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HomeMy WebLinkAboutOrdinance - 2010-O0033 - Amending Zoning Ordinance 7084. Zone Case 2904-D - 04/13/2010First Reading April 19, 2010 Item No. 6.1 ORDINANCE NO. 2010-00033 Second Reading May 13, 2010 Item No, 5.12 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2904-D; A ZONING CHANGE FROM CB-2 SPECIFIC USE TO IHC SPECIFIC USE ON 2.814 ACRES OF LAND OUT OF BLOCK A, SECTION 20, 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. 2904-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 CB-2 Specific Use to IHC Specific Use on 2.814 acres of land out of Block A, Section 20, City of Lubbock, Lubbock County, Texas, located at north of Marsha Sharp Freeway access road west of University 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 this zone change he tied to the proposed site plan with allowance for adjustment to the minimum setback line on the site plan and the total number of parking spaces remain the same. 2. THAT a cross access and parking easement naming the three (3) Jots be recorded and presented prior to the initial construction permit for any of the three (3) structures. SECTION 2. IBA T 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 CB-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 Marsha Sharp Freeway access road west of University 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 Noll 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. 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 April 19, 2010 ---~--------- Passed by the City Council on second reading on May 13, 2010 ------------ TOM MARTIN, MAYOR Zone Case No. 2904-D page -2 of 3 ATTEST: APPROVED AS TO CONTENT: s~ APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/City At1/Chad/Zoncs/ZC2904-D April 6, 2010 Zone Case No. 2904-D page -3 of3 ~ . ' . ' ~- 1._. Ordinance No , 2010-00033 '"!T- FIELD NOTES on a Portion d AW. Blankenstip No. 1 '> the City of l.ubbodc. Lubbock Comfy, Taxas, • According lo 1he Map, Plat. and/Dr Dedlcalon Deed-llenaof ~eel In Vc4ume 477. Page 218, Deed RecoR:ls of Lubbock Coooty, Texas beklg proposed Tract C. R & N Isom Addition bek,g further desaibed by metss and bounds aa followa: BEGINNING at ii sat 112" rad with Ofllnge cap marted RPLS 4460 for Iha Southwest comer of lhls tract whence Iha orlglnal Southwest comer of AW. Blarunlhlp Number 1 beam S 81909'W w, 1267.85 reat THENCE N 02~1'08" E, with lhe East llne of lhe propoaed Traci B, R & N 180ffl Addition, 324.24 feet 1D a Bet 112" red with orange cap matked RPLS 4460 for the Nor1hw8st comer of 1h11 tract THENCE S H1"38'5r E. with the South Ri1t1t of Way h of 3rd S1reet, 369.57 feet 1D a found rad wllh yellow cap for lhe mc&lNortherty Northeast comer of Ns tract THENCE S 39°20'42" E, 30.09 raat to a mid rallrcad spike for a comer of lhla tract THENCE for lhls 8M Iha next two calla wllh Iha West Right of way line of University Avenue. S or43'28" w, ~.74 feet 1D a found railroad spike for a comer of 1h18 tract THENCE S 01 "39'39" W, 52.42 feet to a alt "7f In conaellt for a comer of this tract THENCE S 49"40'3r w. 38.91 feet to a sat 11881 nall wllh washer marked Abaa.11 Eng. RPLS 4460 for lhe mast SOU11erty Southeast comer of this tract; THENCE N 87"48'39" W, with lhe North ~t of Way Iha of Manlh Sharp F,eeway, 343.23 feet to lhe Pla011 of Beginning and contalnlng 2.814 Ao.a tndudlng any Right of way.