HomeMy WebLinkAboutOrdinance - 2003-O0007 - Amending Zoning Ordinance To Make Change; Cae 24370F; Shopping Center - 02/13/2003First Reading
January 23, 2003
Item No. 34
ORDINANCE NO. 2003-00007
Second Reading
February 13, 2003
Item No. 18
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2437-F; A ZONING CHANGE FROM A-2 TO C-2
SPECIFIC USE FOR A SHOPPING CENTER ON AN UNPLATTED 1.13-ACRE
TRACT OF LAND OUT OF SECTION 29, BLOCK AK, 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 compiled with, including giving notices
in compliance with Section 29-24(c)(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
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 COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2437-F
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from A-2 to C-2 Specific Use under provisions of Section 29-
24( c)(24) of the Code of Ordinances of the City of Lubbock for a shopping center
on an unplatted 1. 13-acre tract ofland out of Section 29, Block AK, City of
Lubbock, Lubbock County, Texas, located North of 82nd Street and East of
Huron Avenue, subject to conditions and being further described as follows:
METES AND BOUNDS DESCRIPTION of a 1.1-acre tract of land located in
Section 29, Block AK, Lubbock County, Texas, being further described as
follows:
BEGINNING at a point which bears West approximately 1917.2 feet and North
approximately 55.0 feet from the Southeast comer of Section 29, Block AK;
THENCE West an approximate distance of 210.0 feet to a point at the Southwest
comer of this tract;
THENCE North an approximate distance of 224.4 feet to a point at the Northwest
comer of this tract;
THENCE East an approximate distance of 210.0 feet to a point at the Northeast
comer of this tract;
THENCE South an approximate distance of 224.4 feet to the POINT OF
BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That a minimum setback of twenty-five feet be allowed from the 81 st
Street property line.
2. The north property line (81 st Street) shall have a six-foot screening
fence with the exception of the curb return.
3. That a twenty-foot public access easement shall be dedicated on the
north line of the lot(s). The function of the easement is to allow
patrons of all of the businesses to access curb returns at the east and
west of the development adjacent to 81 st Street.
4. That one curb cut shall be allowed to 81 st Street as indicated on the site
plan.
5. That the development be limited to two curb cuts on 82nd Street.
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 A-2 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 an unplatted 1.13 acre
tract of land out of Section 29, Block AK, 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/100 Dollars
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of
Lubbock.
Zone Case No. 2437-F
page -2 of3
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 23rd day of __ Jan=--.....:ua'-'---ry..,,__ _ _,, 2003.
ATTEST:
&1~zeo, -~-
Rebecca Garza, City Secretary 1:::1
APPROVED AS TO FORM:
~ c:Yc~~ ..
Linda L. Chamales, Supervising Attorney
Office Practice
MUcityatt/Linda/ZoneCases/ZC2437-F & CCDOC/ZC2437-F
January 10, 2003
Zone Case No. 2437-F
page -3 of3