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HomeMy WebLinkAboutOrdinance - 2004-O0075 - Amending Zoning Ordinance To Make Changes; Case No. 2720-B - 06/29/2004First Reading il June 29~ 2004 . Item No. 37 Second Reading July 15~ 2004 Item No. 21 ORDINANCE NO. 2004~0075 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND · THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2720-B; A ZONING CHANGE FROM A-2 TO A-2 WITH CHANGED CONDITIONS AND TO C-2 ZONING ON A 4.98 TRACT OF LAND OUT OF SECTION 9, BLOCK JS AND ON LOT A, TRAVIS TUBBS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A I 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 l 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 ! I 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 29-29 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: II BE rr oRDAINED BY mE CITY couNciL OF THE CITY oF LUBBOCK: ! ZONE CASE NO. 2720-B 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 A-2 to A-2 with changed conditions and to C-2 zoning districts on a 4.98 tract of land out of Section 9, Block JS and on Lot A, Travis Tubbs Addition, City of Lubbock, Lubbock County, Texas, located south of 8th Street and west of Frankford 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 ON THE A-2 PORTION DESCRIBED IN EXHIBIT "A": 1. THAT setbacks shall be 100-feet if three story units are construed. 2. THAT setbacks shall be 50-feet if two story units are construed (this is the Code standard in the A-2 District). 3. THAT setbacks shall be a minimum of five-feet if one-story units are constructed (in the A-2 District, five feet is the required for single story construction). SUBJECT TO THE FOLLOWING CONDITION ON THE C-2 PORTION DESCRIBED IN EXHIBIT "B": 1. THAT a masonry screening shall be required on the north line of the C-2 District. The fence may have an opening for a curb return and shall be stepped down to thirty (30) inches for a distance twenty-five (25) feet from the property line on Frankford. 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. I 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 1 1 this Ordinance shall not be affected thereby. I SECTION 4. THAT the City Secretary is hereby authorized to cause I publication of the descriptive caption of this Ordinance as an alternative method provided by law. l I I li Zone Case No. 2720-B page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 29th day of __ .....:J..=..un.....:e::__ __ , 2004. ATTEST: B~~-.~-~ ~00: Garza, City Secretary '\: APPROVED AS TO CONTENT: , APPROVED AS TO FORM: I II as/cityatt/Linda/ZoneCase/ZC2720-B June 3, 2004 Zone Case No. 2720-B page-3 of3 l I J Exhibit "A~' . ZOii(. c~~e No. 2720-B Ordinance No. 2004-o0075 M.'-G.v ~ei\J -~eeP-T5oJ A~ 2, ·fa~",';>~ METES and BOUNDS Description of a 4. n 'acre tra~t out of Section 9, Block JS, Lubbock County, Texas prepared for Zone Change Purposes Only. BEGINNING at a point for the Southeast corner of this tract, whence the Northeast corner of Section 9, Block JS bears North 1650.29 feet and S 89° 59' 34" E, 310 feet; THENCE N 89" 59' 34" W, 544 feet to the Southwest comer of this tract; . . THENCE North, 329.61 feet to a point in the center of 8th Street for the Northwest corner of this tract; THENCE S 89" 59' 34" E, along the center of 8th Street, 544 feet to the Northeast comer of this tract; THENCE S 0" 00' 52" E, 330.6 feet to the PLACE OF .BEGINNING and containing 4.11 acres including any Right of Way. · · · Prepared for Zone Change Purposes only Does not Represent a survey. May21, 2004 1 · • .,. C:\Proiects\LRCcsounsection 9, Block JSZone Change McQueen.DOC J . I . .. -.