HomeMy WebLinkAboutOrdinance - 2013-O0036 - Zone Case 3203 - 04/11/2013First Reading
March 28, 2013
Item No. 6.1
Second Reading
April 11, 2013
Item No. 5.10
P a aft
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3203; A ZONING CHANGE FROM T TO M-1
ZONING DISTRICT LIMITED TO THE WHOLESALE OF TREES AND SHRUBS
AND A HOLDING YARD, ON 3.4 ACRES OF UNPLATTED LAND OUT OF
BLOCK E-2, SECTION 21, 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 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 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.3203
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 T to M-1 zoning district limited to the
wholesale of trees and shrubs and a holding yard on 3.4 acres of unplatted
land out of Block E-2, Section 21, City of Lubbock, Lubbock County, Texas,
located at north of 1251h Street between Indiana Avenue and Flint Avenue,
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 limited to the wholesale of trees, shrubs,
and other plants along with a holding and/or storage yard.
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 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 march 28_ 2_11 _
Passed by the City Council on second reading on April ! 1, 2013
ATTEST:
Rebe a Garza, City Secret
"Z
/--
G�WC.
Zone Case No. 3203
page - 2 of 3
APPROVED AS TO CONTENT:
Matt Perkins, DifKctor of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw.! CityAtt/Chad/Zones/ZC3203
March 7.2013
Zone Case No. 3203
page - 3 of 3
RICKY SCOTT
CALLED 5.5 ACRES
VOL 3406. Pit. 271
OPLC, rX
SOUTHV.EST COR&EP LOT 7
tfllNlrlC tool 13USINESR PARK
LOTS 1 -21
I r VOL 86e1, PG. 158 P•D B.
f S. 88' 12' 19" E.
---------------------------------
1.690 17'
?ANDALL WOLCOTT
VOA E;60, PC 3
D.R.L.C., rx,
5 88' 12' 19" E. — 368 20'
O
I
00
O
y.
O
O
I
4I
�
Q
I
N
to
n
{ ! 3.40 ACRES
RANDALL wDLCOTr
o
VOL 6160, RG 3
N
yl
v
D^L C, rX
G
l>)
20' ALLEY
N.
5 I 4 I LOTS , +5
125th STREET
EEARINCS i1ASED U S STATE PLATE 1983
TEXAS NORIN C'L.%PRAL ZONE - 4202
015T'AMCLS ARE SURTAC.E DISTANCES
12' 19" W. — 37282_--_
NOTE'
D,ctnnces m.( ) are pWiled d,slonce,.
to - 1/2" iron rac w/yEdaw coo found
O - 1/2' itch rod w/yellow cnp ;n,lcribed "RPLS 4263- set
FIELD NOTES:
FIELD tlO1E5 for a 3 40 acre tract at land heino s,tuoted in Sect;- 21. Block E - 2. Lutbock
County, To.os. and being more port,cufnry descr•bed as !ollo"s
BEGINNING al n r/:" iron rod with yellow cop inscribed "PPLS 4263' (m,rh type cop and iron —I
hereafter te,ed to as an OJD Cap) set N the north lino al a propased 25 tact ';de occess
easemrnl, which bears S. 88' 12' 19' E. a distance of 1.69017 feet from a 1/2' tiro, rod 'with
yellow cup toured at the southwest tamer of Lot ? liun6lgton Business. ?ark I cis I -. _11. rs
, eco,ded in Vofume 8641. page 158, peed Records •of Luboock County, Tews, for the Southwest
corner of Ih1, !r oct
1HE14CE N: 02' 23' 52' E. a distonce of 400.02 I<et to at, OJD Cap set for the nortnyrest corner
of this tract
THENCE S. 88' 12' 19' E. u distonce of 36&20 feet to an OJD Cap s..t to• the northeast comer
of this Iraq.
THENCE S. 01' 44' 07" vt, •a distance cl 400.00 feet to an OJD Cop set at the northeast corner
of sold access casement for the southeast corner of this trail.
THENCE N. 8B' 12' 19" W,•. with the north line of said access eosment, a distonce. a! 372 82 lec•t
to the place of BEGINNING oral canfaihine 3.40 acres of land
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS,
that 1, Richard E Johnson, Registered
COUNTY OF COLLINCSWORTH Professional Land Surveyor, do hereby
certify that I did cause to be surveyed
on the ground the tract of land shown on this plot, and to the best
of my knowledge and belief, the said description is true and correct
IN WITNESS THEREOF, my hand and seal, this the 31st day of December,
A.D., 201Z
PROPOSED 25' WOE ACCESS
EASEMENT TO INDIANA AV£NL
aw
,
o,
o 0
w
o rr
i
U k
I VOL 5911, Pf.' 140
ti
Richard E Johnson "I r
Registered Professional
Land Surveyor 714263
A Plot of 3.40 Acres
Situated in Section 21, Block E — 2, Lubbock County, Texos
SCALE. I" - 100'
APPROVED BY
DRAWN BY CT
DATE: Dec. 31. 2012
FILE NAIVE.
®
OJD Engineerinq, L.P. 8P0. B 503
D. o. 54;s
Consullinq Engineers & Surveyors. Texas 79095
OR�WING JJUbB£R