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Home My WebLink AboutOrdinance - 2013-O0046 - Zone Case 3047-F - 06/27/2013First Reading May 1, 2013 Item No. 6.4 ORDINANCE NO. 2013-00046 Second Reading JuIW, 27 a 2013 Item No. 5.17 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3047-F; A ZONING CHANGE FROM CB-3 SPECIFIC USE TO C-3, ON 16.714 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 23, LUBBOCK, TEXAS; 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 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.3047-F SECTION 1. THAT 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 CB-3 Specific Use to C-3 on 16.714 acres of unplatted land out of Block E-2, Section 23, City of Lubbock, Lubbock County. Texas, located at south of 1141h Street and west of Quaker Avenue, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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 CB-3 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 40.03.3101-40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as south of 114th Street and west of Quaker Avenue, 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 May 1, 2013 Passed by the City Council on second reading on Afhe - 27, 2013 ATTEST: r 0-0 Rebe ca Garza, City Secretar GLE; ON. MAYOR Zone Case No. 304 -F page -2of3 APPROVED AS TO CONTENT: Andrew Paxton, Interim Director of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/CityAtt/Ch adiZones/ZC3047-F April 4, 2013 Zone Case No. 304"-F page - 3 of 3 Section 22, Block E-2 ZONE CHANGE REQUEST GRAPHIC N2THEAST 23, BLOCK E March 11, 2013 , HUGO REEC Z AND ASSOCIATES, INC O LAND SURVEYORS 1601 AVENUE P 2 CIVIL ENGINEERS LUBBOCK, TEXAS 7940 TEXAS UCENSEO SURVEYING FIRM 10WOM PHONE: 806 / 763.564: Not to Scale T�5 REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-389, HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 / FAX 806/763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS Proposed C-3 Zoning METES AND BOUNDS DESCRIPTION of a 16.714 acre tract of land located in Section 23, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northeast corner of this tract, same being the Northeast corner of Section 23, Block E-2, Lubbock County, Texas; THENCE S. 01049'12" W., along the East line of said Section 23, an approximate distance of 860.9 feet to a point for a corner of this tract; THENCE N. 88010'58" W. an approximate distance of 561.2 feet to a point for the most Southerly Southwest corner of this tract; THENCE N. 43010'48" W. an approximate distance of 33.8 feet to a point for the most Westerly Southwest corner of this tract; THENCE N. 01049'12" E. an approximate distance of 107.8 to a point of curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 100 feet, a central angle of 45000'34", tangent lengths of 41.4 feet and a approximate chord distance of 76.6 feet to a point of tangency; THENCE N. 43011'22" W. an approximate distance of 637.4 feet to a point for the most Westerly Northwest corner of this tract; THENCE N. 01 046'08" W., an approximate distance of 177.6 feet to a point in the North line of said Section 23, Block E-2, for the Northwest corner of this tract; THENCE S. 88013'52" E., along the North line of said Section 23, Block E-2, an approximate distance of 1094.6 feet to the Point of Beginning. PREPARED FOR ZON CHANGE DESCRIPTION PURPOSES ONLY U.I Section 22, Block E-2 ZONE CHANGE REQUEST GRAPHIC NNT IS THE NORTHEAST OF SECTION 23, BLOCK E - 2 March 11, 2013 HUGO REED Z AND ASSOCIATES, INC. O LAND SURVEYORS 1601 AVENUE N = CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM IDDS76-00 PHONE: 806 / 763-5642 Not t0 Scale TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 8061763-3891 LAND SURVEYORS CIVIL ENGINEERS HUGO 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 Proposed C-3 Zoning METES AND BOUNDS DESCRIPTION of a 16.714 acre tract of land located in Section 23, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northeast corner of this tract, same being the Northeast corner of Section 23, Block E-2, Lubbock County, Texas; THENCE S. 01049'12" W., along the East line of said Section 23, an approximate distance of 860.9 feet to a point for a corner of this tract; THENCE N. 88010'58" W. an approximate distance of 561.2 feet to a point for the most Southerly Southwest corner of this tract; THENCE N. 43010'48" W. an approximate distance of 33.8 feet to a point for the most Westerly Southwest corner of this tract; THENCE N. 01049'12" E. an approximate distance of 107.8 to a point of curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 100 feet, a central angle of 45000'34", tangent lengths of 41.4 feet and a approximate chord distance of 76.6 feet to a point of tangency; THENCE N. 43011'22" W. an approximate distance of 637.4 feet to a point for the most Westerly Northwest corner of this tract; THENCE N. 01 046'08" W., an approximate distance of 177.6 feet to a point in the North line of said Section 23, Block E-2, for the Northwest corner of this tract; THENCE S. 88013'52" E., along the North line of said Section 23, Block E-2, an approximate distance of 1094.6 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY