HomeMy WebLinkAboutOrdinance - 2005-O0127 - Amending Zoning Ordinance Making Change: Zone Case No. 1947-F - 10/27/2005I First Reading
October 27111 2005
Item No. 6.1.4
ORDINANCE NO. 2005-I0127
Second Reading
November 7, 2005
Item No. 5.4
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1947-F; A ZONING CHANGE FROM C-3 WITH
CONDITIONS TO IHC ZONING ON 4.4 ACRES OF UNPLATTED LAND OUT
OF BLOCK AK, SECTION 44, 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 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. 1947-F
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 with conditions to IHC zoning
district on 4.4 acres of unplatted land out of Block AK, Section 44, City of
Lubbock, Lubbock County, Texas, located at 5816 34th Street, subject to
conditions and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
I. THAT two curb returns be allowed on 34th Street.
2. THAT curb cuts on the proposed Tract A shall be approved by TxDOT.
THE FOLLOWING USES SHALL NOT BE PERMIITED:
l. Lodges, sorority and fraternity houses.
2. Coin operated machines as an incidental use (5 or fewer machines).
3. Plumbing service, as defined in section 2.92 [29-3(92)].
4. Refrigeration service, as defined in section 2.95 [29-3(95)].
5. Agriculture implement and tractor sales and service (totally within a building).
6. Ambulance service.
7. Automobile body shops, outside storage limited to customer vehicles only.
8. Automobile brake shop.
9. Automobile glass shop.
10. Automobile seat cover and upholstery shop.
11. Automobile transmission shop.
12. Automobile and recreational vehicles sales and service (may include body and
paint shop, as accessory use).
13. Boat and boat trailer sales and service.
14. Bus station.
15. Candy plant.
16. Canvas goods shop, tents and awnings (no manufacturing).
17. Dance hall (no mixed alcoholic beverage sales permitted).
18. Feed store with no grinding, packaging, or mixing of feed permitted.
19. Game room, pool, billiard and/or domino parlor.
20. Garage, public, repair. (Outside storage of customer automobiles authorized).
All work and separate parts shall be inside a building.
21. Lumber yard, with no mill. All materials must be in a building.
22. Nightclub, bar or lounge.
23. Road machinery sales and service (totally within a building).
24. Secondhand or used car sales lot, not including wrecking and repairing, but
including minor tuning.
25. Trailer and truck sales and service.
26. Wholesale house, sales office and storage -no cotton storage.
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.
Zone Case No. 1947-F
page-2of3
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 Co1.mcil on first reading this 27thday of_~~~---' 2005.
Passed by the City Council on second reading this 7th da:x --=.::...::..==;!:=---~' 2005.
ATTEST:
1:ZED 7:::::
Randy H~n, Senior Planner
APPROVED AS TO FORM:
~-;c~~~
Linda L. Chamales
Senior Attorney Office Practice
aslcityatt/Linda!ZoneCase/ZC 194 7 -F
October 6, 2005
Zone Case No. 1947-F
page· 3 of3
Ordinance No. 2005-oot27 Zone Case No. 1947·r
Exhibit "A"
HUGO REED AND ASSOCIATES. INC.
LAND SURVEYORS
CIVIL ENGINEERS
1601 Avenue N I Lubbock. TeliU 794011806/783-5842/ FAX 11061763-3891
4.4 acres.....: /tiC.
METES AND BOUNDS DESCRIPTION for a 4.4 acre tract of land located in Section 44, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at the Southwest comer of Lot 9, Summer Place Addition to the City of Lubbock, Lubbock CoCinty,
Texas, in the North right-of-way line of 341h Street which bears N. 00°02'14" W. an approximate distance of 60.0
feet and N. 89°58'01Y W. an approximate distance of 460.0 feet from the Southeast comer of Section 44, Block
AK, Lubbock County, Texas;
THENCE N. 89°58'00" W ., along the North right-of-way line of 341h Street, an approximate distance of 348.9 feet
to a point of intersection in the East right-of-way line of Loop 289;
THENCE Northwesterly, along a curve to the right, along the East right-of-way line of Loop 289, said curve
having an approximate radius of 2~ 5.0 feet, an approximate chord distance of 271 .3 feet, and a chord bearing of
N. 50°54'50" W. to a point of intersection;
THENCE N. 11 °45'45" W., continuing along the East right-of-way line of Loop 289, an approximate distance of
181.9 feet to the most Westerly Southwest corner of Lot 7, Summer Place Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE S. 89°58'15• E., along the Southern limits of said Lot 7. Summer Place Addition, an approximate
distance of 596.3 feet to an interior comer of said Lot 7, Summer Place Addition;
THENCE S. 00°02'14" E., continuing along the Southern limits of said Lot 7, Summer Place Addition, at
approximately 1 06.0 feet pass the most Southerly Southwest corner of said Lot 7, Summer Place Addition, and
the Northwest comer of said Lot 9, Summer Place Addition, continuing along the West line of said Lot 9,
Summer Place Addition, for an approximate total distance of 349.0 feet to the Point of Beginning.
FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Ana Xiong
September ~4. 2005