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HomeMy WebLinkAboutOrdinance - 2007-O0004 - Amending Zoning Ordinance To Make Change Case: 1993-C; Sentry Park Addt. - 01/12/2007First Reading January 12. 2007 Item No. 6.1 ORDINANCE NO. 2007-oo004 Second Reading January 25. 2007 Itea No. 5.2 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1993-C; A ZONING CHANGE FROM A·1 TO GO SPECIFIC USE FOR A THREE STORY OFFICE BUILDING ON A PORTION OF TRACT B, SENTRY PARK ADDITION, 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 Conunission 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 29-24 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. 1993-C I SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from A-1 to GO Specific Use for a three story office building under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on a portion of Tract B, Sentry Park Addition, City of Lubbock, Lubbock County, Texas, located at 6402 Albany Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A" SUBJECT TO THE FOLLOWING CONDITION: 1. THAT the project will be tied to the proposed site plan. 2. THAT an easement allowing access from the new parking lot to the curb return for the apartment complex shall be filed in Lubbock County Courthouse. 3. If the property is sold in separate parcels, the entire property will be subject to a replat. 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 A-1 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 a portion of Tract B, Sentry Park Addition, 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. Zone Case No. 1993-C page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 12th day of January • 2007. Passed by the City Council on second reading this 25th day of January • 2007. ATTEST: APPROVED AS TO CONTENT: 14 APPROVED AS TO FORM: ~-~ ~~-_e:___ Linda L. Chamales Senior Attorney Office Practice as/cityan/Linda/ZoneCases/ZC 1993-C December 7, 2006 Zone Case No. 1993-C page-3 of3 -- LAND SURVEYORS CIVIL ENGINEERS Exhibit "A" Zone Case No. J QQ~-' Ordinance No. 2007-o0004 HUGO REED AND ASSOCIATES. INC. 1601 Avenue N I t.ubboc:tl, Te~tu 7g.w1/8061763-5&'2/ FAX 8061783-3891 METES AND BOUNDS DESCRIPTION of a portion of Tract 8 , Sentry Park, an addition to the City of lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South right-of-way line of Loop 289, being the northwest corner of Tract "B", ... Sentry Park, an addition to the City of Lubbock, Lubbock County, Texas; · THENCE S. 72°03'05", along the South right-of-way line of loop 289 and the North line of said Tract "B", Sentry Park, an approximate distance of 124.0 feet; THENCE S. 00°05' W. an approximate distance of 129.0 feet; THENCE N. 89°55' W. an approximate distance of 118.0 feet to a point in the West line of said Tract "B", Sentry Park; THENCE N. 00°05' E., along the West line of said Tract "B~. an approximate distance of 167.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY AND SHALL NOT BE FILED OF RECORD WITH THE LUBBOCK COUNTY CLERK FOR ANY PURPOSE. Prepared: December 20, 2006 Asken Properties