HomeMy WebLinkAboutOrdinance - 2018-O0099 - Zone Case 2968-B - 08/23/2018First Reading
August 9, 2018
Second Reading
August 23, 2018
Item No. 7.13 Item No. 7.10
ORDINANCE NO. m t R_nnn99
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2968-11; A ZONING CHANGE
FROM GO TO AM ZONING DISTRICT ON 2.5 ACRES OF UNPLATTED LAND
OUT OF BLOCK E-2, SECTION 17, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO REQUIREMENTS; 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 2040 Interim Future Land Use Plan is a guide to help the
Lubbock Planning and Zoning Commission and the 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 2040 Interim Future Land
Use Plan, which protects the 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 §21 l .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.2968-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 GO to AM zoning district on 2.5 acres
of unplatted land out of Block E-2, Section 17, City of Lubbock, Lubbock
County, Texas located at 3901 9811 Street, subject to requirements, and being
further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING REQUIREMENTS:
1. THAT no parking areas or vehicular travel ways shall be allowed
between the building and rear fence.
2. THAT site lighting shall be dark -sky compliant and "full cut-off'
design (downward pointing lights).
3. THAT photometric study shall be submitted with the building permit
plans and study shall illustrate minimal lighting impact to the
neighboring residential.
4. THAT no grease traps shall be permitted at the rear of the buildings.
5. THAT no windows above the first floor shall be allowed on the south
wall of any building.
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 August 9, 2018
Passed by the City Council on second reading on August 23, 2018
DANIEL M. POPE, MAYOR
Zone Case No. 2968-8
page-2 of
ATTEST:
Reb cca Garza, City Secret ry
APPRVED AS TO CONTENT:
AJ Fawver, Director of Planning
APPROVED AS TO FORM:
r
Justi . P uitt, Assistant City attome
vwfcilyAAIJ=iW.un s2Q968-13
July 5, 2018
Zone Case No. 2968-8
page - 3 oj3
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N I LUBBOCK. TEXAS 79401 1 8061763.5642 1 FAX $061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of an approximate 1.3 acre tract of land located in Section 17, Block E-2,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the South right-of-way line of 98th Street and the centerline of Miami Avenue, for the
Northeast corner of this tract which bears West an approximate distance of 300.0 feet and South an approximate
distance of 55.0 feet from the Northeast corner of said Section 17;
THENCE South, along said centerline, an approximate distance of 151.0 feet to a point for the Southeast corner of
this tract;
THENCE West, at approximately 38.0 feet pass a point in the North line of a 20 foot alley, continuing along the
North line of said alley, an approximate total distance of 377.6 feet to the Southwest corner of this tract;
THENCE North an approximate distance of 151.0 feet to a point in the South right-of-way line of said 98th Street for
the Northwest comer of this tract;
THENCE East, along said South right-of-way line, at an approximate distance of 334.6 feet pass the West right-of-
way line of said Miami Avenue, continuing along the said South right-of-way line a total distance of 377.6 feet to the
Point of Beginning.
PREPARED FOR ZONE CHANGE PURPOSES ONLY. DOES NOT REPRESENT A SURVEY.
Prepared for James Morgan, Ltd.
April 25, 2018
HUGO REED AND ASSOCIATES, INC.
EM 1601 AVENUE N I LUBBOCK. TEXAS 79401 1 8061763-5642 1 FAX 8061763-3091
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676.00
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of an approximate 1.2 acre tract of land located in Section 17, Block E-2,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the South right-of-way line of 98th Street for the Northeast corner of this tract which bears
West approximately 956.3 feet and South approximately 58.5 feet from the Northeast corner of said Section 17;
THENCE South an approximate distance of 188.9 feet to a point in the North line of a 20 foot alley for the
Southeast corner of this tract;
THENCE West, along the North line of said alley, an approximate distance of 363.7 feet to the Southwest corner of
this tract;
THENCE North an approximate distance of 86.1 feet to a point of intersection in the South right-of-way line of 98th
Street for the Northwest corner of this tract;
THENCE N. 68057'10" E., along said South right-of-way line, an approximate distance of 129.3 feet;
THENCE Northeasterly, continuing along said South right-of-way line, along a curve to the right, said curve having
an approximate radius of 900.0 feet, a central angle of 15°5558", approximate tangent lengths of 126.0 feet, an
approximate chord distance of 249.5 feet and a chord bearing of N. 76055'12" E. to the Point of Beginning.
PREPARED FOR ZONE CHANGE PURPOSES ONLY. DOES NOT REPRESENT A SURVEY.
Prepared for James Morgan, Ltd.
April 25, 2018