HomeMy WebLinkAboutOrdinance - 2005-O0090 - Amending Zoning Ordinance To Make Change: Zone Case No. 2984-B - 07/28/2005First Reading
July 28, 2005
Item42
ORDINANCE NO. 2005-00090
Second Reading
August 8, 2005
Item 14
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2984-B; A ZONING CHANGE FROM A-2/C-2A TO
C-2 AND C-3 ZONING ON 18.4 ACRES OF UNPLATTED LAND OUT OF
SECTIONS 37 AND 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, the 1986 Comprehensive Land Use Plan as amended is a guide to
help the Lubbock Planning and Zoning Commission and City Council detennine 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 Govenunent Code §21 1.007 (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. 2984-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/C-2A to C-2 and C-3 zoning
district on 18.4 acres of unplatted land out of Sections 37 and 38, Block AK.
City of Lubbock, Lubbock County, Texas, located South of 34th Street and west
of Milwaukee Avenue, subject to conditions and being further described as
follows;
METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A" and "B".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the entire tract is subject to approval of a curb cut master
plan prior to the recording of any individual tract.
2. THAT an access easement on the tract will ensure that retail
establishments not adjacent to a curb cut will have access to
Milwaukee.
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. 2984-B
page-2 of3
AND IT IS SO ORDERED.
2005.
Passed by the City Council on first reading this 28th day of_~J~u~lyL._ ___ ,~.
Passed by the City Council on second reading this ..::::8..:::th~n-
AITEST:
APPROVED AS TO FORM:
~~~~
Linda L. Charnales
Senior Attorney Office Practice
aslcityatt/Linda/ZoneCases/ZC2984-B
July 7, 2005
Zone Case No. 2984-B
page-3 of3
Ordinance No. 2005-00090 Zone Case No. 2984-B
Exhibit "A"
c .. 3Zone
METES AND BOUNDS DESCRIPTION of a 13.82 acre tract of land out of
Sections 37 and 38, Block AK, Lubbock County. Texas, being further described
as follows:
Beginning at a point in the centerline of Milwaukee Avenue, which bears East an
approximate distance of 169.40 feet and s 00°03'29" wan approximate distance
of 17 41.36 feet from the Northeast corner of Section 38, Block AK, and the
Northwest comer of Section 37, Block AK, Lubbock County, Texas:
Thence S 00°03'29" W along the centerline of Milwaukee Avenue an
approximate distance of 1304.54 feet;
Thence N 72°05'37" W an approximate distance of 515.57 feet;
Thence North an approximate distance of 1145.52 feet;
Thence East an approximate distance of 491.98 feet to the point of beginning.
Ordinance No. 2005-00090 Zone Case No. 2984-B
Exhibit "B"
C-2Zone
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
as follows:
Beginning at a point in the centerline of Milwaukee Avenue, which bears East an
approximate distance of 169.40 feet and s 00°03'29" w an approximate distance
of 1193.00 feet from the Northeast corner of Section 38, Block AK, and the
Northwest comer of Section 37, Block AK, Lubbock County, Texas;
Thence S 00°03'29, W along the centerline of Milwaukee Avenue an
approximate distance of 548.36 feet;
Thence West an approximate distance of 491 .98 feet;
Thence North an approximate distance of 548.36 feet:
Thence East an approximate distance of 492.53 feet to the point of beginning.