HomeMy WebLinkAboutOrdinance - 2004-O0004 - Amending Ordinance Making Changes: Case 2991 Specific Use For Garden Homes - 01/08/2004First Reading
January 8, 2004
Item No. 34
ORDINANCE NO. 2004-o0004
Second Reading
January 22, 2004
Item No. 15
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2991; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR GARDEN HOMES ON 13.04 ACRES OUT OF SECTIONS 19
AND 20; 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
j fifteen (15) days prior to the date of the public hearing before the City Council on such
i proposed amendment, and the public hearing according to said notice, was held in the
1 City Council Chamber of the Municipal Building, Lubbock, Texas, at which time
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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. 2991
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
1: A change of zoning from T 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 13.04 acres of unplatted land out of Sections 19 and 20, Block E-2, City of
Lubbock, Lubbock County, Texas, located north of 108th Street and east of
Elgin Avenue subject to conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT there be a minimum twenty-foot front setback on regular lots.
2. THAT there be a minimum five feet of front setback on cui de sac lots
with the exception of garages, which must have a minimum of twenty
feet of setback.
3. THAT there be a minimum five-foot side setback from side streets on
corner lots.
4. THAT when alleys are paved and access to the garages is from that
alley, 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) (2) of Codified Zoning Ordinance No. 7084 on the property described as 13.04
acres out of Sections 19 and 20, 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.
I, 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
1i publication of the descriptive caption of this Ordinance as an alternative method
' provided by law.
Zone Case No. 2991
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 8th day of __ J_an_ua_ry-=---' 2004.
II 1 ATTEST:
1 Rebecca Garza, City Secretary ~
I
APPROVED AS TO CONTENT:
73. • Hen Stlh-
j Randy Hen n, Senior Planner
APPROVED AS TO FORM:
I ~L ~;::~c:zL ___ -~~--
Linda L. Chamales
Supervising Attorney Office Practice
!'
I as/cityatt/Linda!ZoneCases/ZC2991
December 15, 2003
li I
Zone Case No. 2991
page-3 of3
Ordinance No. 2004-Q0004
Exhibit "A"
ENGINEERING
·SURVEYING
2737 81 ST STREET LUBBOC~ TEXAS 79423
(806) 745-7670
"Collllt on. it"
FJELD NOTES on the proposed Plat limits of lots 37 ~100, Stonebrook South Addition to the City of
Lubbock, a 13.37 Al:l'e Tract out of Sections 19 and 20. Sloek E--2, lubbock County, Texas, further
described by Metes and Bounds es follows:
Begl'ming at ttle Southeast comer of the Plat Limits of Lots 1-36, Stonebrook South as recorded in Volume
8445, Page 72,lubbock County Real Property Records, whence the Northeast comer of the South Half of
Section 20 bears N 0"'04'44" w, 673.42 feet and N 89 55'01" E, 2na.22 feet,
THENCE N 0"'04'44" W, 32.00 feet to a found tod with cap marked RPLS 4460;
THENCE N 45"'04'51" W, 21.21 feet to a found rod with cap marked RPLS 4460;
THENCE N 0°04'44" W, 80.00 feet to a found rod with cap marked RPlS 4460;
THENCE N 44•55'08" E, 14.14 feet to a found rod with cap marked RPLS 4460;
THENCE N o•04•44• W, 20.00 feet to a found rod With cap marked RPLS 4480;
THENCE N 45'"04'51" W, 14.14 feet to a found rod with cap martced RPLS 4460;
THENCE N 0°04'44" W, 407.65 feet to a found rod with cap marked RPLS 4460;
THENCE Northeasterly with a curve to the right through a central angle of 08"54'37', having a tadius of 218
feet, a chord baartng of N 04"22'35'' E, a chord distance of 33.87 feet to a set rod With cap;
THENCE N 89630'48" E, 602.57 feet to a found rod with cap marked RPLS 4460;
THENCE N 89634'33'" E, 348,99 feet to a set rod With cap marked RPLS 4460;
THENCE S ~01 '21'" E, 582.74 feet to a found rod with cap mar1ced RPLS 4460;
THENCE S 89"'55'01'" W. 11.95 feet to a found rod with cap marked RPt.S 4460;
THENCE s o•o1'21" E, 32.00 feet to a found rod with cap marked RPLS 4460;
THENCE S 89"55'01" W, 926.60 feet to the Place of Beginning and containing 13.37 acres of land inciuding
any Right of Way.
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These notes represent a survey made on the ground.
Jon CieSzlnski, RPLS #4460
November 12,2003
Revised December 17, 2003
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