five feet. 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 Specific Use for setback 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) (2) of Codified Zoning Ordinance No. 7084 on the property described as 4.1 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 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. Zone Case No. 2847-B Page-2 of3 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 18th day of ATTEST: ~de,,~'-.- Rebecca Garza, City Secretary 0 , Senior Planner APPROVED AS TO FORM: ~.,_ /4~~~ Linda L. Chamales, Supervising Attorney Office Practice Ke/ccdocs/ZC284 7-B September 9, 2003 Zone Case No. 2847-B Page-3 of3 September , 2003.