HomeMy WebLinkAboutOrdinance - 2010-O0013 - TAO Dev. Group, Zoning Chnage CB-2, Block A Section 20. - 01/28/2010First Reading
January 28, 2010
Item No. 6.4
ORDINANCE NO. 2010-00013
Second Reading
February 9, 2010
Item No. 5.10
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2904-C; A ZONING CHANGE FROM CB-2
SPECIFIC USE TO A-3 SPECIFIC USE FOR APARTMENT USE ON 3.65 ACRES
OF UNPLATTED LAND OUT OF BLOCK A, SECTION 20, 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 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:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO.2904-C
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 29-24 of the Code of Ordinances
of the City of Lubbock from CB-2 Specific Use to A-3 Specific Use for
apartment use on 3.65 acres of unplatted land out of Block A, Section 20, City
of Lubbock, Lubbock County, Texas, located at east of Boston Avenue on
Marsha Sharp freeway access road, subject to conditions, and being further
described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zone be tied to the site plan as contained in Zone Case No.
2904-C file as presented.
2. THAT the zone be tied to the building elevations with style and
materials that meet or exceed the project illustrated on plans in Zone
Case No. 2904-C file.
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 CB-2 Specific Use zone district; 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 east of Boston Avenue on Marsha Sharp Freeway access road, 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.
Passed by the City Council on first reading this 28th day of January , 2010.
Passed by the City Council on second reading this 9th day of February , 2010.
TOM MARTIN,MAYOR
Zone Case No. 2904-C
page -2of3
ATTEST:
Rebec a Garza, City Secretary
APPROVED AS TO CONTENT:
a 4
Randy Henson irector of Planning
APPROVED AS TO FORM:
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Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/ZC2404-C
January 11, 2010
Zone Case No. 2904-C
page - 3 of 3
_p
f Ordinance No. 2010-00013
FIELD NOTES on a Portkirrof A.W.-Blankenship-No.J-fio_theof-Lubbock, Lubbock
County, Texas, According to the Map, Plat) and/or Dedication Deed thereof Recorded in
Volume 477, Page 216, Deed Records of Lubbock County, Texas and Lot C, Blankenship
Addifion No. 2 to the City of Lubbock, Lubbock County, Texas, According to the Map, Plat,
and/or Dedication Deed thereof Recorded in Volume 1367, Page 579 and in Volume 1369,
Page 763, Deed Records of Lubbock County, Texas and a 0.650 Acre Tract out of Section
20, Block A, Lubbock County, Texas being further described by metes and bounds as
folio%im
BEGINNING at a set 1/2" rod with orange cap marked RPLS 4460 for the Southwest comer
of this tract whence the original Southwest comer of A.W. Blankenship Number 1 bears S
74*5908" W. 819.61 feet;
THENCE N 12026'04' W, 130.41 feet to a set 1/2" rod with orange cap marked RPLS 4460
for a comer of this tract;
THENCE Northwesterly with a curve to the left having a radius of 49.50 feet, a chord
distance of 12.74 feet, a tangent of 6.42 feet, a central angle of 1404T12", and a chord
bearing of N 05002'28" W to a set 1/2" rod with orange cap marked RPLS 4460 for a comer
of this tract;
THENCE N 02921'08" E, 186.82 feet to a set 1/2" rod with orange cap marked RPLS 4460
for the Northwest comer of this tract
THENCE S 87°40'13" E. with the South Right of Way line of 3rd Street, 34.06 feet to a
found 1/2" iron rod for a comer of this tract
THENCE S 87038'57" E, with the South Right of Way line of 3rd Street, 462.38 feet to a set
1/2* rod with orange cap marked RPLS 4460 for the Northeast comer of this tract;
THENCE S 02021*08" W, 324.24 feet to a set 1/2" rod with orange cap marked RPLS 4460
for the Southeast comer of this tract
THENCE N 8704V39" W, with the North Right of Way line of Marsha Sharp Freeway,
461.52 feet to the Place of Beginning and containing 3.650 Acres including any Right of
Way.
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