HomeMy WebLinkAboutOrdinance - 2014-O0101 - Zone Case 3231 - 07/10/2014First Reading
June 26, 2014
Item No. 6.3
ORDINANCE NO. 2014-00101
Second Reading
July 10, 2014
Item No. 6.18
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3231; A ZONING CHANGE FROM R-1 TO A-2
ZONING DISTRICT ON 14.13 ACRES OF UNPLATTED LAND OUT OF BLOCK
AK, SECTION 44, 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. 3231
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 R-1 to A-2 zoning district on 14.13 acres
of unplatted land out of Block AK, Section 44, City of Lubbock. Lubbock
County, Texas located at east of Juneau Avenue and south of 26th 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 6' tall screening fence be waived to the south and west 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on _ June 26, 2014
Passed by the City Council on second reading on
ATTEST:
eb -ca Garza, City SEcret'�
July 10, 2014
f
Ji r
erlt, Mayor Pro Tem
Zane Case No. 3231
page - 2 of 3
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
Chad Weaver, City Attorney
vw CityAtt/Chad'ZonesrZC3231
June 3, 2014
Zone Case No. 3231
page - 3 of 3
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Rezone to A2
METES AND BOUNDS DESCRIPTION of a 14.13 Acres (615,714 sq. ft.) tract of land
out of Section 44, Block AK, Lubbock County, Texas and being a portion of that tract of
land described in County Clerk File Number 2008037317, of the Official Public Records
of Lubbock County, Texas and being more particularly described as follows;
Beginning at a 1/2" iron rod with orange cap (AMD ENG), set in Juneau Avenue for the
most Westerly Southwest corner of this tract, whence the Southeast corner of Section 44,
Block AK bears S02°25'15"W, a distance of 1765.66 feet and S87°34'45"E, a distance of
3506.74 feet and the Northwest corner of Tract "A", XNO Addition to the City of
Lubbock, Lubbock County, Texas, recorded in County Clerk File Number 2013025115,
Official Public Records of Lubbock County, Texas, bears S02°25'15"W, a distance of
907.38 feet and S87°34'45"E, a distance of 811.70 feet;
Thence NO2'25'1 5"E, along said Juneau Avenue, a distance of 807.60 feet to a 1/2" iron
rod with orange cap (AMD ENG), set for the most Westerly Northwest corner of this
tract;
Thence N47°08'36"E, a distance of 35.53 feet to a 1/2" iron rod with orange cap (AMD
ENG), set in the South Right of Way line of 26th Street described in Volume 9967, Page
155, Official Public Records of Lubbock County, Texas, for the most Northerly
Northeast corner of this tract;
Thence S88°08'03"E, along said 26th Street, a distance of 763.65 feet to a 1/2" iron rod
with orange cap (AMD ENG), set for the most Northerly Northeast corner of this tract;
Thence S43°08'03"E, a distance of 21.21 feet to a 1/2" iron rod with orange cap (AMD
ENG), set in the West line of Iola Avenue, for the most Easterly Northeast corner of this
tract;
Thence S01°51'57"W, along said Iola Avenue, a distance of 535.42 feet to a 1/2" iron rod
with orange cap (AMD ENG), set for a corner of this tract;
Thence Southwesterly along a curve to the right having a radius of 600.00 feet, an arc
length of 124.57 feet, a central angle of 11°53'45", a chord distance of 124.35 feet, and a
chord bearing of S07°48'50"W to a 1/2" iron rod with orange cap (AMD ENG), set for
the most Easterly Southeast corner of this tract;
Thence N73°36'15"W, a distance of 277.61 feet to a 1/2" iron rod with orange cap (AMD
ENG), set for a corner of this tract;
PA2014114050-S44BAK•WEST WIND VILLAGEIMSB ZONE CHANGE APARTMENTS.doc
Thence S24'2 1'44"W, a distance of 300.71 feet to a 1/2" iron rod with orange cap (AMD
ENG), set in the North Right of Way line of 29th Street, for the most Southerly Southeast
corner of this tract;
Thence Northwesterly along a curve to the left having a radius of 600.00 feet, an arc
length of 216.96 feet, a central angle of 18°50'05", a chord distance of 215.98 feet, and a
chord bearing of N78°48'07"W to a 1/2" iron rod with orange cap (AMD ENG), set for a
corner of this tract;
Thence N88°13'09"W, along said 29th Street, a distance of 187.06 feet to a 1/2" iron rod
with orange cap (AMD ENG), set for the most Southerly Southwest corner of this tract;
Thence N42°53'57"W, a distance of 21.09 feet to the Point of Beginning.
Containing 14.13 Acres (615,714 sq. ft.) more or less
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A
SURVEY.
Prepared for: State Street Housing
April 30, 2014
P:12014114050-S448AK-WEST WIND VILLAGENASB ZONE CHANGE APARTMENTS doc