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HomeMy WebLinkAboutOrdinance - 2016-O0144 - Zone Case 3096-E - 10/13/2016First Reading September 22, 2016 Item No. 7.5 ORDINANCE NO. 2016-00144 Second Reading October 13, 2016 Item No. 7.5 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF Lt'BBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3096-E; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR COMMERCIAL DEVELOPMENT WITH OUTDOOR DISPLAY OF MERCHANDISE, ON 4.9 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 25, Lt.BBOCK. TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATI,`a. 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 40.01.005 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the 1 exas 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, 1 exas, 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 hereet: NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CFfY OF LUBBOCK: ZONE CASE NO. 3096-E SECTION 1. FHAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from C-3 to C-4 Specific Use for commercial development with outdoor display of merchandise on 4.9 acres of unplatted land out of Block E-2, Section 25, City of Lubbock, Lubbock County, Fexas, located at 10702 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 the zone change be tied to the proposed site plan. 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 40.03.3102 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 C-3 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 40.03.3101- 40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 10702 Slide 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 40.01.006 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on September 22, 2016 Passed by the City Council on second reading on October_ 13, 2016 DANIEL M. POPE, MAYOR ATTEST: R"caza, City Secre ry Zone Case No, 3096-E page -2of3 APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: t �J Justin D. r itt, A i. ant City Attorney vw/CityAtt/Just mZones ZC:.096-G September 1, 2016 Zone Case No. 3096-E page - 3 of 3 GO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 8061763-5642 / FAX 806/763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676.00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED C-4 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 4.9 acre tract of land located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of Section 25, Block E-2, Lubbock County, Texas, for the Southeast corner of this tract which bears N. 01 °43'42" E. an approximate distance of 2105.7 feet from the Southeast corner of Section 25, Block E-2, Lubbock County, Texas; THENCE N. 88°16'18" W. an approximate distance of 440.0 feet to a point for the Southwest corner of this tract; THENCE N. 01 043'42" E. an approximate distance of 482.3 feet to a point for the Northwest corner of this tract; THENCE S. 88°25'22" E. an approximate distance of 440.0 feet to a point in the East line of said Section 25, Block E-2, for the Northeast corner of this tract; THENCE S. 01 043'42" W., along the East line of said Section 25, Block E-2, an approximate distance of 483.4 feet to the Point of Beginning. Contains: Approximately 4.9 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.