HomeMy WebLinkAboutOrdinance - 2013-O0004 - Zone Case 2895-I - 01/31/2013First Reading
January 10, 2013
Item No. 6.4
Second Reading
January 31, 2013
Item No. 5.23
ORDINANCE NO.2013-00004
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2895-I; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO GO ZONING DISTRICT ON 1.7429 ACRES OF UNPLATTED LAND OUT
OF BLOCK AK, SECTION 28, 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, 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 40.01.005 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.2895-I
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from R-1 Specific Use to GO zoning district
on 1.7429 acres of unplatted land out of Block AK, Section 28, City of
Lubbock, Lubbock County, Texas located at east of Milwaukee Avenue at 88`b
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 the change shall be limited to two (2) curb cuts or one full curb
cut and one shared curb cut with the property to the south.
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 40.01.006 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on January 10, 2013
Passed by the City Council on second reading on January 31, 2013
ATTEST:
v
Rebeeck Garza, City Sec ary
AP D AS TO CONTENT:
St3Y
Randy Hensoroirector of Planning
ApZ
Chad Weaver
Assistant City Attorney
vw/CityANChad20nes/n28954
0.cc.ka 4, 2012
Zone Case No.
page - 2 aJ2
DESCRIPTION FOR RE -ZONING REQUEST:
A 1.7429 ACRE TRACT OF LAND LOCATED IN SECTION 28, BLOCK AK, LUBBOCK COUNTY,
TEXAS, BEING A PORTION OF THAT CERTAIN 37.421 ACRE TRACT OF LAND DESCRIBED IN A
WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2008002690 OF THE
OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, SAID 1.7429 ACRE TRACT BEING FURTHER
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY OF MILWAUKEE AVENUE AT THE MOST
WESTERLY NORTHWEST CORNER OF SAID 37.421 ACRE TRACT FOR THE NORTHWEST CORNER
OF THIS TRACT, SAME BEING THE SOUTHWEST CORNER OF TRACT A-1, WAL-MART
SUPERCENTER, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN PLAT
AND DEDICATION NUMBER 2008008387 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK
COUNTY, WHENCE THE NORTHWEST CORNER OF SAID SECTION 28 BEARS N. 88° 16' 43" W. A
DISTANCE OF 55.00 FEET AND N. 01 ° 43' 17" E. A DISTANCE OF 1613.21 FEET;
THENCE S. 880 09' 54" E., ALONG THE WEST PORTION OF THE NORTH LINE OF SAID 37.421 ACRE
TRACT AND THE SOUTH LINE OF SAID TRACT A-1, WAL-MART SUPERCENTER, A DISTANCE OF
260.00 FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE S. 010 43' 17" W. A DISTANCE OF 292.01 FEET TO A POINT IN THE WEST PORTION OF
THE SOUTH LINE OF SAID 37.421 ACRE TRACT AND IN THE NORTH LINE OF THAT CERTAIN
TRACT OF LAND CONVEYED TO LUBBOCK LAND INVESTMENT 1, LP, RECORDED IN VOLUME
10469, PAGE 124 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, FOR THE
SOUTHEAST CORNER OF THIS TRACT;
THENCE N. 880 09' 49" W., ALONG THE WEST PORTION OF THE SOUTH LINE OF SAID 37.421 ACRE
TRACT AND THE NORTH LINE OF SAID LUBBOCK LAND INVESTMENT 1, LP TRACT, A
DISTANCE OF 260.00 FEET TO A POINT IN THE EAST RIGHT-OF-WAY OF MILWAUKEE AVENUE
FOR THE SOUTHWEST CORNER OF THIS TRACT;
THENCE N. 01 ° 43' 17" E. A DISTANCE OF 292.00 FEET TO THE POINT OF BEGINNING. BEARINGS
ARE RELATIVE TO GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM, TXNC ZONE
4202, NAD 83, AS DETERMINED BY GPS OBSERVATIONS ALONG THE SOUTH LINE OF 82ND
STREET, AS MONUMENTED ON THE GROUND. THIS DESCRIPTION IS PREPARED FROM DEED
RECORDS AND CONCEPTUAL DRAWINGS FOR ZONING PURPOSES ONLY AND SHALL NOT BE
USED FOR ANY OTHER PURPOSE OR CONTRACT.