HomeMy WebLinkAboutOrdinance - 2006-O0073 - Amending Zoning Ordinance No. 7084 - 07/26/2006First Reading
June 26, 2006
Item No. 6.4
ORDINANCE NO. 2006-00073
Second Reading
July 10, 2006
Item No. 5.5
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2984-D; A ZONING CHANGE FROM C-2 TO C-3
ZONING ON A 6.20 ACRE TRACT OF UNSUBDIVIDED LAND OUT OF
SECTION 38, BLOCK AK, 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 29-29 of the Code of Ordinances, City of Lubbock, Texas,
and the notices provided by the Texas Local Government Code §211.007 (V emon, 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 detennined 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. 2984-D
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from C-2 to C-3 zoning district on a 6.20 acre
tract of unsubdivided land out of Section 38, Block AK, City of Lubbock,
Lubbock County, Texas, located west of Milwaukee Avenue from 37th Street
to 43rd Street, 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 the original amount of landscape buffering
along Milwaukee proposed in Zone Case 2984-A.
2. THAT the development will be tied to the site plan indicating the
proposed landscape buffer areas and the proposed driveway access on the
Milwaukee frontage. Prior to the sales of any portion of the tract or a
construction permit on a portion of the tract, the Planning Commission
shall review detailed landscape plan with curb returns as originally
proposed. The materials proposed for the screening fence on the west line
shall be specifically discussed during the site plan review.
SECTION 2. 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 3. 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 4. 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 June
Passed by the City Council on second reading this 10th day of July
, 2006.
, 2006 . .
:::2) ~.vf""----
DA VID A. MILLER, MAYOR
ATTEST:
'Zone Case No. 2984-D
page-2 of 3
APPROVED AS TO CONTENT:
T:1 ~IA
Randy Henson,
APPROVED AS TO FORM:
~~~ L~
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCase/ZC2984-D
June I, 2006
Zone Case No. 2984-D
page-3 of 3
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Exhibit" A"
C-2Zone
Zone Case No. 2984--D
Ordi.unce Bo. 2006-00073
METES AND BOUNDS DESCRIPTION of a 6.20 acre tract of land out of
Sections 37 and 38, Block AK, Lubbock County, Texas, being further described
asfoUows:
Beginning at a point in the ce,nterllne of Milwaukee Avenue, which bears East an
approximate distance of 169.40 feet and S ooo03•29• W an approximate distance
of 1193.00 feet from the Northeast comer of Section 38, Block AK, and the
Northwest oomer of Section 37, Bloc:k AK, Lubbock County, Texas;
-Thence S 00°03'29• W along the centerline of Milwaukee Avenue an
approximate distance of 548.38 feet
Thence West an approximate distance of 491.98 feet;
Thence North an approximate dfstance of 548.38 feet
Thence East an approximate distance of 492.53 feet to the point of beginning.
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