HomeMy WebLinkAboutOrdinance - 2004-O0052 - Amending Zoning Ordinance Making Changes: Case 3006; Spec. Use Garden Homes - 04/22/2004First Reading
April 22. 2004
Item lfo. 47
ORDINANCE NO. 2004-o0052
Second Reading
Kay 6, 2004
Item No. 18
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3006; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE FOR GARDEN HOMES ON 13.7 ACRES OF TRACT C,
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
.I 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. 3006
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1 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 13.7 acres of Tract C, City of Lubbock, Lubbock County, Texas, located at
west of N. Boston Avenue from Kent Street to Regis Street, subject to the
following condition and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A ...
SUBJECT TO THE FOLLOWING CONDITION:
1. THAT zoning be tied to the design of the subdivision and private drive
submitted with the zone case.
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
1 within thirty (30) months of the effective date of the zone change or all undeveloped I property shall automatically revert back to the previous zoning classification, which in
this case is the R-1 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 13.7 acres of Tract C, 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. 3006
page-2 of3
II I'
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this 22nd day of_.......:A=p=r=i=l ___ , 2004.
Passed by the City Council on second reading this 6th day
ATTEST:
~LR.~~ Re cca Garza, City Secretary
APPROVED AS TO FORM:
c:::--Yc~~a-L~
Linda L. Chamales
Supervising Attorney Office Practice
as/cityatt/Linda!ZoneCases/ZC3006
April I , 2004
Zone Case No. 3006
page-3 of3
AL, MAYOR
Exhibit "A"
Zone Case No. 3006
Ordinance No. 2004-D0052
METES AND BOUNDS DESCRIPTION of a 9.7 acre tract being a portion of Tract C, Crest Hill, an addition to the
City of Lubbock, Lubbock County, Texas, being further descnbed as follows:
BEGINNING at a point in the South line of Tract C, Crest Hill, an addition to the City of Lubbock, lubbock County,
Texas which bears West, an approximate distance of 890 feet from the Southeast corner of Tract C, Crest Hill;
THENCE West, along the South line of said Tract C,. an approximate distance of 1860 feet;
THENCE North an approximate distance of 210 feet;
THENCE East an approximate distance of 1600 feet;
THENCE North an approximate distance of 120 feet;
THENCE East an approximate distance of 260 feet;
THENCE South an approximate distance of 330 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Burl Masters
March 8, 2004
Exhibit "A"
Zone Case No. 3006
Ordinance No. 2004-00052
METES AND BOUNDS DESCRIPTION of a 4.0 acre tract being a portion of Tract C, Crest Hilt, an addition to the
City of Lubbock, Lubbock County, Texas, being further described as follows:
BEGINNING at the Southeast corner of Tract C, CrestHill, an addition to the City of Lubbock, Lubbock County,
Texas;
THENCE West, along the South line of said Tract C, an approximate distance of 150 feet;
THENCE North an approximate distance of 1150 feet;
THENCE East an approximate distance of 150 feet to a point in the East line of said Tract C, Crest Hill;
THENCE South, along the East line of said Tract C, an approximate distance of 1150 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Burl Masters
March 8, 2004