Loading...
HomeMy WebLinkAboutOrdinance - 2008-O0046 - Amending Zoning Ordinance To Make Changes Case 3106; Recreational Veh/Boat Storg - 04/24/2008First Reading April 24, 2008 Item No. 6.5 ORDINANCE NO. 2008-00046 Second Reading May 8, 2008 Item No . 5 . 1 6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3106; A ZONING CHANGE FROM T TO C-4 SPECIFIC USE FOR RECREATIONAL VEIDCLE AND BOAT STORAGE AND C-4 LIMITED TO UTILITY TRAILER SALES ON SIX (6) ACRES OF UNPLATTED LAND OUT OF SECTION 10, BLOCK E, 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 Cotrunission 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), 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. 3106 SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provtswns of Section 29-24 of the Code of Ordinances of the City of Lubbock from T to C-4 Specific Use for recreational vehicle and boat storage and C-4 limited to utility trailer sales on the east 215 feet of the tract and all permitted C-3 uses on six (6) acres of unplatted land out of Section 10, Block E, City of Lubbock, Lubbock County, Texas, located at east of University Avenue and north of 109'b Street~ subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A" & "B". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the east 215 feet is zoned C-4 Specific Use for recreational vehicle and boat storage facility and all permitted C-3 uses. (Exhibit "A") 2. THAT the tract shall be limited to two (2) curb returns to University A venue. (At this point, University Avenue is strip paved with no curb and gutter.) 3. THAT the west 313 feet (toward University Avenue) portion is zoned C-4 limited to utility trailer sales and all C-3 permitted uses. (Exhibit "B ") 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 above and located east of University Avenue and north of 109th Street, City of Lubbock, Lubbock County, Texas. Zone Case No. 3106 page-2 of3 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. AND IT IS SO ORDERED. Passed by the City Council on first reading this 24th day of Apri 1 • 2008. Passed by the City Council on second reading this 8th day of May '2008. --r)~ DAVID A. MILLER, MAYOR ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: .~~~~ Linda L. Chamales Senior Attorney Office Practice vw/cityatt/Linda/ZoneCasesiZC31 06 April 9, 2008 Zone Case No. 3106 page-3 of3 Ordinance No. 2008-o0046 Metes and Bounds for Tracts A and B, Zone Case 3106 Tract A: BEGINNING at a 3/8" IR found for the NW comer of Tract described in Lubbock Co. File # 2008-018169, from whence a W' IR found for NW comer SW /4 Section 10 Block E bearsS 90 W, a distance of 40.14' and N 0 W a distance of671.24'; THENCE N 0 W, a distance of 167.72' to a 112" IR found for NW comer of Tract described in Lubbock County Clerk's File# 2006-018169; THENCE N 90 E, a distance of264.14' to the NE comer of this tract; THENCE S 0 E, a distance of 497.96' to theSE comer of this tract; THENCE S 90 W, a distance of264.19' to a 1/2" Bolt set for the SW comer of this tract; THENCE N 0 W, a distance of 330.59' to the PLACE OF BEGINNING. Contains 3.018 Acres. Tract B: BEGINNING at a point which bears N 90 E a distance of304.28' and S 0 E a distance of 671.24' from the NW comer SW/4 Section 10 Block E, THENCE N 0 W, a distance of 167.72' to the NW comer of this tract; THENCE N 90 E, a distance of264.14' to the NE comer of this tract; THENCE S 0 E, a distance of 497.96' to a RR Spike found for theSE corner of this tract; THENCE S 90 W, a distance of 264.19' to the SW corner of this tract; THENCE N 0 W, a distance of330.59' to the PLACE OF BEGINNING. Contains 3.021 Acres.