HomeMy WebLinkAboutOrdinance - 2004-O0045 - Amending Zoning Ordinance: Case 2437-G; Shopping Center - 04/22/2004First Reading
April 22, 2004
Item No. 40
ORDINANCE NO. 2004-o0045
Second Reading
May 6, 2004
Item No. 12
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2437-G; A ZONING CHANGE FROM A-2 TO C-2
SPECIFIC USE FOR A SHOPPING CENTER ON 0.496 ACRES OF UNPLATTED
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
1 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 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. 2437-G
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 for a shopping center under
provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock
on 0.496 acres of unplatted land out of Section 29, Block AK, City of
Lubbock, Lubbock County, Texas, located at east of lola A venue and north of
82nd 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 minimum setback of twenty-five feet be allowed from the 81 51 Street
property line.
2. THAT the north property line (81s1 Street) shall have a six-foot screening
fence.
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 the
businesses to access curb returns at the east and west end of the development
adjacent to 8P1 Street.
4. This parcel shall be limited to one curb cut 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 0.496 acres of unplatted 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.
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. 2437-G
page -2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 22nd day of __ A_..p_r_il ___ , 2004.
Passed by the City Council on second reading this 6th da
ATTEST:
~~&.J. ~ Reb ca Garza, City Secretary
! APPROVED AS TO CONTENT:
~~::-
APPROVED AS TO FORM:
_/<-c::::YC ~:-.~~
Linda L. Chamales
Supervising Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC2437-G
April 1 , 2004
Zone Case No. 2437-G
page-3 of3
\
Exhibit "A"
Zone Case
Ordinance No.
METES AND BOUNDS DESCRlPTION of a 0.496 acre tract ofland located in
Section 29, Block AK. Lubbock County, Texas, being further described as follows;
BEGINNING at a cut cross on concrete found in the North right-of-way line of82nd
Street at the Southwest comer of this tract, which bears S. 89°55'20" E. a distance of
418.44 feetand N. 00°01'43" E. a distance of 55.00 feet from the Southwest comer of
the Southeast Quarter of Section 29, Block AK. Lubbock County, Texas;
THENCE N. 00001'43'' E. a distance of230.35 feet to a 1/2" iron rod with cap found
in the South right-of-way line of81st Street at the Northwest comer of this tract;
THENCE Southeasterly along said right-of-way line, around a curve the left. said
curve having a radius of75.00 feet, a CFntral angle of23°34'41", tangent lengths of
15.65 and a chord distance of30.65 feet to a 1/2" iron rod with cap set for a point of
tangency;
THENCE S. 89°58'17" E., continuing along the South right-of-way line of8lst Street,
a distance of a 65.98 feet to a 112" iron rod with cap found at the Northeast comer of
this tract;
THENCE S. 00°01 '43" W., a distance of224.17 feet to a 112" iron rod with cap found
in the North right-of-way line of 82nd Street at the Southeast comer of this tract;
THENCE N. 89°55'20" W., along the North right-of-way line of82nd Street a
distance of95.98 feet to the Point of Beginning.
CERTIFICATION TO: West Texas Title Co.
FOR! GF# 2311 ONLY
I, Daniel E. Martinez, Texas Registered Professional Land Surveyor No. 4515, do
hereby certify that this survey was made on the ground and is in substantial
compliance with Standard TREC Contract Foriit No. 20-5. As graphically plotted a
portion of this property DOES lie within a special flood hazard area as shown on
Panel290 of 500 of the FIRM for Lubbock County, Texas and incorporated areas,
Map No. 48303C0290 D, effective date September 18, 2002, ZONE .AE, remainder
inZONEX.
April30, 2003
~ ~ LAA__c0::::-__ _
Daniel E. Martinez
Registered Professional
Land Surveyor No. 4515
State ofTexas
o.2~7-G 200~-fo0045
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