HomeMy WebLinkAboutOrdinance - 2009-O0048 - Amending Zoning Ordinance: Zone Case No. 3121; From T To C-3 - 05/28/2009I First lleading
May 28, 2009
Itea No. 6.5
ORDINANCE NO. 2009-oo048
Second Reading
June 11, 2009
Item No. 5.7
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3121 ; A ZONING CHANGE FROM T TO C-3
ZONING DISTRICT ON 10 ACRES OF UNPLATTED LAND OUT OF SECTION
8, BLOCK AK, 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 §21 1.007 (V emon, 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 COUNCU., OF THE CITY OF LUBBOCK:
ZONE CASE NO. 3121
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 from T to C-3 zoning district on 10 acres of
unplatted land out of Section 8, Block AK, City of Lubbock, Lubbock County,
Texas located at Southwest corner of Frankford Avenue and 130th Street,
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 subdivision or sale of any portion of the parcel, the
Planning Commission shall review a site plan indicating building
layout, traffic flow and construction materials.
2. THAT the Texas Department of Transportation (fxDOT) will have
jurisdiction for curb returns on FM 1585. For curb returns on
Frankford A venue, the total shall not exceed two (2) unless expressly
approved during the site plan review by the Planning and Zoning
Commission.
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 Noll 00
Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of
Lubbock.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 28th day of Kay , 2009.
Passed by the City Council on second reading this lltb.day of June , 2009.
ATTEST:
TOM MARTIN, MAYOR
Zone Case No. 3121
page-2 of3
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/zc3121
May 7,2009
Zone Case No. 3121
page~ 3 of3
LAND SURVEYORS
CaVIL ENGINEERS
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Ordinance No. 2009-o0048
HUGO REED AND ASSOCIATES, INC.
1101 Avanua N 1 Lulll.,ooll, T•••• 7t4ot taoen•~·Sf42 t FAX '"nt$-stti
PROPOSED C-3 ZONING
METES AND BOUNDS DESCRIPTION of a tract of land located in Section 8, BlockAK, Lubbock County, Texas;
BEGINNING at the Northwest comer of Section 8, Block AK, Lubbock County, Texas;
THENCE N. 89.27'01" E., along the. North line of said Section 8, an approximate distance of 660 feet to a point;
THENCE S. 00°10'52• W., an approximate distance of 660 feet to a point;
THENCE S. 89.27'01• W., an approximate distance of 660 feet to a point in the West line of said Section 8;
THENCE N. 00°10'52" E., along the West line of said Section 8, an approximate distance of 660 feet to the Point of Beginning.
CONTAINS: Approximately 10.0 acres
THIS DESCRIPTION IS INTENDED TO BE USED AS A ZONE CHANGE DESCRIPTION AND DOES NOT REPRESENT AN
ACTUAL SURVEY.