HomeMy WebLinkAboutOrdinance - 2004-O0036 - Amending Zone Case No. 3003; 116.8 Acres - 03/23/2004I First Beading
March 23, 2004
Item No. 52
ORDINANCE NO. 2004-o0036
Second Reading
April 6:. 2004
Item No. 12
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCKMAKING.THE.FOLLOWING
CHANGES: ZONE CASE NO. 3003; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR REDUCED SETBACKS ON 116.8 ACRES OF UNPLATTED
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 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:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 3003
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 reduced setbacks under
provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock
on 116.8 acres of unplatted land out of Section 21, Block AK, City of
Lubbock, Lubbock County, Texas, located at West of Juneau Avenue and
South of 98th Street, subject to conditions, and being further described as
follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit" A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the front setback for the lots adjacent to the cui de sacs shall be a
minimum of five feet; and
2. THAT the front setback on regular lots shall be a minimum of twenty feet;
and
3. THAT the side set back on corner lots shall be a minimum of 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 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) 24 of Codified Zoning Ordinance No. 7084 on the property described as 116.8
acres of unplatted 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. 3003
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23ni day of __ Ma_r_c_h:::----' 2004.
Passed by the City Council on second reading this 6th
ATTEST:
~~-4--~~ , RebCcaGarZa: City Secretary
APPROVED AS TO CONTENT:
enior Planner
APPROVED AS TO FORM:
ex~-<:: e-x~~ ....... ~---·___..
Linda L. Charnales
Supervising Attorney Office Practice
as/ cityatt/Linda/ZoneCases/ZC3003
March 4, 2004
Zone Case No. 3003
page-3 of3
Ordinance No. 2004-Q 0036
Exhibit "A'" Zaue Case Net. 3003
HUGO REED AND ASSOCIATES. INC.
1801 Avenue N /l.ubbock, Texat 79401 /8011783-5842/ FAX 8061783-3891
METES AND BOUNDS DESCRIPTION of a 116.8 acre tract of land located in Section 21, Block AK, lubbock ·
County, Texas, being further described as follows: . j'.
BEGINNING at a point which bears South approximately 575.8 feet from the Northwest corner of Section 21,
Block AK, lubbock County, Texas;
THENCE East an approximate distance of 656 feet;
THENCE North an approximate distance of 57 4 feet to a point in the North line of Section 21, Block AKi
THENCE East, along the North line of Section 21, Block AK, an approximate distance of 1355 feet;
THENCE South an approximate distance of 2728 feet to a point in the South line of the Northwest quarter of
Section 21, Block AK;
THENCE N. 89°20'46" W., along the South line of the Northwesrquarter of Section 21, Block AK, an
approximate distance of 2011 feet to a point in the West line of Section 21, Block AK;
THENCE North, along the West line of Section 21, Block AK, an approximate distance of 2132 feet to the Point
of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONtY; DOES NOT REPRESENT AN ACTUAL SURVEY,·
Prepared for: Carl Mortenson
February 11 , 2004
.. , · ... ; ... ; -·