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HomeMy WebLinkAboutOrdinance - 2001-O0065 - Amending Zoning Ordinance 7084 Zone Case 1846-B From A-2 To AM Specific Use - 08/30/2001First Reading August 30, 2001 Item No. 50 Second Reading September 13, 2001 Item No. 23 ORDINANCE NO. 2001-00065 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1846-B; A ZONING CHANGE FROM A-2 TO AM SPECIFIC USE ZONING ON AN UNPLATTED 6.664 ACRE TRACT OUT OF SECTION 17, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A SA VINOS 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 compiled 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 (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 Ordinances 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. 1846-B 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 A-2 to AM Specific Use zoning district on an unplatted 6.664 acre tract out of Section 17, Block A, City of Lubbock, Lubbock County, Texas, located at 2715 N. Loop 289. Subject to the following conditions and being further described as follows: BEGINNING at a ½" iron rod found for the northeast corner of this tract in the south right of way line of Loop 289 at the northwest corner of tract "A" Youth Center addition to the City of Lubbock, Lubbock County, Texas from whence the northeast corner of said Section 17 is called to bear north a distance of 218.99 feet and east a distance of 1371.65 feet; THENCE S 0°15'23" W. along the west line of said tract "A", a distance of 304.40 feet to a ¾" iron pipe found at the northeast corner of that 4.0 acre · tract described in Volume 1870 Page 65 of said records for a corner of this tract; THENCE S 89°41'43" W. along the north line of said 4.0 acre tract, a distance of 375. 70 feet to a ½" iron pipe found at the northwest corner of said 4.0 acre tract for an ell corner of this tract; THENCE S 0°03'49" E. along the west line of said 4.0 acre tract, a distance of 338.88 feet to a ½" iron rod found at the southwest corner of said 4.0 acre tract for a corner of this tract; THENCE Northwesterly, along a curve to the left having a radius of 672.07 feet and a chord bearing of N 66°12'40" W. a chord distance of 26.42 feet to a ½" iron rod found for a corner of this tract; THENCE N. 57°23'54" W a distance of 420.28 feet to a 3/8" iron rod found for the southwest corner of this tract; THENCE N 0°03'43" W a distance of 333.49 feet to a 3/8" iron rod found in the south right of way line of said Loop 289 for the northwest corner of this tract; THENCE N 79°55'16" E. along said right of way line, a distance of 695.40 feet to a ½" iron rod found at the beginning of a curve to the right having a radius of 5579.58 feet; THENCE northeasterly, along said right of way line and said curve to the right having a chord bearing of N 80°10'05" E. a chord distance of 105.05 feet to the place of Beginning. SUBJECT TO THE FOLLOWING CONDITIONS: 1. When a construction permit is requested, the site plan shall identify a parking lot designed to meet the AM parking ratio of 1/150 for the entire building. 2. The Planning staff and proponent shall agree on an actual number of spaces to be paved with initial construction. 3. Should a change of occupancy occur necessitating the need for an increased number of parking spaces or should the EIS Department verify a Zone Case No. 1846-B page-2 of 4 shortage of parking, the Building Official shall require additional spaces shortage, up to the ratio of 1/150. 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 A-2 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)(24) of Codified Zoning Ordinance No. 7084 on the property described as an unplatted 6.664 acre tract out of Section 17, Block A, 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 Noll 00 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 30th day of August , 2001. ATTEST: ~ ~~ Rebecca Garza, City Secretary 0 Zone Case No. 1846-B page-3 of 4 APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice LLC:cp/ZC184G-B.ORD ccdoc:s/08/22/01 Zone Case No. 1846-B page-4 o/4