HomeMy WebLinkAboutOrdinance - 2010-O0018 - Amending Zoning Ordinance 7084. Zone Case 2995-I - 02/25/2010First Reading
February 25, 2010
Item No. 6. 1
ORDINANCE NO. 2010-00018 -------
Second Reading
March 4, 2010
Item No, 5.15
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995-1; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO C-2 ON 8.4 ACRES OF UNPLATTED LAND OUT OF BLOCK AK,
SECTION 29, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDrNG 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 determine 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 29-29 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. 2995-1
SECTION I. 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 Specific Use to C-2 on 8.4 acres of unplatted
land out of Blpck AK, Section 29, City of Lubbock. Lubbock County, Texas,
located at south of 72nd Street east of Milwaukee Avenue, subject to conditions.
and being further described a~ follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT it be divided into sections from the south boundary to the
proposed 76th Street, 76th Street to the proposed 73rd Street and north
to the north boundary. The following shall apply to each tract for
curb cuts:
• South boundary to 76th -one curb cut with access from the
intersection streets and a connecting access easement along
Milwaukee prior to selling any parcel.
• 76th to 73rd -two curb cuts with access from the intersection
streets and a connecting access easement along Milwaukee
prior to selling any parcel.
• 73rd north -one curb cut with access from the intersection
streets and a connecting access easement along Milwaukee
prior to selling any parcel.
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 Specific Use 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 south of
72nd Street east of Milwaukee 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/I 00 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.
Zone Case No. 2995-1
page -2 of3
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 on _____ F_e_b_r_u_a~r y.__2_5""",_20_1_0 __ _
Passed by the City Council on second reading on -------------March 4, 2010
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~
Assistant City Attorney
vw/Ci ty Att/Chad 12 ones1ZC2 99 5-1
February 4. 20 I 0
TOM MARTIN,MA YOR
Zone Case No. 2995-1
page -3 of 3
0 0
HUGO REED AND ASSOCIATES, INC.
LAND SURVEYORS
CIVIL ENGINEERS
1601 Avenue H I Lubbock, Tun 79401 I 806/783-5642 / FAX 806/763-3891
Ordinance No . 2010-00018
Proposed C~2 Zoning
METES AND BOUNDS DESCRIPTION of an 8.5 acre tract of land located in Section 29, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING a point in the East right-of-way line of Milwaukee Avenue which bears North an approximate
distance of 1720.0 feet and East an approximate distance of 55.0 feet from the Southwest corner of Section
29, Block AK, Lubbock County, Texas;
THENCE North, along the East right-of-way line of said Milwaukee Avenue, an approximate distance of 1384.9
feet;
THENCE East, an approximate distance of 270.0 feet;
THENCE South, an approximate distance of 1315.7 feet;
THENCE S. 45G W., an approximate distance of 98.0 feet;
TH ENCE West, an approximate distance of 200.7 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
February 2, 2010