HomeMy WebLinkAboutOrdinance - 2009-O0069 - Amending Zoning Ordinance Change;Zone Case 3125;T To C-4;Vet Clinic,Block E-2 - 07/30/2009First Reading
July 30, 2009
Item No. 1.1
ORDINANCE NO. 2009-00069
Second Reading
August 13, 2009
Item No. 5.21
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3125; A ZONING CHANGE FROM T TO C-4
ZONING DISTRICT ON 0.88 ACRES OF UNPLATTED LAND OUT OF BLOCK
E-2, SECTION 24, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
CONDITIONS; 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 as amended 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 is a minor deviation from the 1986 Comprehensive Land
Use Plan as amended, which protects 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 compiled 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
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. 3125
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 T to C-4 zoning district on 0.88 acres of
unplatted land out of Block E-2, Section 24, City of Lubbock, Lubbock County,
Texas located at 12602 Slide 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 a site plan review for building location and elevations as well
as construction materials shall be reviewed by the Planning
Commission prior to a construction permit.
2. THAT billboards shall not be a permitted use on the parcel.
SECTION 2. THAT violation of any provisions of this Ordinance shall be
deemed a misdemeanor punishable by a 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.
Passed by the City Council on first reading this30th day of July , 2009.
Passed by the City Council on second reading this 13th day of August , 2009.
ATTEST:
(Q -"-� —,9—v—
Rebec a Garza, City Secretary
Zone Case No. 3125
page - 2 of 3
APPROVED AS TO CONTENT:
Randy Henson, Direc of Planning
APPROVED AS TOFORM:
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/zc3125
July 7, 2009
Zone Case No. 3125
page - 3 of 3
Proposed C-4
METES AND BOUNDS DESCRIPTION for a 0.88 acre tract of land located in Section 24, Block E-2, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the East line of Section 24, Block E-2, Lubbock County, Texas, for the Southeast
corner of this tract which bears N. 01 045'10" E. a distance of 1297.06 feet from the Southeast corner of said
Section 24, Block E-2;
THENCE N. 88014'50" W., an approximate distance of 295.00 feet to the Southwest corner of this tract;
THENCE N. 01045" 0" E., an approximate distance of 129.75 feet to Northwest corner of this tract;
THENCE S. 88014'50" E., an approximate distance of 295.00 feet to a point in the East line of said Section 24,
Block E-2, for the Northeast corner of this tract;
THENCE S. 01045'10" W., along the East line of said Section 24, Block E-2, an approximate distance of 129.75
feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for John Key
June 15, 2009
THE STATE OF TEXAS I \at W" v `
COUNTY OF LUBBOCK
j
Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this
day personally appeared Mary Elizabeth George of the Southwestern Newspaper
Corporation, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn
did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
insertion of this Legal Notice
No. at Lubbock County, Texas and the attached
printed copy of the
Notice
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
is a true copy of the original and was printed in the Lubbock
NOTARY P IC in and for the State of Texas
my commission Expires 412812012
Subscribed and sworn to before me this '� ��w day of
FORM 58-10
h
WENDYJ.KNOX
i NOTARY PUBLIC
State of Texas
Comm. Exp. 04-28-2012
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Z.
Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this
day personally appeared Mary Elizabeth George of the Southwestern Newspaper
Corporation, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn
did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
insertion of this Legal Notice
No. at Lubbock County, Texas and the attached
printed copy of the Le al Notice is a true copy of the original and was printed in the Lubbock, /
Ajvaonche-Joupeal on the following dates: o;? , 02 00 IT Iqy L&�) OrotS = .3 Co.
1AIIJ. Y IAI
NOTARY PU in and for the State of Texas
my commission Expires
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
Subscribed and sworn to before me this day of
FORM 58-10
W2812012
WENDY J. KNOX
NOTARY PUBLIC
State of Texas
Comm. Exp. 04-28-2012