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
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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