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Home My WebLink AboutOrdinance - 2007-O0006 - Amending Zoning Ordinance To Make Changes; Zone Case No. 3073 From T To C-3 - 01/12/2007First Reading January 12, 2007 Item J!lo. 6.3 ORDINANCE NO. 2001-oooo6 Second Reading January 25, 2007 Itea J!lo. 5.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3073; A ZONING CHANGE FROM T TO C-3 AND C-4 SPECIFIC USE FOR A VETERINARY CLINIC WITH AN UNENCLOSED KENNEL ON 6.582 ACRES OF UNPLA TIED LAND OUT OF SECTION 18, BLOCK E-2, 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 29-24 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 detennined that it would be in the public interest, due to changed conditions, 1 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: I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3073 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from T to C-3 and C-4 Specific Use for a veterinary clinic with an unenclosed kennel under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 6.582 acres of unplatted land out of Section 18, Block E-2, City of Lubbock, Lubbock County, Texas, located at 13010 Indiana Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A" and "B". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT for the C-4 Specific Use portion, the project be tied to the proposed site plan. 2. THAT the entire kennel and veterinary operation, with the kennel being constructed first and the entire proposed screening fence, shall be completed within two years of the effective date of the ordinance. 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 T 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 6.582 acres of unplatted land out of Section 18, Block E-2, 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 29-3 1 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. 3073 page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 12th day of Januarv > 2007. Passed by the City Council on second reading this 25th day of January > 2007. ATTEST: ~+~ RebeeaGaiza. City Secretary APPROVED AS TO FORM: ~,<::~~~-~ Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCases/ZC3073 December 7, 2006 Zone Case No. 3073 page-3 of3 Zone Case No. 3073 Exhibit "A" Ordinance No. 2007-oo006 Zone Change from T to C3 Metes and Bounds Description on a 5.348 acre tract out of Section 18, Block E-2, Lubbock County, Texas, prepared for Zone Change purposes only and being further described as follows: Beginning at a point near the center of a paved North South county road and an East West graded county road, for the Southeast comer of Section 18, Block E-2, from whence a found%" iron pipe bears North 1.7 feet; THENCE S 89°58'54" W, at 55 feet pass a found 3/8" rod, in all 659.79 feet, whence a found W' rod bears North 1 foot; THENCE N 00°02'33" E, (called North) at 55 feet pass a found 3/8" rod, in all 208.07 feet (called 208 feet) to a found 3/8" rod; THENCE N 53°10'09" E, 586.94 feet (called 587.2 feet) to a found 3/8'' rod; THENCE N 89°58'07" E, at 134.91 feet pass a found 3/8" rod, in all 189.91 feet to· a point near the center of the said paved road for the Northeast Comer of this tract; THENCE S 00°01 '15" E, 559.81 feet (call South, 560 feet) to the PLACE OF BEGINNING and containing 6.582 acres including any Right of Way Save and except a 1.234 acre tract out of Section 18, Block E-2, Lubbock County, Texas being further described by Metes and Bounds as follows: BEGINNING AT A POINT for the Northeast comer of this tract which bears N 00°01 '15" W, 559.81 feet from the Southeast comer of Section 18, Block E-2; THENCE S 00°02'03" E, 175.12 feet; THENCE S 89°57'53" W, 424.05 feet;_ THENCE N 53°10'09" E, 292.39 feet; THENCE N 89°58'03" E, 189.91 feet to the PLACE OF BEGINNING and containing 1.234 acres, including any Right of Way. Zone Case No. 3073 Exhibit "B" Ordinance No. 2007-o0006 Zoning Change from T to C4 Specific Use for a Veterinary Clinic Metes and Bounds Description on a 1.234 acre tract out of Section 18, Block E-2, Lubbock County, Texas prepared for Zone Change Purposes Only and being further described by metes and bounds as follows: BEGINNING AT A POINT for the Northeast comer of this tract which bears N 00°01 '15" W, 559.81 feet from the Southeast comer of Section 18, Block E-2; THENCE S 00°02'03" E, 175.12 feet; THENCE S 89°57'53" W, 424.05 feet; THENCE N 53°10'09" E, 292.39 feet; THENCE N 89°58'03" E, 189.91 feet to the PLACE OF BEGINNING and containing 1.234 acres, including any Right of Way.