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Home My WebLink AboutOrdinance - 2013-O0101 - Zone Case 3116-C - 10/24/2013First Reading October 24, 2013 Item No. 6.9 ORDINANCE NO. 2013-00101 Second Reading November 7, 2013 Item No. 5.23 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3116-C; A ZONING CHANGE FROM GO AND R-1 SPECIFIC USE TO A-2 ZONING DISTRICT ON 11.008 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, 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.3116-C 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 and R-1 Specific Use to A-2 zoning district on 11.008 acres of unplatted land out of Block AK, Section 4, City of Lubbock, Lubbock County, Texas located at west of Indiana Avenue and south of 1351h 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 screening fence requirement shall be waived to the north and west adjacent to residential zoned property. 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 October 24 2013 Passed by the City Council on second reading on November 7, 2013 ATTEST: qRecca Garza, City Se et Zone Case No. 3116-C page - 2 of 3 APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney 2/1 V3A / V VGIVI * � / q - : ! e m = § - n 2 @ 2 ! m K m n n m n m E m m - m n = - _ _ @ � ■ a ! a e @ ! ! , � e k n � , m e ■ ■ MEOw3 A J is & ® ■ � � ■ \ g 2 � 2 @ - " R ` k Is ` / " k ~ , ■ � m - �� / -�, $ + O(7NN ±SHN ± 2 §)§§ ƒ \ e§t§ q ° §� q� 3w■■ 6M !0 J 5§■ 2 5 ; 5511 (D � z 0 Z LL 0 CL N < < w z U) 0 0 0- 0 � � PROPOSED A-2 ZONING LOCATED NOT TO SCALE IN SECTION 4, BLOCK A-K NO2'01'4 i 54.84' R-500.00' & 14'42'40" / T-64.54' CH-128.03' CB-NO9'23'06"E CH-130.22' CB-NO9'15'29"E P 1� g Adjocent Tioct Vol 6883, Pg. 333 R-600.00' A-05'27' 17" T-28.58' CH-57.10' CB-S85'14'35"E A-2 12.0 ACRES N88-13'29"W 485.73' THIS POINT BEARS S01'45'55"W 1647.55' 81 N87'58'13"W 57.35' FROM THE NORTHEAST CORNER OF SECTION 4. BLOCK AK c� h b 0 3 HUGO REED AND ASSOCIATES. INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUMOCK, TEXAS 79401 TEXl9 L10ENEEO SUAVEYNG iqY lOGlbpE PHONE:80617631W TEal9EEW5iEAEGE"OMEEF1-ll"FaED FAX: 8061763-3891 HUGO REED AND ASSOCIATES, INC. pff9m] 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061783-5642 I FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED A-2 ZONING METES AND BOUNDS DESCRIPTION of an 11.008 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of a right-of-way easement as described in Volume 1486, Page 905 of the Deed Records of Lubbock County, Texas, for the Northeast corner of this tract which bears S. 01 °45'55" W. a distance of 1647.55 feet and N. 87058'13" W. a distance of 57.35 feet from the Northeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE S. 02°01'47" W., along said West easement line, a distance of 994.01 feet to a point in the Northern boundary of a 118.6 acre tract as described in Volume 6883, Page 333 of the Real Property Records of Lubbock County, Texas, at the Southeast corner of this tract; THENCE N. 88'13'29" W., along the Northern boundary of said 118.6 acre tract, a distance of 485.73 feet to point for the Southwest corner of this tract; THENCE N. 01 046'31" E. a distance of 687.89 feet to a point of curvature; THENCE Northeasterly, around a curve to the right, said curve having a radius of 500.00 feet, a central angle of 14057'55", tangent lengths of 65.67 feet, a chord bearing of N. 09'15'29" E. and a chord distance of 130.22 feet to a point of reverse curvature; THENCE Northeasterly, around a curve to the left, said curve having a radius of 500.00 feet, a central angle of 14°42'40", tangent lengths of 64.54 feet, a chord bearing of N. 09°23'06" E. and a chord distance of 128.03 feet to a point of tangency; THENCE N. 02'01'47" E. a distance of 54.84 feet to a point for the Northwest corner of this tract; THENCE Southeasterly, around a curve to the left, said curve having a radius of 600.00 feet, a central angle of 05027'17", tangent lengths of 28.58 feet, a chord bearing of S. 85014'35" E. and a chord distance of 57.10 feet to a point of tangency; THENCE S. 87058'13" E. a distance of 398.96 feet to the Point of Beginning. Contains: 11.008 Acres Bearings are relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are Surface, U.S. Survey Feet. PREPARED FOR ZONE CHANGE REQUEST ONLY; NOT TO BE USED FOR ANY LAND TITLE TRANSACTION.