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HomeMy WebLinkAboutOrdinance - 2005-O0089 - Amending Zoning Ordinance Making Change: Zone Case No 2658 Monterey Center - 07/28/2005Fint Reading July 28,2005 Item41 ORDINANCE NO. zoos--OQ089 Second Reading August 8, 2005 Item 13 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-H; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON A PORTION OF LOT 4 OF TRACT A, MONTEREY CENTER 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 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 commitments 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 29-10 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. 2658-H 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-3 to C-4 zoning district on a portion of Lot 4 of Tract A, Monterey Center Addition, City of Lubbock, Lubbock County, Texas, located at 3001 50th Street -50th and Elgin, 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 is limited to office warehouses and all permitted C-3 uses. 2. THAT the development shall be in substantial compliance with the proposed site plan and specifically with the one curb cut proposed. 3. THAT the south wall of the building shall be stucco with no mgress or egress. 4. THAT if any dumpsters are located between the building and Elgin adjacent to the south property line; dumpsters shall be screened on the east, south and west. 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/1 00 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. Zone Case No. 2658-H page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 28th day of_....;J~u~l:,:y ___ , 2004. Passed by the City Council on second reading this 8th ATTEST: ecca Garza, City Secretary nior Planner APPROVED AS TO FORM: Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCases/ZC2658-H July 7, 2005 Zone Case No. 2658-H page-3 of3 Ordinance No. 2005-00089 Zone Case No. 2658-H Exhibit 11A" METES AND BOUNDS DESCRIPTION of a 0.33 acre tr:act of land out of Section 7, Block E-2, Lubbock County, Texas, being further described as follows: Beginning at the Southeast corner of the plat limits of Tracts "D-1" and "D-2", Boardwalk Addition to the City of Lubbock, Lubbock County, Texas as recorded in Volume 8339, Page 263 of the official public records of Lubbock County, Texas, from whence the Northeast comer of the Northwest quarter of Section 7, Block E-2 bears North an approximate distance of 380.00 feet and S 89°58'50" E an approximate distance of 330.00 feet; Thence North, along the East line of said plat limits, an approximate distance of 80.00 feet to a point of intersection; Thence S 89°58'50" E an approximate distance of 178.00 feet to a point of intersection: Thence South an approxjmate distance of 80.00 feet to a point of intersection; Thence N 89°58'50" W an approximate distance of 178.00 feet to the point of beg~ning_. ., - I"