HomeMy WebLinkAboutOrdinance - 2007-O0042 - Amending Zoning Ordinance 7084. Zone Case 2543-C Fairview Acres Addition - 04/26/2007First Reading
April 26, 2007
ORDINANCE NO. 2007-o0042
Second Reading
May 11, 2007
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2543-C; A ZONING CHANGE FROM R*l TO C"3
ZONING ON THE EAST 244 FEET OF BLOCK 7, FAIRVIEW ACRES
ADDITION, AND 10 ACRES OF UNPLATTED LAND OUT OF THE
NORTHEAST QUADRANT OF SECTION 9, 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 Conunission 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 conununity; however, planning is a continuous process and
change is inevitable; and
WHEREAS, the Lubbock Planning and Zoning Conunission 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 29-10 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. 2543-C
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 R-1 to C-3 zoning district on the east
244 feet of Block 7, Fairview Acres Addition, and 10 acres of unplatted land
out of the northeast quadrant of Section 9, Block E, City of Lubbock,
Lubbock County, Texas, located atl702 and 1701 981h 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 a site plan review for materials and design shall be reviewed by
the Planning Commission prior to development on either of the two lots
on the north or the ten acre tract.
2. THAT a total of one curb cut is allowed per lot on the north two lots on
98th Street.
3. THAT the developer of the ten acre tract shall submit a curb cut plan for
approval by the Planning Commission prior to any subdivision and
development on the ten acre tract.
SECTION 2. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by fme 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. 2543-C
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 26th day of _ ____;A;;;!;p=r=il;;,___• 2007.
Passed by the City Council on second reading this 11th day of May • 2007.
ATTEST:
APPROVED AS TO CONTENT:
enior Planner
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney Office Practice
ml/cityan!Linda/ZoneCases/ZC2543-C
April 16, 2007
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Zone Case No. 2543-C
page-3 of3
Exhibit "A" Ordinance No. 2007-oQ042
Stonebridge-Tract 1: Proposed Zoning of C-3
Metes and Bounds Description of a 10.923 acre tract out of Section 10, Block E, Lubbock
County, Texas, being further described as follows:
BEGJNNIN G at a point which bears West an approximate distance of 86.1 feet from the
Northeast comer of Section 10, Block E;
THENCE South, an approximate distance of689.5 feet;
THENCE N 87"00'34" W, an approximate distance of 560.5 feet;
THENCE West, an approximate distance of 140.5 feet;
THENCE N 45" W, an approximate distance of 14.1 feet;
THENCE North, an approximate distance of574.7 feet;
THENCE N 45• E, an approximate distance of21.2 feet;
THENCE North, an approximate distance of 60.0 feet to a point in the North line of
Section 10, Block E;
THENCE East, along the North line of Section 10, Block E, an approximate distance of
695.2 feet to the POINT OF BEGINNING.