HomeMy WebLinkAboutOrdinance - 2006-O0009 - Amending Zoning Ordinance. Zone Case 3055 Specific Use Retail Center - 02/09/2006First Reading
Juuary 26, 2006
Item No. 6.1
ORDINANCE NO. 2006-oooog
Second Reading
February 9, 2006
Item No. 6.3
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3055; A ZONING CHANGE FROM R-2 AND R-3
TO C-2 SPECIFIC USE FOR A RETAIL CENTER ON LOTS 1-10, BLOCK 112,
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, the 1986 Comprehensive Land Use Plan as amended is a guide to
help the Lubbock Planning and Zoning Commission and City Council determine the
physical development of the community; however, planning is a continuous process and
change is inevitable; and
WHEREAS, the Lubbock Planning and Zoning Commission and City Council
recognize that the zone change is a minor deviation from the 1986 Comprehensive Land
Use Plan as amended, which protects public and private connnitments that have been
previously based on the Plan; 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. 3055
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-2 and R-3 to C-2 Specific Use for a retail center
under provisions of Section 29-24 of the Code of Ordinances of the City of
Lubbock on Lots 1-10, Block 112, City of Lubbock, Lubbock County, Texas,
located at 7th Street and A venue R, subject to conditions and being further
described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "'A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zoning be tied to site plan #3055 inclusive of the following
conditions:
2. THAT minimum building setback shall be 5 feet along Glenna Goodacre
Blvd., Avenue Rand AvenueS;
3. THAT no curb cuts will be allowed on Glenna Goodacre Blvd.;
4. THAT a minimum 6 foot screening wall shall be installed inside the
property line on A venue R from south side of drive entrance south to
Glenna Goodacre, respecting the vision triangle at GGB, all along
Glenna Goodacre Blvd., and inside the property line on AvenueS from
Glenna Goodacre Blvd. to the south side of the drive entrance. Wall
shall be constructed of masonry and/or stucco similar to building
facades. No wood fences shall be permitted. If CMU is utilized, the
exterior side shall be split face or as approved by P and Z. Again, no
improvements more than two feet tall may encroach on the standard
visibility triangles.
5. THAT building elevations and screening wall elevations and location
shall be approved by P and Z prior to obtaining a building permit. In
lieu, building elevations and screen fences may be approved by City
Council as part of this zone case should they be prepared by that hearing
date.
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 and R-3 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)(24) of Codified Zoning Ordinance No. 7084 on the property
described as Lots 1-10, Block 112, City of Lubbock, Lubbock County, Texas.
Zone Case No. 3055
page-2 of4
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 unconstirutional 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 26th day of .Iam•ary '2006.
Passed by the City Council on second reading this 9t:h day of February·· , 2006.
TOM MARTIN, MAYOR PRO TEM
ATTEST:
Zone Case No. 3055
page-3 of4
APPROVED AS TO CONTENT:
, Senior Planner
APPROVED AS TO FORM:
~ ~~ ~0:::..----~-.d--
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC3055
January 10, 2006
Zone Case No. 3055
page-4of4
Ordinance Ro. 2006-o0009 Zone Case No. 3055
Exhibit "A"
Zone Case 3055
METES AND BOUNDS DESCRIPTION for a tract of land located in Section 2. Block 0, Lubbock County,
Texas, being further described as follows:
BEGINNING at a point in the centerline of ih Street and the centerline of Avenue "S'., which bears East
approximately 3878' and South approximately 1160 feet from the Northwest comer of Section 2, Block 0,
Lubbock County, Texas;
THENCE East, along the centerline of 7th Street, an approximate distance of 365 feet to a point in the
centerline of Avenue "R";
THENCE South, along the centerline of Avenue ~R", an approximate distance of 335 feet to a point in the
centerline of Glenna Goodacre Boulevard;
THENCE West, along the centerline of Glenna Goodacre Boulevard, an approximate distance of 365 feet to a
point in the center line of Avenue "S";
THENCE North, along the centerline of Avenue "S", an approximate distance of 335 feet to the Point of
Beginning.
CONTAINS: approximately 2.8 acres of land.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Oversize Map in File
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