HomeMy WebLinkAboutOrdinance - 2003-O0118 - Amending Zoning Ordinance 7084. Zone Case 2871-A - 10/23/2003First Reading
October 23., 2003
Item No. 44
ORDINANCE NO. 2003-00118
Second Reading
November 6, 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. 2871-A; A ZONING CHANGE FROM R-1
SPECIFIC USE TO R-1 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 29-24 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:
I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2871-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1 Specific Use 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 at Homestead A venue between
92nd Street and 94th Street, subject to conditions, and being described as
follows:
METES AND BOUNDS DESCRIPTION of a 4.1 acre tract of land located in
Section 28, Block AK, Lubbock County, Texas, to be zoned for garden homes, being
further described as follows:
BEGINNING at a point which bears North approximately 1770.8 feet and West
approximately 1427.9 feet from the Southeast corner of Section 28, Block AK,
Lubbock County, Texas;
THENCE South an approximate distance of 636.5 feet;
THENCE N. 72°10'W. an approximate distance of 317.1 feet;
THENCE North an approximate distance of 539.9 feet;
THENCE East an approximate distance of 302.0 feet to the POINT OF
BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the front setback for the lots adjacent to the cul de sac shall be a
minimum of five feet and the garage portion of the structure shall be
setback twenty feet.
2. THAT the side setback on the two lots adjacent to 92nd Street shall be a
minimum of five feet.
3. THAT the side setback for any fence adjacent to 92nd Street 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
I 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
1
1
, this case is the R-1 Specific Use for garden homes 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 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
Zone Case No. 2871-A
page -2 of 3
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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23rd day of October , 2003.
Passed by the City Council on second reading this 6th day of November , 2003.
ATTEST:
£~ .h•-,.;-
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
, Senior Planner
I APPROVED AS TO FORM:
I
11
c:;y-2_ ~ C?~~
Linda L. Chamales
Supervising Attorney Office Practice
ke/ ccdocs/ZC2871-A
October 13, 2003
Zone Case No. 2871-A
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