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Home My WebLink AboutOrdinance - 2013-O0084 - Zone Case 2816-D - 09/10/2013First Reading August 22, 2013 Item No. 6.4 ORDINANCE NO. 2013-00084 Second Reading September 10, 2013. Item No. 6.7 1 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2816-D; A ZONING CHANGE FROM C-3 TO A-2 ZONING DISTRICT ON 9.697 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 4, 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 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.2816-D 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 C-3 to A-2 zoning district on 9.697 acres of unplatted land out of Block E, Section 4, City of Lubbock, Lubbock County, Texas located at 1600 82"d 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 buildings adjacent to R-1 be limited to one story apartments. 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 August 22,. 2013 Passed by the City Council on second reading on 9P= tPmhPr 10, 2011 G C. :RTSON, MAYOR 14X ATTEST: ]p '* 0.0- - ( Reb cca Garza, City Secre ary APPROVED AS CONTENT: ZZ Andrew Paxton, Director of Planning Zone Case No. 2816-D page -2of3 APPROVED.AS TO ORM: Chad Weaver Assistant City Attorney vw `CityAtt/ChadlZoneslZC2816-D August 08, 2012 Zone Case No. 2816-D page - 3 of 3 EXHIBIT A Location Address: The Lubbock Central Appraisal District denotes the address as 1600 82"d Street, Lubbock, Texas provided; however, it is believed the property does not technically have a legal address assigned as the Property has not been duly platted. Legal Description: METES AND BOUNDS DESCRIPTION of a 9.697 acre tract of land located in Section 4, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap found in the North right-of-way line of 82nd Street as described in Volume 6157, Page 106 of the Real Property Records of Lubbock County, Texas, which bears N. 00"04'l2" W. a distance of 82.19 feet and S. 89'56'17" W. a distance of 67.70 feet from the Southeast corner of Section 4, Block E, Lubbock County, Texas; THENCE S. 89056'17" W., along said North right-of-way line, a distance of 616.11 feet to a 1/2" iron rod with cap set in the East line of a 20 foot alley as described in Volume 6958, Page 94 of the Real Property Records of Lubbock County, Texas for the Southwest corner of this tract, from whence a found 1/2" iron rod with cap bears S. 89*56'17" W. a distance of 10.00 feet; THENCE N. 0000P51" W., along said East alley line, a distance of 640.20 feet to a 1/2" iron rod with cap set for the most Westerly Northwest corner of this tract; THENCE N. 4405713" E., continuing along said East alley line, a distance of 14.15 feet to a 1/2" iron rod with cap set in the South line of said 20 foot alley for the most Northerly Northwest corner of this tract; THENCE N. 89056'17" E., along said South alley line, a distance of 641.37 feet to a 1/2" iron rod with cap found in the West right-of-way line of Avenue "P" as described under County Clerk File No. 2007023000 of the Official Public Records of Lubbock County, Texas for the Northeast corner of this tract; THENCE S. 00004'12" E., along said West right-of-way line, a distance of 395.30 feet to a 1/2" rod found at a point of intersection; THENCE S. 02002'52" W., continuing along said West right-of-way line, a distance of 150.10 feet to a 1/2" rod found at a point of intersection; THENCE S. 00002'38" W., continuing along said West right-of-way line, a distance of 74.95 feet to a 1/2" rod found at a point of curvature; THENCE Southwesterly continuing along said West right-of-way line, around a curve to the right, said curve having a radius of 30.00 feet, a central angle of 89°53'39", tangent lengths of 29.94 feet and a chord distance of 42.39 feet to the Point of Beginning. Contains: 422,410 square feet. PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY. Exhibit A Sheet 1 of 1 �4 .5 8 �Zm _�� 9 v5 9b •� � �z� �.� �� ,OF � � � � 4 4 N � � a Tm •� m� 7 gagc C r r 3 9 g v; 1-5 pR R � Wye R R P9 . 0 o��< �� FP.11.11 $4-�� u CN a W� o.0 o z I a I V1 I I I , 01 � rl h r u-41 � , I i da888 1 r I F2fn WW ' Yy �I I V000-- ------------- I L J cIJJL- ;I I I lu m�ll g