HomeMy WebLinkAboutOrdinance - 2012-O0015 - Appeal Of AMD Engineering For Zoning Change From GO To AM Specific Use - 02/09/2012First Reading
February 9, 2012
Item No. 6.2
ORDINANCE NO. 2012-00015
Second Reading
February 23, 2012
Item No. 5.12
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2968-A; A ZONING CHANGE FROM GO TO AM
SPECIFIC USE FOR A BANK ON 1.46 ACRES OF UNPLATTED LAND OUT OF
(BLOCK E-2, SECTION 17, LUBBOCK, TEXAS; PROVIDING A PENALTY;
(SUBJECT TO CONDITIONS; 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 the
Commission denied, and the applicant appealed said denial pursuant to Section 40.01.005
of the Code of Ordinances to 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;
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 40.01.005 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.2968-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from GO to AM Specific Use for a bank on
1.46 acres of unplatted land out of Block E-2, Section 17, City of Lubbock,
Lubbock County, Texas, located at south of 981h Street, west of Miami Avenue,
subject to conditions and being further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the change be tied to the site plan dated January 11, 2012,
including an 8' masonry screening fence along the south property and
extending 55' east of the property along the alley.
2. THAT the screening fence materials shall match the construction of
the main building.
3. THAT the photometric study/plan shall be restricted to near zero
candles at the south property line.
SECTION 2. THAT the granting of this specific use zoning is hereby made
bject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
;.luding particularly, but not limited to, Section 40.03.3102 of the Codified Zoning
•dinance, which provides that a Building Permit shall be applied for and secured within
irty (30) months of the effective date of the zone change or all undeveloped property
all automatically revert back to the previous zoning classification, which in this case is
GO zone district; and if such reversion occurs, the Director of Planning is directed to
move from the Zoning Map the legend indicating such specific use. The Specific Use
.thorized by this Ordinance is permitted under provision of Section 40.03.3103(u)(4) of
)dified Zoning Ordinance No. 7084 on the property described as south of 98th Street,
est of Miami Avenue, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars
52,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of
ubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of
is Ordinance be declared unconstitutional or invalid for any reason, the remainder of
is Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
sed by the City Council on first reading on February 9, 2012
sed by the City Council on second reading on February 23, 2012
TOM MARTIN, MAYOR
Zone Case No.2968-A Revised
page - 2 of 3
TTEST:
Rebec Garza, City Secretary
APPROVED AS TO CONTENT:
Randy Henson, Doctor of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/ZC2968-A Revised
February 14, 2012
Zone Case No.2968-A Revised
page -3of3
Ordinance No. 2012—ROO15
4rj��* AMD ENGINEERING, LLC
Rezone to "AM with Specific Use for a Bank"
METES AND BOUNDS DESCRIPTION of a 1.46 acre tract of land located in Section 17, Block
E-2, Lubbock County, Texas; prepared for Zone Change Purposes only and being further
described as follows:
COMMENCING at the Northeast corner of the above said Section 17 in the intersection of 98TH
Street and Memphis Avenue;
THENCE S 89059'05" W along the North line of the above said Section 17 an approximate
distance of 677.57 feet;
THENCE S 00000'55"E leaving the above said North line of Section 17 an approximate distance
of 55.00 feet to the TRUE POINT OF BEGINNING being on the South right-of-way line of 98t1i
street;
THENCE S 00000'55" E leaving the above said South right-of-way line of 98t" Street an
approximate distance of 151.00 feet;
THENCE S 54059'05" W an approximate distance of 242.08 feet;
THENCE N 80000'55" W an approximate distance of 14.14 feet;
THENCE N 35000'55" W an approximate distance of 115.94 feet;
THENCE N 00000'55" W an approximate distance of 188.86 feet to a point on the above said
South right-of-way line of 98t1i Street;
THENCE Northeasterly, along the above said South right-of-way line of 98t1i Street with a curve
to the right, having a radius of 899.93 feet, a central angle of 5°05'50", a chord distance of 80.03
feet, a chord bearing of N 87'26' 10" E and an are length of 80.06 feet;
THENCE N 89059'05" E continuing along the above said South right-of-way line of 98'h Street
an approximate distance of 198.77 feet to the Point of Beginning and containing approximately
1.46 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Texas Tech Federal Credit Union
November 8, 2011
P:12011111079-S17BE2-TEXAS TECH FEDERAL CREDIT UNION111079-ZONE CHANGE 1.46 acre tract.doc