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Home My WebLink AboutOrdinance - 2011-O0028 - Overton Park Addition - 03/22/2011First Reading March 22, 2011 Item No. 6.1 ORDINANCE NO. 2011-00028 Second Reading April 14, 2011 Item No. 5.12 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING HANGES: ZONE CASE NO. 1897-B; A ZONING CHANGE FROM CB-2 PECIFIC USE TO A-3 SPECIFIC USE ON 4.3 ACRE TRACT OF LAND OUT OF RACT 3A-1, OVERTON PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO ONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE ND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly :sented to the Planning and Zoning Commission for its recommendation which was eived by the City Council and, after due consideration, the City Council found that due changed conditions, it would be expedient and in the interest of the public health, ety and general welfare to make those proposed changes in zoning; and WHEREAS, the 1986 Comprehensive Land Use Plan as amended is a guide to e Lubbock Planning and Zoning Commission and City Council determine the J development of the community; however, planning is a continuous process and is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council gnize that the zone change is a minor deviation from the 1986 Comprehensive Land Plan as amended, which protects public and private commitments that have been ,iously based on the Plan; and WHEREAS, all conditions precedent required by law for a valid amendment to Zoning Ordinance and Map have been fully complied with, including giving notices compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock, (as, and the notices provided by the Texas Local Government Code §211.007 -mon, 1990), and notice was duly published in the Lubbock Avalanche -Journal more n fifteen (15) days prior to the date of the public hearing before the City Council on :h proposed amendment, and the public hearing according to said notice, was held in City Council Chamber of the Municipal Building, Lubbock, Texas, at which time sons appeared in support of the proposal; and after said hearing, it was by the City uncil determined that it would be in the public interest, due to changed conditions, that Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set th in the body of this Ordinance and this Ordinance having been introduced prior to ;t reading hereof; NOW THEREFORE: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. d as follows: ZONE CASE NO. 1897-B THAT Ordinance No. 7084 and the Official Zoning Map are A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from CB-2 Specific Use to A-3 Specific Use on 4.3 acre tract of land out of Tract 3A-1, Overton Park Addition, City of Lubbock, Lubbock County, Texas, located at northwest corner of Mac Davis Lane and Avenue X, subject to conditions, and being further described as follows: SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT this zone change is tied to the proposed site plan and elevations with the ability for minor adjustments. SECTION 2. THAT the granting of this specific use zoning is hereby made abject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, icluding particularly, but not limited to, Section 40.03.3102 of the Codified Zoning Irdinance, which provides that a Building Permit shall be applied for and secured within iirty (30) months of the effective date of the zone change or all undeveloped property call automatically revert back to the previous zoning classification, which in this case is ie CB-2 Specific Use zone district; and if such reversion occurs, the Director of lanning is directed to remove from the Zoning Map the legend indicating such specific se. The Specific Use authorized by this Ordinance is permitted under provision of ection 40.03.3103(x) of Codified Zoning Ordinance No. 7084 on the property described 3 northwest corner of Mac Davis Lane and Avenue X, City of Lubbock, Lubbock 'ounty. Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars 62,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of ubbock. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of is Ordinance be declared unconstitutional or invalid for any reason, the remainder of is Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publication f 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 March 22, 2011 Passed by the City Council on second reading on April 14, 2011 TOM MARTIN, MAYOR Zone Case No. 1897-B page -2of3 .TTEST: City Secretary AS TO CONTENT: A SOY - of Planning AS TO FORM: Weaver lant City Attorney Zone Case No. 1897-B page-3 of 3 Ordinance No. 2011-00028 W J MARSHA SHARP FREEWA Y I I I I I I I IImoor w r�rWw �ory I I I a—�' — — — — -- EAST -WEST 343.2' Ira ( I IPORTION GF TRACT 3A-1 I � I o Nl 0. N� Wf/I� O a E-W coxI-�, 4.0' �Na 0 O REQUESTED A-3 SPECIFIC USE (APPROX. 4.3 ACRES) Z EAST -WEST 322.0' MAC DAWS LANE Eq O Z At Q R=84.0' 0=30"20'13" T=22.8' CH=44.0' IT wrm-1 I rmcrt 9 I REQUESTED A 3 SPECIFIC HUGO REED AND ASSOCIATES. INC. LAND SURVEYORS 1601 AVENUE N USE ZONING CIVIL ENGINEERS ?WI axMucaa®tutrarNogasmirsoo PHONE. 00617636612 mwgeogsow"Kamsorwrm FAX'W6/703-Ml Ordinance No. 2011-00028 LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK. TEXAS 7UDI 180&7B 21 FAX 80&783.3881 TEXAS REGISTERED ENGINEERING FIRM F-780 TEXAS LICENSED SURVEYING FIRM 100878-00 PROPOSED A-3 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 4.3 acre tract of land located in Section 6, Block 0-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North right-of-way line of Mac Davis Lane, which bears East, approximately 210.8 feet from the most Southerly Southwest comer of Tract 3A-1, Overton Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded under County Clerk File Number 2009009993, Official Public Records of Lubbock County, Texas; THENCE North, an approximate distance of 70.0 feet to a point; THENCE West, an approximate distance of 4.0 feet to a point; THENCE North, an approximate distance of 457.0 feet to a point in the South line of a 20 foot alley; THENCE East, along the South line of said 20 foot alley, an approximate distance of 343.2 feet to a point in the West right-of-way line of Avenue "X"; THENCE S. 45100'00" E., along said West right-of-way line, an approximate distance of 14.1 feet to a point; THENCE South, continuing along said West right-of-way line, an approximate distance of 482.5 feet to a point of intersection; THENCE Southwesterly, continuing along said West right-of-way line, along a curve to the left, said curve having a radius of approximately 84.0 feet, a central angle of approximately 30"20'13", tangent lengths of approximately 22.8 feet and a chord distance of approximately 44.0 feet to a point of intersection in the North right-of-way line of said Mac Davis Lane; THENCE West, along said North right-of-way line, an approximate distance of 322.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY AND SHALL NOT BE RECORDED IN THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY FOR ANY PURPOSE.