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HomeMy WebLinkAboutOrdinance - 2006-O0074 - Amending Zoning Ordinance To Make Change: Zone Case NO. 3062 - 06/26/2006First Reading June 26. 2006 Item Ro. 6.5 ORDINANCE NO. 2006-00074 Second Reading July 10, 2006 Item. No. 5.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK.ING THE FOLLOWING CHANGES: ZONE CASE NO. 3062; A ZONING CHANGE FROM T TO C-2 ZONING ON A 21.2 ACRE TRACT OF UNSUBDIVIDED LAND OUT OF SECTION 21, 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, 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 (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 detennined 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. 3062 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 T to C-2 zoning district on a 21.2 acre tract of unsubdivided land out of Section 21, Block AK, City of Lubbock, Lubbock County. Texas, located east of Milwaukee Avenue from 106th Street to 114th 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 one curb cut will be permitted on Milwaukee for each of the four parcels. Otherwise, all parcels will be served from curb cuts on the east/west streets as they are platted. 2. THAT prior to sale of parcels between dedicated streets, the developer shall devise a public access easement for those parcels that may eventually not have access to a public east/west street or the curb cut noted in condition one. 3. THAT a site plan review for the materials proposed for the screening fence shall be reviewed by the Planning Commission prior to the first construction permit. 4. THAT the developer shall have a "back-up" plan for alternate uses should the commercial not become viable. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor pwrishable 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. 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 Council on first reading this 26th day of ___ J_un_e ___ , 2006. Passed by the City Council on second reading this 10th day of __ J_u.1---=-y __ _ ATTEST: ~-L--H -~E= ~ ecca Garza, City Secretary Zone Case No. 3062 page-2 of 3 APPROVED AS TO CONTENT: APPROVED AS TO FORM: c:Y.-:L e-Y-c:::7~-4-- 'Zone Case No. 3062 page -3 of 3 Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCase/ZC3062 June I, 2006 Exhibit "An Zone Case No. 3062 Ordinance Ho. 2006-R.0074 -----·----, ............. ,.-------------------- ,, .. u ••-·····-· ................... ,,., .............. . Hr•••-•••••••••• .................... HUGO REED AND ASSOCIATES. INC. . ,, .............. . ......................... .................. ................. ......................... ................. .................. rrr,u ~•••••••••••• .. ••a11•11J•11.••• ••n II Ii IIUU rH , .. , 11• II I'•• I I I •-••• I• •I •WI 11111'1 t• • Ht IHHUIIU LANDSURVEYOAS CIVIL ENGINEERS 1601 Avenue N / L.utlboclc, Texas 79401 / 806/783-5842 / FAX 806/763-3891 METES AND BOUNDS DESCRIPTION for a 21.2 acre tract of land located in the Western half of Section 21, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of Section 21, Block AK which bears North an approximate distance of 660.0 feet from the Southwest comer of Section 21, Block AK, Lubbock County. Texas; THENCE North an approximate distance of 2489. 7 feet to a point; THENCE East an approximate distance of 395.3 feet to a point; THENCE South an approximate distance of 505.3 feet to a point; THENCE West an approximate distance of 30.6 feet to a point; THENCE South an approximate distance of 1983.9 feet to a point; THENCE West an approximate distance of 365.0 feet to the Point of Beginning. PREPARED FOR ZONE CHARGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY Prepared for Carl Mortensen May 11, 2006