HomeMy WebLinkAboutOrdinance - 2013-O0064 - Zone Case 3095-B - 07/11/2013First Reading
,June 27, 2013
Item No. 6.2
Second Reading
July 11, 2013
Item No. 5.16
ORDINANCE NO. 2013-00064
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3095-B; A ZONING CHANGE FROM IHC TO A-3
ZONING DISTRICT ON 9.566 ACRES OF UNPLATTED LAND OUT OF BLOCK
A, SECTION 22, 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.3095-B
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 IHC to A-3 zoning district on 9.566
acres of unplatted land out of Block A, Section 22, City of Lubbock, Lubbock
County, Texas located at southeast corner of North Utica Avenue and North
Loop 289, 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 screening fence to the South adjacent to the R-3 (Mobile
home park) will be required.
2. THAT the screening fence requirement along the east property line
shall be waived.
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 No1100
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 Tine 97, 2011
Passed by the City Council on second reading on July 11, 2013
GI,j�WeAdITMRTSON, MAYOR
ATTEST:
Rebe ca Garza, City Secret
'!APPROVED AS TO CONTENT:
Andrew Paxton, Interim Director of Planning
APP D A TO FORM:
Chad Weaver
Assistant City Attorney
vwlCityAtt/Chad/Zones1ZC3095-B
June 6, 2013
Zone Case No.3095-B
page - 2 of 2
METES AND BOUNDS DESCRIPTION of a 9.566 acre tract of land located in Section 22, Block A,
Lubbock County, Texas, begin further described as follows:
BEGINNING at a 1/2" iron pipe found in the Southeast right-of-way line of Loop 289 as recorded in Volume
675, Page 187 and Volume 743, Page 249 of the Deed Records of Lubbock County, Texas, at the Northwest
corner of this tract, which bears North a distance of 3518.81 feet and East a distance of 2672.12 feet from the
Southwest corner of Section 22, Block A, Lubbock County, Texas;
THENCE N. 53005'32" E., along said Southeast right-of-way line, a distance of 930.57 feet to a 1/2" iron rod
found in the West line of a 226.00 acre tract of land owned by Texas Tech University ( no document found ) at
the Northeast corner of this tract;
THENCE S. 00002'29" W., along the West line of said 226.00 acre tract, a distance of 880.02 feet to a 1/2"
iron pipe found at the Northeast corner of a 20 foot alley granted by plat recorded in Volume 1301, Page 765
of the Deed Records of Lubbock County, Texas, and the Southeast corner of this tract;
THENCE N. 89059'27" W., along the North line of said alley, at 20 feet pass the Northwest corner of said alley
and the Northeast corner of Lot 22, La Fiesta Estates, an Addition to the City of Lubbock, Lubbock County,
Texas, as recorded in Volume 1301, Page 765 of the Deed Records of Lubbock County, Texas, continuing
along the North line of said Lot 22, for a total distance of 120.00 feet to a 1/2" iron rod with cap set in the East
right-of-way line of North line of Toledo Avenue granted by plat as recorded in Volume 1301, Page 765 of the
Deed Records of Lubbock County, Texas, for the Northwest corner of said Lot 22, and a corner of this tract;
THENCE N. 00000'33" E., along said East right-of-way line, a distance of 10.00 feet to a 1/2" iron rod with
cap set for the Northeast corner of said North Toledo Avenue, and for an ell corner of this tract;
THENCE N. 89059'27" W., along the North right-of-way line of said North Toledo Avenue, at 56.00 feet pass
the Northwest corner of said North Toledo Avenue and the Northeast corner of a 20 foot alley granted by plat
recorded in Volume 1301, Page 765 of the Deed Records of Lubbock County, Texas, continuing along said
North alley line, for a total distance of 152.01 feet to a 1/2" iron pipe found at a point of intersection;
THENCE S. 53002'56" W., continuing along said alley line, a distance of 190.26 feet to a 1/2" iron rod found
in the Northeast right-of-way line of Utica Drive as granted by plat recorded in Volume 1301, Page 765 of the
Deed Records of Lubbock County, Texas, at the Southwest corner of this tract;
THENCE N. 36053'32" W., along said Northeast right-of-way line, a distance of 361.06 feet to a 1/2" iron pipe
found at a point of curvature;
THENCE Northeasterly, continuing along said Northeast right-of-way line, around a curve to the right, said
curve having a radius of 15.00 feet, a central angle of 900, a chord distance of 21.21 feet, and a chord bearing
of N. 08005'53" E. to a 1/2" iron pipe found at a point of intersection;
THENCE N. 36053'32" W., continuing along said Northeast right-of-way line, a distance of 56.00 feet to a
1/2" iron pipe found at a point of intersection;
THENCE Northwesterly, continuing along said Northeast right-of-way line, around a curve to the right, said
curve having a radius of 15.00 feet, a central angle of 90°, a chord distance of 21.21 feet, and a chord bearing
of N. 81 °52'33" W. to a 1/2" iron pipe found at a point of tangency;
THENCE N. 36053'32" W., continuing along the Northeast right-of-way line, a distance of 85.00 feet to the
Point of Beginning.
Contains: 416,695 square feet