HomeMy WebLinkAboutOrdinance - 2004-O0026 - Amending Zoning Ordinance Making Changes: Case No. 2998 - 02/19/2004First Reading
February 19, 2004
Item No. 53
ORDINANCE NO. 2004-o0026
Second Reading
March 4, 2004
Item No. 19
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2998; A ZONING CHANGE FROM R-1 and T TO
C-3 AND IHC ZONING ON 27.1 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 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, the 1986 Comprehensive Land Use Plan 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 on R-1 is a minor deviation from the 1986
Comprehensive Land Use Plan and attempt to protect 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. 2998
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
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A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from R-1 and T to C-3 and IHC zoning
district on 27.1 acres of unplatted land out of Section 10, Block E, City of
Lubbock, Lubbock County, Texas, located south of 98th Street and East of
University Avenue, subject to conditions, and being further described as
follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A" and "B".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT prior to development of any parcel, the Planning Commission
shall review and approve a curb cut access or management plan:
• For the Interstate Commercial parcel the review shall be prior to
construction permits on a minimum of either the north half or the south
half of the tract.
• For the C-3 parcel the review shall be prior to issuance of any permit on
the entire tract.
SECTION 2. 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 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. 2998
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on second reading this 4th d
ATTEST:
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Re cca Garza, City Secretary
APPROVED AS TO FORM:
1~.:.:-~ c:::Y ~___e:_
Linda L. Chamales
Supervising Attorney Office Practice
as/CCDOCS/ZC2998
February 5, 2004
Zone Case No. 2998
page-3 of 3
EXHIBIT "A'' ZONE CASE NO. 2998 -
Ordinance No. 2004-o0026
HUGO REED AND ASSOCIATES. INC.
1601 Avenue N I Lubbock, Texas 79401/8oel763-5842/ FAX 8081763-3891
IHC Zone
METES AND BOUNDS DESCRIPTION of a 16.5 acre tract of land located in Section 10, Block E, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the West line of Section 10, Block E, Lubbock County, Texas, which bears South an
approximate distance of 700 feet from the Northwest corner of Section 10, Block E, Lubbock County, Texas;
THENCE East an approximate distance of 370 feet;
THENCE South an approximate distance of 1939 feet to a point in the South line of the Northwest quarter of
Section 1 0, Block E;
THENCE West, along the South line of the Northwest quarter of Section 10, Block E, an approximate distance
of 370 feet to the Southwest corner of the Northwest quarter of Section 1 0, Block E;
THENCE North, along the West line of Section 10, Block E, an approximate distance of 1939 feet to the Point
of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY
EXHIBIT "B" ZONE CASE NO. 2998
Ordinance No. 2004-Q0026
HUGO REED AND ASSOCIATES. INC.
1601 Avenue N I Lubbock, Texas 79401/8061763-5642/ FAX 806/763-3891
C-3 Zone
METES AND BOUNDS DESCRIPTION of a 10.6 acre tract of land located in Section 10, Block E, Lubbock
County, Texas, being further described as follows:
BEGINNING at the Northwest corner of Section 10, Block E, Lubbock County, Texas;
THENCE East, along the North line of Section 1 0, Block E, an approximate distance of 660 feet;
THENCE South an approximate distance of 700 feet;
THENCE West an approximate distance of 660 feet to a point in the West line of Section 10, Block E;
THENCE North, along the West line of Section 10, Block E, an approximate distance of 700 feet to the Point of
Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY