HomeMy WebLinkAboutOrdinance - 2005-O0033 - Amending Zoning Ordinance Making Change: Zone Case No. 1054-D - 03/04/2005irst Reading
rch 4, 2005
Item No. 1
ORDINANCE NO. 2005-o0033
Second Reading
March 7, 2005
Item No. 1
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1054-D; A ZONING CHANGE FROM R-1
SPECIFIC USE TO C-3 AND C-3 SPECIFIC USE FOR A HOME PRODUCTS
CENTER ON PROPOSED LOTS 3A AND 3B, CAPROCK ADDITION,
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
not 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. 1054-D
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1 Specific Use to C-3 and C-3 Specific Use for a
home products center under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock on proposed Lots 3A and 3B, Caprock
Addition, City of Lubbock, Lubbock County, Texas, located southeast corner
of 50th Street and Boston A venue, being further described as follows and
subject to conditions.
METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A., and "B ...
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the Lot 3A parcel shall be zoned C-3 (where the pharmacy is
located).
2. THAT the Home Depot, Lot 3B, will be zoned C-3 Specific Use tied to
the proposed site plans from the ZC 1054-D filed with regard to:
• Building location;
• Parking;
• Landscape Plan;
• Screening fence location on the west, south and east including the
proposed construction materials;
• Construction materials for the building and garden center (steel
picket fence);
• Outdoor storage area along the front of the store;
• No outdoor storage or display will be allowed in the front parking
lot outside the ability to have an annual "outside sale and
promotion event";
• The screening fence shall be constructed as soon as practical and
prior to construction of the new store.
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-1 Specific Use 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 proposed Lot 3B~ Caprock Addition, 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
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.
Zone Case No. 1054-D
page-2 of3
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 4th day of March
Passed by the City Council on second reading this 7th da of March
ATTEST:
Q~-M<-"' ~ ~r RclJ~cca Garza, City Secretary '
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
·~~e~ I Linda L. Chamales
Senior Attorney Office Practice
as/cityattJLinda/ZoneCases/ZC l 054-D
March 4, 2005
Zone Case No. 1 054-D
page-3 of3
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INTEROFFICE MEMORANDUM
TO: REBECCA GARZA, CI1Y SECRETARY
FROM: LINDA CHAMALES, SENIOR ATTORNEY, OFFICE PRACTICE
SUBJECT: ORDINANCE 2005-00033
DATE: 9/20/2005
CC: RANDY HENSON, CITY PLANNER
BACKGROUND OF ORDINANCE
Ordinance 2005-00033 was based on Zone Case No. 1 054-D recommended to the City
Council by the Planning and Zoning Commission for passage on the March 4, 2005 agenda.
It has come to my attention that there was a scrivener's (clerical) ettor in the second
condition on Page 2 of 3. The condition should read that Lot 3B will be zoned C-3 rather
than C-4. The error was discovered by the proponent, pointed out to the city, and needs to
be cottected.
LEGAL ANALYSIS
As incident to its powers of a governmental nature, the city has the power and the duty
to exercise these powers and rights to make its official records truly speak the action of a city
board. State ex.rei.Brauer v. Ci!J of Del Rio, 92 SW2d 287, 289. Mistake in an instrument which
is drawn with the intention of carrying into execution an agreement which was previously
made, but which, by mistake or inadvertency of the draftsman, does not fulfill the intention
of the parties may be corrected by reforming the instrument. Id.
CONCLUSION
Because cottecting the typographical euor in Ordinance 2005-00033 more clearly
reflects the intent of the Council and the recommendation of the P & Z, and because the
city has the duty to have its records reflect the action of the Council by reforming the
instrument to conform to these intentions, I have attached a corrected page 2 of 3 to replace
page 2 of the ordinance as signed and be inserted in the original ordinance.
Thank you for your assistance in this matter. If you have questions, please contact me at
775-2215.
METES AND BOU S DESCRIPTION: Attached as Exhibits "A" and "B".
SUBJECT TO THE F LLOWING CONDITIONS:
1. THAT the Lot A parcel shall be zoned C·3 (where the pharmacy is
located).
2. THAT the Home Depot, Lot 3B, will be zoned C-4 Specific Use tied to
the proposed site tans from the ZC 1054-D filed with regard to:
• Building lo
• Parking;
• Landscape
• Screening fe ce location on the west, south and east including the
proposed co truction materials;
• Construction materials for the building and garden center (steel
picket fence);
• Outdoor stora e area along the front of the store;
• No outdoor st rage or display will be allowed in the front parking
lot outside e ability to have an annual "outside sale and
promotion eve t";
• The screening fence shall be constructed as soon as practical and
prior to cons ction of the new store.
SECTION 2. THAT the g ting of this specific use zoning is hereby made
subject to compliance with all provi ions of Zoning Ordinance No. 7084, as amended,
including particularly, but not r 'ted to, Section 29-24 of the Codified Zoning
Ordinance, which provides that a uilding Permit shall be applied for and secured
within thiny (30) months of the ef£ ctive date of the zone change or all undeveloped
property shall automatically revert b ck to the previous zoning classification, which in
this case is the R-l Specific Use zone district; and if such reversion occurs, the
Director of Planning is directed to r move from the Zoning Map the legend indicating
such specific use. The Specific Us 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 proposed ts 3A and 3B, Caprock Addition, City of
Lubbock, Lubbock County, Texas.
SECTION 3. THAT viola ·on of any provision of this Ordinance shall be
deemed a misdemeanor punishable y fine not to exceed Two Thousand and No/100
Dollars ($2,000.00) as provided in ection 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 uncons itutional or invalid for any reason, the remainder
of this Ordinance shall not be affected thereby.
Zon Case No. 1 054-D
page-2 of3