HomeMy WebLinkAboutOrdinance - 2010-O0050 - Amending Zoning Ordinance 7084. Zone Case 2927-A - 06/24/2010First Reading
June 24, 2010
Item No. 6.3
ORDfNANCE NO. 2010-00050 -----"---'---"---'---
Second Reading
July B, 2010
Item No. 5.17
AN ORDfNANCE AMENDfNG ZONfNG ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKfNG THE FOLLOWING
CHANGES: ZONE CASE NO. 2927-A; A ZONfNG CHANGE FROM ICH TO IHI
SPECIFIC USE FOR STONE AND ROCK SALES ON 9.74 ACRES OF UNPLATTED
LAND OUT OF BLOCK AK, SECTION 31, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDfNG A PENALTY; PROVIDfNG A SAVfNGS CLAUSE
AND PROVIDfNG 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),
jand notice was duly published in the Lubbock A valanche-Joumal 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 fo11h 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. 2927-A
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 IHC to IHI Specific Use for stone and rock sales
on 9.74 acres of unplatted land out of Block AK, Section 31, City of Lubbock,
Lubbock County, Texas, located at 7405 Marsha Sharp Freeway, 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 stone and rock sales facility shall be constructed as
illustrated on the site plan as an Im Specific Use Permit.
2. THAT the area planned for the display equipment in a yard style
setting shall be tied to the proposed site plan and operate as an IHI
Specific Use Permit.
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 IHC 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 7405 Marsha Sharp
Freeway, City of Lubbock, Lubbock County, Texas.
SECTION 3. 11-IAT 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. 2927-A
page -2 of 3
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.
I AND IT IS so ORDERED.
Passed by the City Council on first reading on _____ Ju_n_e_2_4~• _2_0_1_0 ____ _
Passed by the City Council on second reading on ___ J.::..._u.:._l_.,y_8_._,___:::_20:....:1:....:o=----------
ATTEST:
APPROVED AS TO CONTENT:
I /4
APPROVED AS TO FORM:
(~
!Chad Weaver
Assistant City Attorney
vw/CityAtt/ChadlZones/ZC2927-A
June 8, 2010
TOM MARTIN, MAYOR
Zone Case No. 2927-A
page -3 of 3
Exhibit "A" Ordinance No. 2010-00050
BEGINNING at a point which bears NORTH 700.2 feet and WEST 1308.1 feet from the
southeast comer of the north half of Block AK, Section 31,
THENCE S36:10':30"E a distance of219.9 feet,
THENCE N53:49'30"E a distance of 249.41 feet,
THENCE N36:10'30"W a distance of219.59 feet,
THENCE S53:49'30"W a distance of249.54 to the POINT OF BEGINNING.
Tract contains 1.259 acres.
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