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HomeMy WebLinkAboutOrdinance - 2003-O0134 - Amending Zoning Ordinance To Make Changes: Case 2985-A - 12/08/2003First Reading December 8, 2003 Item No. 33 ORDINANCE NO. 2003-00134 Second Reading December 18. 2003 Item No. 36 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2985-A; A ZONING CHANGE FROM T TO R-2 SPECIFIC USE FOR REDUCED SETBACKS ON A 7.8-ACRE UNPLATIED TRACT OF LAND OUT OF SECTION 25, 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 complied 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 Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE: E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2985-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are ended as follows: A change of zoning from T to R-2 Specific Use under provisions of Section 29- 24 of the Code of Ordinances of the City of Lubbock on a 7 .8 acres of unplatted tract of land out of Section 25, Block E-2, City of Lubbock, Lubbock County, Texas, located at South of 106th Street and East of Frankford Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION of a 7.8 acre tract of land located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of the Southwest Quarter of Section 25, · Block E-2, Lubbock County, Texas; THENCE N. 89°42'44'' E., along the North line of the Southwest Quarter of Section 25, Block E-2, Lubbock County, Texas. an approximate distance of 1394.5 feet; THENCE S. 00°17'16" E. an approximate distance of 244.0 feet; THENCE S. 89°42'44" W. an approximate distance of 1395.6 feet to a point in the West line of the Southwest Quarter of Section 25, Block E-2; THENCE N. 00°01'31" W., along the West line of the Southwest Quarter of Section 25, Block E-2, an approximate distance of 244.0 feet to the Point of Beginning. SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT residences shall have a 20-foot front setback 2. THAT corner lots shall have a five (5) foot side setback. Homes with alley access to the garage shall have the fence along the side street with a five (5) foot setback. 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 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 a 7.8-acre unplatted tract of land out of Section 25, 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. Zone Case No. 2985-A page-2 of3 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 8th day of December ATTEST: ~ ,~~ Reh aGarza,City Secretary X- APPROVED AS TO CONTENT: 14 Hen StJtl-- APPROVED AS TO FORM: ~'C c=:X c:%~--L__,,/ Linda L. Chamales, Supervising Attorney Office Practice Section e/ccdocs/ZC2985-A.ord ovember 20, 2003 Zone Case No. 2985-A page-3 of3 , 2003.