HomeMy WebLinkAboutOrdinance - 2004-O0122 - Amending Zoning Ordinance Making Changes: Case No. 3020 - 10/28/2004First Reading
October 28, 2004
Item No. 41
ORDINANCE NO. 2004-00122
Second Reading
November 4, 2004
Item No. 9
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3020; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE FOR RESIDENTIAL ESTATES ON 9.30 ACRES OF UNPLATTED
LAND IN THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
BLOCK A, SECTION 11, LUBBOCK, TEXAS; 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 A valanche-Joumal 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. 3020
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 residential estates under
provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on
9.30 acres of unplatted land in the northwest corner of the northeast quarter
of Block A, Section 11, City of Lubbock, Lubbock County, Texas, located East
of North University on Kent Street, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
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-1 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) 3 of
Codified Zoning Ordinance No. 7084 on the property described as 9.30 acres of
unplatted land in the northwest corner of the northeast quarter of Block A, Section
11, 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. 3020
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 28th day of _ _.:,.Oc=t:....;:o=be=r;;;__-'' 2004.
Passed by the City Council on second reading this 4th day of November
ATTEST:
£~~ RclrecaGarza,City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
__ . ~_/ -----·····'-/ ./'/ -----. . / c__ ...___.,-c ::,,,,,,5 ~-,re, =-e:: ... e:.,,,__.,,
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC3020
October 5, 2004
Zone Case No. 3020
page-3 of3
, 2004.
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Exhibit "A" .
Zone Case No. 3020
~-~E! ··--···-·-·------~ ... --------·-···
9.30ACRES
N. M' W. ID ... C.,,-4'1,¥) 4'0/W -~'=:~-~-
..
Ordinance No. 2004-00122
Pl.AT&nu'll'UIIJ PEllMETSI.SllRVEYOF A 9.30 ACRE ntACTOF LAND
LOCATED DI 11iE NOllmEAST QUARTER OF
SECTION 11,BLOCKA
LIJBBCXS. COUNTY, TEXAS
Ml!'l'ESAND BOllNDS Dl!SC1UPTION of19.30 ae nct of land loel
Ill lllc Nottbcut Qa.-111' afSecdm 11, Blodt A. T.TJUL Co. Survey,
· Luhbodi: Couaay, T-,beiug lbol-proper'Jdacribed indeed......,.
ill Volume I~ Pip ,0. Deed ltccmll ofI.ubbodt Coualy, Tau, said
--bemalllrtha-dacribcdatono-
Bepmlna11tarallmadtplblbmld11ttlle N~comerof'lbcNormc,
Qu.-ofalclScclirall,--.111c~-orsaldinc:t
daaibed ID Volume 18', P•p 50;
THENCE. S. 19"49'55" E. oiaag d,o Ncrth li:aeof said Normeut Qud!r•
die Nardi IIIUlofllid nctclmcribcd ID Volume 16341, Pqe .10, I dlstlDce
462.12 &:ctto a II.I" 1nm 111d lbrmd 1& dlc Norlllalt C0111111'of Mid 1ract
dea;t,edill. Volume 18', P•p!llad 11,o~-ofa 9.32 aci
tnctdacribed III Volume <11124, Pip 249,ltal Pn,paty RSU1II oft.ubb
Caumy,TIIUI;
THEHC1! S. 00"11'33" w. -s lb&Eatlisof lllid lract dacn"bed in
Voi-l~l'ltlit50mllb&Watlilleoflllid9.321C'etrac!,at30.00fl
11111 bl South ripM)f'-way line of Keal SIIIICI • described ID Volume I 6' Pap 50, comiuuins tor a IOCII 6-ot878.00 ftlotto a 318" mm mcl fol
11ttbeSoullrwelt-ofaald 9.32acre1nl:lllldb!Soulheat-oft
-dacdbed In Volume l~hp,D;
~i·I 1111!NCEN. 89"~~ llqdlc:Soudlllneofaidnctdelcribed In ,. vome 11Sl6,P•pS0.1tG.S.$6r.tp1111 a 112" um n,c1 wi1II cap• m
t rdl!rmm, CIJldm1liq tor a i.l dlmnee of 460.56 filcttD a 112" inlll nid"
,,-CIP • Ill lhe Bat llneof a 37.41 acie nctotllnd clelcr!bed In Volume 441
1'1,-141, Rell Property Recarda ofI..ullbodt Comrty, Tew, b-tlut
Soudlwat-aflllid tnleldemlbcdm Voillme Ui36, Pip 50;
THl!NCl! N. OO"OS'OO" IL oiaagtlleSat 1i11e of said 37.42 -nct llld ~
Wat lhleof'aald-described In Volume 1636, P•p 50, at 818Jl0ftetp
said rigllt-of.way line, ccminwns liu 10C11 dislallce of878.00 feet to the
PumtofBeglnaiq.
c-lm!).30-