HomeMy WebLinkAboutOrdinance - 2010-O0004 - Amending Zoning Ordinance 7084 Zone Case 1943-D Unplatted Land - 01/14/2010First Reading
January 14, 2010
Item No. 6.2
ORDINANCE NO. 2010-00004
second Reading
January 28, 2010
Item No. 5. 20
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1943-D; A ZONING CHANGE FROM R-1 AND A-2
TO A-2 SPECIFIC USE FOR REDUCED SETBACKS ON 31.5 ACRES OF
UNPLATTED LAND OUT OF BLOCK A, SECTION 18, 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 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. 1943-D
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 29-24 of the Code of Ordinances
of the City of Lubbock from R-1 and A-2 to A-2 Specific Use for reduced
setbacks on 31.5 acres of unplatted land out of Block A, Section 18, City of
Lubbock, Lubbock County, Texas, located at north of Erskine Street and west
of North Memphis Avenue, 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 parcel be tied to the proposed site plan (lay out of the units
and amenities) and the location and profile of the proposed signs. The
signs may vary in side setback and may be located with a greater
setback than illustrated if plans for a bus stop mature.
SECTION 2. THAT the granting of this specific use zoning is hereby made
subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
including particularly, but not limited to, Section 29-24 of the Codified Zoning
Ordinance, which provides that a Building Permit shall be applied for and secured within
thirty (30) months of the effective date of the zone change or all undeveloped property
shall automatically revert back to the previous zoning classification, which in this case is
the R-1 and A-2 zone district; and if such reversion occurs, the Director of Planning is
directed to remove from the Zoning Map the legend indicating such specific use. The
Specific Use authorized by this Ordinance is permitted under provision of Section 29-
24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described as north of
Erskine Street and west of North Memphis Avenue, City of Lubbock, Lubbock
County, Texas.
SECTION 3. 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 4. 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 5. 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 .14th day of January , 2010.
Passed by the City Council on second reading this 28th day of January , 2010.
TOM MARTIN. MAYOR
Zone Case No. 1943-D
page -2 of 3
ATTEST:
APPROVED AS TO CONTENT: U /tfe..s t7t1--
Randy Henso Director of Planning
APPROVED AS TO FORM:
~ Chad Weaver
Assistant City Attorney
vw/Ci ty A tl/Chad/Zo nes/ZC I 94 3-0
December 7, 2009
Zone Case No. 1943-D
page -3 of 3
LAND SURVEYORS
CIVIL ENGINEERS
(
Ordinance No. 2010-00004 HUGO REED AND ASS•CIATES, INC.
1I01 Aveftu• N I Lul>boc~, Teaao 79-f01 I t0117U-H'2 / F,A.lt IOl/71J-JU1
METES AND BOUNDS DESCRIPTION of an approximately 31.5 acre tract of land located in Section 18, Block A,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the South line of Section 18, Block A, Lubbock County, Texas, for the Southeast corner of
this tract, same being the Southeast corner of that tract of land as described In Volume 1371, Page 378, Deed
Records of Lubbock County, Texas, which bears West, an approximate distance of 2749.6 feet from the Southeast
comer of said Section 18, Block A;
THENCE West, along the South nnJ of said Section 18, Block A, an approximate distance of 1260.1 feet to the
Southwest comer of said described tract of land, for the Southwest corner of this tract;
THENCE North, along the West line of said described tract, an approximate distance of 1090.0 feet to a point;
THENCE East, an approximate distance of 1260.1 feet to a point in the East line of said described tract, and the
East line of the West half of said Section 1 B, Block A;
THENCE South, along said East line, an approximate distance of 1090.0 feet to the Point of Beginning.
' THIS DESCRIPTION WAS PREPARED FROM OFFICE FILES ONLY AND DOES NOT REPRESENT AN ACTUAL
SURVEY. IT SHALL NOT BE RECORDED FOR ANY PURPOSE OR USED FOR ANY LANO TITLE
TRANSACTION.
Prepared for: Jon Williams
November 6, 2009