HomeMy WebLinkAboutOrdinance - 2013-O0114 - Zone Case 3129 B - 11/21/2013First Reading
November 21, 2013
Item No. 6.2
ORDINANCE NO. 2013-00114
Second Reading
December 12, 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. 3129-11; A ZONING CHANGE FROM T TO IHC
ZONING DISTRICT ON 5.464 ACRES OF UNPLATTED LAND OUT OF BLOCK
AK, SECTION 35, 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.3129-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 T to IHC zoning district on 5.464 acres
of unplatted land out of Block AK, Section 35, City of Lubbock, Lubbock
County, Texas located at 6508 Marsha Sharp Freeway, subject to conditions and
being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT prior to a construction permit, the Planning Commission shall
review a complete site plan along with proposed construction
materials and building elevations.
2. THAT during the site plan review process, the developer shall present
a project that does not allow patrons of the commercial compound to
use 591h Street and/or Santa Fe Drive in the existing subdivision (Pine
Grove Estates) to the west for access from Upland Avenue.
3. THAT the Planning Commission shall review and approve a
driveway/access plan prior to any new construction for City
maintained streets.
4. THAT the requestor provide the City Engineer with verification that
a successful rail crossing has been approved by the owner of the rail
line that skirts the south and east of the 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 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.
Zone Case No.3129-B
page - 2 of 3
AND IT IS SO ORDERED.
Passed by the City Council on first reading on November 21, 2013
Passed by the City Council on second reading on December 12, 2013
ATTEST:
Reb cca Garza, City Sec
APPROVED AS TQ�CONTENT:
Andrew Paxton, Director of Planning
APPRO ED AS TO
a= FORM:
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/ZC3129-B
November 5, 2013
GIC. ROBERTSON, MAYOR
Zone Case No. 3129-B
page - 3 of 3
PLAT OF SURVEY
ON
A 6.13 ACRE TRACT, A 0.199 ACRE TRACT AND A 1701 SQ.FT. TRACT
BEING OUT OF TRACT 8, LOWERY SUBDIVISION OF
SECTIONS 35,36,37 AND 38, BLOCK A-K AND SECTION 28,
BLOCK E-2, LUBBOCK COUNTY, TEXAS
(AS RECORDED IN VOLUME 576, PAGE 35, DEED RECORDS)
0
rn
(Vol. 1956 Pg.865)
50.00'
0
r`
115.94'
TRACT ''A''
Nater Rampage
Addition
(P&D 2010036922)
P.C.B. Tract 3 —
(50'ACCESS EASEMENT)
FROM THIS POINT THE
N.E. COR. OF TRACT 8
LOWERY SUB'D. BEARS
EAST, 621.73' AND
N 0° 08'21" E, 1932.42'
N 0° 07'53" E
50.00'
00
rn
04
V)
w
0
0
Z
Tract 8, Lowery Sub'd.
(Recorded Plot Vol. 576, Pg. 35))
OF LAND
SECTION 35 BLOCK A-K
(Vol. 5679 Pg. 114)
EAST -WEST 573.57'
SET /z" ROD W/CAP Reference Brg.
P.O.B. Tract 1—
FROM THIS POINT THE
N.E. COR. OF TRACT 8
LOWERY SUB'D. BEARS
EAST, 48.29AND
N 0" 08'21" E. 1405.43'
All of Tract 8, Lowery Subdivision is P.O.B. Tract 2 —
subject 10 o Right of Way and Easement
(Irrigation Group Line) FROM THIS POINT THE
Vol. 1245, Pg. 630 N.E. COR. OF TRACT 8
LOWERY SUB'D. BEARS
N 0° 08'21" E, 1561.00'
"IV h
O
Ai,\�•
� S
C:'
/
/
• �9-, z"
N 89° 58'51" W 207.57' g C 9+ Q'
00
TRACT 3 0.199 Ac. / N
50' ACCESS ESMT.
�.. N 89° 58'S1" W
30' Drainage k'Utlhty Esmt. /
0- �D /
'S, /
,0 S /
TRACT 1
5.265 Ac.
I
AI
IIUI
�s
' r
ui
in I�
�
I
IF
/
N c
I
r
W<
w c,
/
I�
O nl
ICI
F-Ivl
ICI
zl I
JI I
v)
N
I
Qo;
I
rn� <c/
• I
N� h �ryo
I
o `?
2
•
d'
• C,
ro
FD. PIPE `►�� / / `w ® E
/ s
/ SCALE 1" - 100'
/ PLAT DATE: 4-10-13
/ Q= FD. I/2" ROD
/ WITH CAP
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
Page 1 of 2
TRACT 1
FIELD NOTES on a 5.265 acre tract of land being out of Tract 8, Lowery Subdivision of Sections 35,36,37 and 38, Block A-K and
Section 28, Block E-2, Lubbock County, Texas (as recorded in Volume 576, Page 35, Deed Records) and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with cap, found for the Northeast corner of this 5.265 acre tract, whence the Northeast corner of Tract
8, Lowery Subdivision bears East, 48.29 feet and North 0°08'21" East, a distance of 1405.43 feet;
THENCE Southwesterly along the arc of a curve to the right and being the Westerly, right of way line of the West Texas and Lubbock
Railroad, a distance of 522.04 feet to a .1%2"iron rod with cap, found for a corner of this 5.265 acre tract, said curve having a radius of
1223.24 feet and a chord that bears South 30°03'55" West, a distance of 518.09 feet;
THENCE South 53°51'54" West, along the Northwesterly right of way line of the West Texas and Lubbock Railroad, a distance of
133.36 feet to a 1/2" iron rod with cap, found for the Southeast corner of this 5.265 acre tract;
THENCE North 89058'51" West, a distance of 207.57 feet to a'/2" iron rod with cap, found for the Southwest corner of this 5.265
acre tract;
THENCE North 0107'53" East, a distance of 526.98 feet to a 1/2" iron rod with cap, set for the Northwest corner of this 5.265 acre
tract;
THENCE East, a distance of 573.57 feet to the point of beginning.
CONTAINING 5.265 acres of lance -
TRACT 3
50 FOOT ACCESS;fASEMENT
FIELD NOTES on a 0.199 acre tract of land being out of Tract 8, Lowery Subdivision of Sections 35,36,37 and 38, Block A-K and
Section 28, Block E-2, Lubbock County, Texas (as recorded in Volume 576, Page 35, Deed Records) and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with cap, found for the Northwest corner of this 0.199 acre tract and being the Southwest corner of a
5.265 acre tract, whence the Northeast corner of Tract 8, Lowery Subdivision bears East, a distance of 621.73 feet and North
0°08'21" East, a distance of 1932.42 feet;
(806) 792-4731 • Fax (806) 792-1646 •3330 70th Street, Suite 201 • Lubbock, Texas 7941337,544
i
WILSON SURVEYING CO. INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
Page 2 of 2
THENCE South 89158'51" East, along the South line of said 5.265 acre tract, a distance of 207.57 feet to a'/2" iron rod with cap,
found for the Northeast corner of this 0.199 acre tract and being the Southeast corner of said 5.265 acre tract;
THENCE South 54100'37" West, along the Northwesterly right of way line of the West Texas and Lubbock Railroad, a distance of
85.10 feet to a 1" iron pipe, found for the Southeast corner of this 0.199 acre tract;
THENCE North 89158'51" West, a distance of 138.70 feet to a'/2" iron rod with cap, found for the Southwest corner of this 0.199
acre tract and being the Southeast corner of Tract "A", Water Rampage Addition;
THENCE North 0107'53" East, along the East line of said Tract "A", Water Rampage Addition, a distance of 50.00 feet to the point of
beginning.
CONTAINING 0.199 acres of land.
Bearings are based on the North line of Tract "A", Water Rampage Addition as being East-West as shown on recorded plat P&D
2010036922.
A survey plat of even survey date herewith accompanies this legal description.
Surveyed on the ground February, 2013
FB#477, PG.3
37544.doc
# 37, 544
(806) 792-4731 • Fax (806) 792-1646. 3330 70th Street, Suite 201 • Lubbock, Texas 79413