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HomeMy WebLinkAboutOrdinance - 2007-O0090 - Amending Zone Case No. 3018-A; Amending Plan From Ordinance 2004-00111 - 08/23/2007First: Reading August: 23,. 2007 It:em No. 6.2 ORDINANCE NO. 2007-00090 Second Reading Septeober 13, 2007 Item No. 5.3 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3018-A; A ZONING CHANGE AMENDING THE CONDITIONS AND SITE PLAN FROM ORDINANCE 2004-00111 ON PROPOSED TRACT 5A, OVERTON PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 compiled 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 Ordinances 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. 3018-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock amending the conditions and site plan from Ordinance 2004-00111 on Proposed Tract 5A, Overton Park Addition, Lubbock, Lubbock County, Texas located North of Glenna Goodacre Boulevard and East of Avenue X, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT setback is decreased (from 15 feet to 10 feet on 6th and 8th Streets and to 14 feet on Avenue X); 2. THAT the proposed site plan is followed; 3. THAT the proposed trash enclosures shall be within a solid enclosure (on three sides); 4. THAT the roofs shall be a tile product compatible with other projects in Overton and the walls adjacent to 6th Street, Avenue X and 8th Street shall be either stucco or masonry -exclusive of hardyplank; 5. THAT the fence on 6th and 8th Streets adjacent to the parking lots shall be masonry or a combination of masonry columns and wrought iron; 6. TBA T a fence, of materials to be chosen by the developer, shall be located on the East line. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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 3. 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 4. 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 this 2.3al day of Au.gust • 2007. Passed by the City Council on second reading this 13th day ofSeptenbeI; 2007. -/~#f'4-=--· - DAVIDAMILLER,MAYOR ATTEST: ~<~ Reb caGarza, City Secretary Zone Case No. 3018-A page -2 of 3 APPROVED AS TO FORM: ' ,..._!.,✓-//' / 4 -~ L-¥"~ ~---- Linda L. Chamales, Senior Attorney Office Practice vw/CCDOCS/CITY A TI/UNOA/zc3018-A August 6, 2007 Zone Case No. 3018-A page-3 o/3 HUGO REED AND ASSOCIATES, INC. 1601 Avenue NI Lubbock, r-79401 I 806/763-5642 I FAX 808/763-3891 Ordinance No. 2007-00090 METES AND SOUNDS DESCRIPTION for a 6.9 acre tract of land located in Section 2, Block 0, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the centerline of Avenue •x· and the centerline of Glenna Goodacre Boulevard, for the Southwest corner of this tract which bears West an approximate distance of 25.0 feet and South an approximate distance of 30.0 feet from the original Southwest corner of Block 127, Overton Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 18, Page 610, Deed Records of Lubbock County, Texas; THENCE North, along the centerline of Avenue "X", an approximate distance of 445.0 feet to the Northwest corner of this tract; THENCE East, an approximate distance of 675.0 feet to the Northeast corner of this tract; THENCE South, an approximate distance of 445.0 feet to a point in the centerline of Glenna Goodacre Boulevard, for the Southeast comer of this tract; THENCE West, along the centerline of Glenna Goodacre Boulevard, an approximate distance of 675.0 feet to the Point of Beginning. PREPARED FOR ZONE CHARGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY Prepared for McCanton Woods, Ltd. July 10, 2007