HomeMy WebLinkAboutOrdinance - 2005-O0055 - Amending Zoning Ordinance 7084. Zone Case 3036. Shopping Center - 05/26/2005First Reading
May26, 2005
Item 23
ORDINANCE NO. 2005-0Q055
Second Reading
June 9, 2005
Item 10
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3036; A ZONING CHANGE FROM C·3 AND R·3 TO
CB-2 SPECIFIC USE FOR A SHOPPING CENTER ON 1 ACRE TRACT OF LAND
OUT OF SECTION 2, BLOCK 0 (INCLUDING LOTS 8 THROUGH 12, BLOCK
129, OVERTON ADDITION), 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, 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. 3036
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from C-3 and R-3 to CB-2 Specific Use for a shopping
center under provisions of Section 29-24 of the Code of Ordinances of the City of
Lubbock on an 1 acre tract of land out of Section 2, Block 0 (including Lots 8
through 12, Block 129, Overton Addition), City of Lubbock, Lubbock County,
Texas~ located on the southeast corner of Glenna Goodacre Boulevard and
University Avenue, subject to conditions and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "Att.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT zoning is tied to the proposed site plan (with the alley parking fixed
or eliminated) and building elevation.
2. THAT the developer will comply with the Overton Park Public
hnprovements Site Design Guidelines.
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 C-3 and R-3 zone districts; 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 a 1 acre
tract of land out of Section 2, Block 0 (including Lots 8 through 12, Block 129,
Overton Addition), 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/1 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.
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. «ZoneCaseNo»
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 26th day of _ ___.:Ma:::.~:y __ _,, 2005.
Passed by the City Council on second reading this 9th day
ATTEST:
W.e.c/4-~F Rebecca Garza, City Secretary
APPROVED AS TO FORM:
~~ d~~-~---·
Linda L. Chamales
Senior Attorney Office Practice
aslcityatt/Linda!ZoneCases/ZC3036
May 5, 2005
Zone Case No. «ZoneCaseNo»
page-3 of3
~~~!:.--' 2005.
LAND SURVEYORS
CIVIL ENGINEERS
Exhibit ''A"
Ordinance No.2005-oD055
HUGO REED AND ASSOCIATES. INC.
1801 Awnue N /l.Utlbclc:t, Texas 79401 /8061783-5642/ FAX 806f763.-3891
1.0 acres CB·2 Specific Use
METES AND BOUNDS DESCRIPTION for a 1.0 acre tract of land located in Section 2, Block 0, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the West line of Section 2, Block 0 and the center line of Glenna Goodacre Boulevard,
which bears South an approximate distance 1495 feet from the Northwest comer of Section 2, Block 0, Lubbock
County, Texas;
THENCE East, along the center line of Glenna Goodacre Boulevard, an approximate distance of 253.00 feet;
THENCE South, at 50 feet pass the South right-of-way line of Glenna Goodacre Boulevard, same being a point
in the West line of Lot 7, Block 129, Overton Addition, Lubbock County, Texas, continuing along the West line of
said Lot 7, at 157.5 feet pass the Southwest comer of said Lot 7, and continuing for a total approximate distance
at 167.5 feet to a point in the center line of a 20 foot alley;
THENCE West, along the center line of said 20 foot alley an approximate distance of 253.00 feet to a point in
the West line of Section 2, Block 0;
THENCE North along the West line of Section 2, Block 0 an approximate distance of 167.5 feet to the Point of
Beginning.
FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Matt Malouf
March 29,20.05