HomeMy WebLinkAboutOrdinance - 2004-O0096 - Amending Zoning Ordinance Making Changes: Case No. 2995-A - 08/26/2004First Reading
August 26. 2004
Item No. 39
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ORDINANCE NO. 2004-oo096
Second Reading
September 16, 2004
ItemNo. 14
I AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
1 THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995-A; A ZONING CHANGE FROM R-2 TO R-2
SPECIFIC USE FOR REDUCED SETBACKS ON 6.0 ACRES OF UNPLATTED
LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK. TEXAS; SUBJECT TO
CONDffiONS; 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
l 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. 2995-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
1 amended as follows:
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A change of zoning from R-2 to R-2 Specific Use for reduced setbacks under
provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock
on 6.0 acres of unplatted land out of Section 29, Block AK, City of Lubbock,
Lubbock County, Texas, located West of lola Avenue and North of 79th
Street, subject to conditions and being further described as follows:
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METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the front setback shall be a minimum of fifteen feet.
2. THAT the side setback on comer lots shall be a minimum of five feet.
3. THAT no curbs cuts or driveways will be allowed in the front yards.
4. THAT access to the units shall be from the back of the lot on a paved
alley.
5. THAT the reduced setbacks shall not interfere with the twenty-five foot
vision triangle at intersecting streets.
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 R-2 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 6.0
acres of unplatted land out of Section 29, 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.
1 SECTION 5. THAT the City Secretary is hereby authorized to cause
'fublication of the descriptive caption of this Ordinance as an alternative method
rovided by law.
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Zone Case No. 2995-A
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on frrst reading this 26th day of ---=A:::lugug=:s::..::t:.___._, 2004.
1 ATTEST:
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'APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
jLinda L. Chamales
Senior Attorney Office Practice
~/cityatt/LindaJZoneCases/ZC2995-A
iAugust 5, 2004 I
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Zone Case No. 2995-A
page-3 of3
Zone Case No. 2995.;A
Exhibit "A" Ordinance No. 2004-o0096
Rezone to R-2 Specific Use for front setback reduced to 15' with 5' side setback
(limited to rear garage - no front curb cuts allowed)
METES AND BOUNDS DESCRIPTION of a 6.0 acre tract of land located in Section 29, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the East line of the Southwest Quarter of Section 29, Block AK, which bears North,
approximately 683 feet from the Southeast comer of the Southwest Quarter of Section 29, Block AK, Lubbock
County, Texas;
THENCE West an approximate distance of 1637 feet;
THENCE North an approximate distance of 160 feet;
THENCE East an approximate distance of 1637 feet to point in the East line of the Southwest Quarter of
Section 29, Block AK;
THENCE South, along the East line of the Southwest Quarter of Section 29, Block AK, an approximate
distance of 160 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
July 14, 2004