HomeMy WebLinkAboutOrdinance - 2008-O0033 - Amending Zone Case No. 2995-F - 03/27/2008First Reading
March 27. 2008
Item No. 6.2
ORDINANCE NO. 2008-()0033
Second Reading
April 10, 2008
Item No. 5.25
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995-F; A ZONING CHANGE FROM R-1
SPECIFIC USE TO C-3 ON 11.25 ACRES OF UNPLATTED LAND OUT OF
BLOCK AK, SECTION 30, 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, the 1986 Comprehensive Land Use Plan as amended is a guide to
help the Lubbock Planning and Zoning Cotrunission and City Council determine the
physical development of the corrununity; 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), 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. 2995-F
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provtstons of Section 29-24 of the Code of
Ordinances of the City of Lubbock from R-1 Specific Use to C-3 on 11.25
acres of unplatted land out of Block AK, Section 30, City of Lubbock,
Lubbock County, Texas, located at 70th Street and Milwaukee A venue, subject
to conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT prior to platting and/or development of ANY of the property, a
traffic management plan (curb cuts on Milwaukee) shall be reviewed and
approved by the Lubbock Planning Commission.
2. THAT the following uses shall NOT be permitted:
a) Bowling alley
b) Gasoline service station
c) Miniature golf course
d) Quick tune and quick oil change
e) Skating rinks
SECTION 2. 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 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.
Zone Case No. 2995-F
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of March
Passed by the City Council on second reading this lOth day of April
ATTEST:
APPROVED AS TO FORM:
c:Y~~~__a_
Linda L. Charnales
Senior Attorney Office Practice
vw/cityatt/Linda/ZoneCases/ZC2995· F
March 10,2008
Zone Case No. 2995-F
page-3 of3
• 2008.
'2008.
FE~-13-99 WED 12:48 PM~~STERS~MEDIA-MGT • P.91
... --, EXHIBIT "A"
Rezone to C-3
Ordinance No. 2008-o0033
CIVIL ENGINEERING
LAND PLANNING
METES AND BOUNDS DESCRIPTION of a 4.65 acre tract of land located in Section
30, Bloclc AK, Lubbock County, Texas, prepared for Zone Change Purposes only and
being fUrther described as follows:
BEGINNING at a point in the East line of Section 30, Block AK, which bears South
approximately 748.8 feet from the Nonheast c:omer of Section 30, Block AK, Lubbock
County, Texas;
THENCE South, along the East line of Section 30, Block AK, an approximate distance of
333.9 feet;
THENCE West an approximate distance of606.5 feet;
rnBNCE North an approximate distance of333.9 feet;
THENCE East, an approximate distance of606.8 feet to the Point ofBegiMing and
containing approximately 4.6S acre8, including any Right of Way.
PREPARED FOR. ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A
SURVEY.
Prepared for: George McMahan
November 12, 2007
Rezone to C-3
Q
Ordinance No. 2008-o0033
CML ENGINEERING
LAND PLANNING
METES AND BOUNDS DESCRIPTION of a 6.6 acre tract of land located in Section 30,
Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being
further described as follows:
BEGINNING at a point in the East line of Section 30, Block AK, which bears South
approximately 1,082.7 feet from the Northeast comer of Section 30, Block AK, Lubbock
County, Texas;
THENCE South, along the East line of Section 30, Block AK, an approximate distance of
482 feet;
THENCE West an approximate distance of279.2 feet;
THENCE Northwesterly along a curve to the right having a radius of200 feet, a central
angle of 45°, a chord distance of 153.1 feet, a chord bearing ofN 67° 30' W, and an arch
length ofl57.1 feet;
Thence N 45° W an approximate distance of 542.4 feet;
THENCE Northeasterly along a curve to the right having a radius of 200 feet, a central
angle of 36° 48' 4 7", a chord distance of 126.3 feet, a chord bearing ofN 71° 35' 37" E,
and an arch length of 128.5 feet;
THENCE East an approximate distance of 684.8 feet to the Point of Beginning and
cont~ng approximately 6.6 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A
SURVEY.
Prepared for: George McMahan
November 12, 2007