HomeMy WebLinkAboutOrdinance - 2004-O0143 - Amending Zoning Ordinance: Case 3024;Specific Use: Single Family Residences - 12/07/2004First Reading
December 7, 2004
Item No. 28
ORDINANCE NO. 2004-00143
Second Reading
December 16. 2004
Item No. 13
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3024; A ZONING CHANGE FROM T/R-1 TO C-3
AND R-1 SPECIFIC USE FOR SINGLE FAMILY RESIDENCES ON A 17.4 ACRE
TRACT OF LAND OUT OF THE SOUTHWEST CORNER OF SECTION 7,
BLOCK JS, 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. 3024
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from T/R-1 to C-3 and R-1 Specific Use for single family
residences under provisions of Section 29-29 and Section 29-24 of the Code of
Ordinances of the City of Lubbock on a 17 .4 acre tract of land out of the
southwest corner of Section 7, Block JS, City of Lubbock, Lubbock County,
Texas, located north of Erskine Street and east of Milwaukee Avenue,
subject to conditions and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A" and "B''.
SUBJECT TO THE FOLLOWING CONDITIONS:
Residential Area:
1. THAT the three types of housing plans (bay home, zero lot line home, and
town home) may be dispersed throughout the community at the discretion of
the developer.
2. THAT coverage on individual lots located within common areas may be
100%.
3. THAT setback and coverage of non-common area lots shall meet the
development standards for garden homes (zero lot line) or town homes (row
housing) in Section 29-24(c)(2).
4. THAT each lot shall have two off-street paved parking spaces, exclusive of
the garage.
Commercial Area:
1. THAT a site plan, including building elevations showing materials, color
and texture, shall be submitted and approved by the Planning and Zoning
Commission prior to the issuance of a building permit.
2. THAT the proposed access management plan (curb cuts) shall be reviewed
and approved by the Planning Commission prior to issuance of a
construction permit.
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/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) 2 of Codified Zoning Ordinance No. 7084 on the property described
as a 17.4 acre tract of land out of the southwest corner of Section 7, Block JS, 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. 3024
page-2 of3
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 7th day of December , 2004.
ATTEST:
Bo~~ eb cca Garza, City Secretary C-
APPROVED AS TO CONTENT:
~
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC3024
November 4, 2004
Zone Case No. 3024
page-3 of3
Zone Case No. 3024
Exhibit "A"
Ordinance No. 2004--00143
METES and BOUNDS description prepared for Zone Change purposes only on a 8. 7 Acre Tract
out of Section 7, Block JS, Lubbock County, Texas further described as follows:
Beginning at the Southwest corner of Section 7, Block JS, Lubbock County, Texas;
THENCE North, 637 feet;
THENCE East, 592 feet;
THENCE South, 637 feet;
THENCE West, 592 feet to the Place of Beginning and containing 8.7 Acres including any Right-
of-Way. Prepared for zone change purposes only. Does not represent a survey.
METES and BOUNDS description prepared for Zone Change purposes only on a 8.7 Acre Tract
out of Section 7, Block JS, Lubbock County, Texas further described as follows:
Beginning at a point in the Westerly line of Section 7, Block JS, whence the Southwest corner of
Section 7, Block JS bears South 637 feet;
THENCE North 23 feet;
THENCE East, 1145 feet;
THENCE South, 660 feet;
THENCE West, 553 feet;
THENCE North, 637 feet;
THENCE West, 592 feet to the Place of Beginning and containing 8.7 Acres including any Right-
of-Way. Prepared for zone change purposes only. Does not represent a survey.
Zone Case No. 3024
Exhibit "B" Ordinance No. 2004-00143 ! !
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