HomeMy WebLinkAboutOrdinance - 2015-O0005 - ZC 3243 - 01/22/2015First Reading
January 8, 2015
Item No. 6.2
ORDINANCE NO. 2015-00005
Second Reading
January 22, 2015
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. 3243; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE ON 169.745 ACRES OF UNPLATTED LAND OUT OF BLOCK
AK, SECTION 23, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
A PENALTY; 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, all conditions precedent required by law for a valid amendment to
the Zoning Ordinance and Map have been fully complied 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 Ordinance 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. 3243
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from T to R-1 Specific Use on 169.745 acres
of unplatted land out of Block AK, Section 23, City of Lubbock, Lubbock
County, Texas, located at southwest corner of 98`" Street and Urbana Avenue,
subject to conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit''A".
SUBJECT TO THE FOLLOWING CONDITIONS:
THAT the R-1 lots shall have:
a) 20' front setback;
b) 15' front setback on cul-de-sac lots;
C) 20' setback for garages; and
d) 5' side setbacks on corner lots, excluding 98"' Street and
Wausau Avenue.
SECTION 2. THAT the granting of this specific use zoning is hereby made
subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
including particularly, but not limited to, Section 40.03.3102 of the Codified Zoning
Ordinance, which provides that a Building Permit shall be applied for and secured within
thirty (30) months of the effective date of the zone change or all undeveloped property
shall automatically revert back to the previous zoning classification, which in this case is
the T zone district; and if such reversion occurs, the Director of Planning is directed to
remove from the Zoning Map the legend indicating such specific use. The Specific Use
authorized by this Ordinance is permitted under provision of Section 40.03.3101-
40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as
southwest corner of 98'n Street and Urbana Avenue, City of Lubbock, Lubbock
County, 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
2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of
Ordinance be declared unconstitutional or invalid for any reason, the remainder of
Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
by the City Council on first reading on January 8, 2015
by the City Council on second reading on January 22 2015
OBERTSON, MAYOR
Zone Case No. 3243
page -2of3
ATTEST:
6310 Genoa Ave. Suite A Lubbock TX. 79424
Phone: 806-687-1569 Fax: 806-687-1569
Texas Licensed Surveying Firm 10087500
E-mail: stevenssurvey@hotmail.com
DESCRIPTION OF A
169.7452 ACRE TRACT OF LAND IN
SECTION 23, BLOCK AK,
H.E. & W.T. RR. CO. SURVEY, ABST. NO. 2639
LUBBOCK COUNTY, TEXAS
A 169.7452 ACRE TRACT OF LAND IN SECTION 23, BLOCK AK, H.E. & W.T. RR. CO. SURVEY, RBST.
NO. 263, LUBBOCK COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 187.7459 ACRE TRACT
OF LAND CONVEYED TO REAL PROPERTY RESOURCES, DESCRIBED IN A SPECIAL WARRANTY
DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2014000793 OF THE OFFICIAL PUBLIC
RECORDS OF LUBBOCK COUNTY, TEXAS, SAID 169.7452 ACRE TRACT BEING FURTHER DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD WITH A CAP MARKED `STEVENS RPLS 4339" FOUND IN THE
NORTH LINE OF SAID SECTION 23 AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID
187.7459 ACRE TRACT AND THE NORTHWEST CORNER OF A 2.3217 ACRE TRACT OF LAND
CONVEYED TO 87TH STREET PARTNERS, LLC, DESCRIBED IN A SPECIAL WARRANTY DEED
RECORDED IN COUNTY CLERK'S FILE NUMBER 2014000792 OF THE OFFICIAL PUBLIC RECORDS OF
LUBBOCK COUNTY, TEXAS, FOR THE NORTHEAST CORNER OF THIS TRACT, SAID BEGINNING
POINT HAVING COORDINATES OF NORTHING: 7,248,099.82 AND EASTING: 908,941.72, TEXAS
COORDINATE SYSTEM, TXNC ZONE 4202, NAD'83, WHENCE A 1/2" IRON ROD WITH A CAP MARKED
"STEVENS RPLS 4339" FOUND AT THE NORTHEAST CORNER OF SAID SECTION 23 BEARS S. 880 10'
06" E. A DISTANCE OF 707.16 FEET, SAID NORTHEAST SECTION CORNER HAVING COORDINATES OF
NORTHING: 7,248,077.22 AND EASTING: 909,648.34, TEXAS COORDINATE SYSTEM, TXNC ZONE 4202,
NAD'83;
THENCE S. 01. 50' 27" W, AT 55.00 FEET PASS A 1/2" IRON ROD WITH A CAP MARKED "STEVENS
RPLS 4339" FOUND IN THE SOUTH LINE OF A PROPOSED RIGHT-OF-WAY, CONTINUING FOR A
TOTAL DISTANCE OF 759.00 FEET TO A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339"
FOUND AT AN ELL CORNER OF SAID 187.7459 ACRE TRACT, AT THE SOUTHWEST CORNER OF SAID
2.3217 ACRE TRACT, IN THE NORTH LINE OF AN 18.0007 ACRE TRACT OF LAND SURVEYED JUNE 27,
2014 BY STEVENS SURVEYING COMPANY, FOR A CORNER OF THIS TRACT;
THENCE N. 880 10'06" W. A DISTANCE OF 172.84 FEET TO A 1/2" IRON ROD WITH A CAP MARKED
"STEVENS RPLS 4339" FOUND AT THE NORTHWEST CORNER OF SAID 18.0007 ACRE TRACT, FOR A
CORNER OF THIS TRACT;
THENCE S. 010 50'27" W., AT A DISTANCE OF 891.07 FEET PASS A 1/2" IRON ROD WITH A CAP
MARKED "H.R. & ASSOC." FOUND AT THE WEST COMMON CORNER OF SAID 18.0007 ACRE TRACT
AND A 10.00 ACRE TRACT OF LAND CONVEYED TO ELIFE CHURCH, DESCRIBED IN A WARRANTY
DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2010014546 OF THE OFFICIAL PUBLIC
RECORDS OF LUBBOCK COUNTY, TEXAS, CONTINUING FOR A TOTAL DISTANCE OF 1881.07 FEET
TO A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" FOUND AT THE SOUTHWEST
CORNER OF SAID ELIFE CHURCH TRACT AND THE MOST SOUTHERLY SOUTHEAST CORNER OF
SAID 187.7459 ACRE TRACT, FOR THE SOUTHEAST CORNER OF THIS TRACT, WHENCE A SQUARE
HEAD BOLT FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 23 BEARS S. 880 10'23" E. A
DISTANCE OF 880.00 FEET AND S. 010 50'27 W. A DISTANCE OF 2640.30 FEET, SAID SOUTHEAST
SECTION CORNER HAVING COORDINATES OF NORTHING: 7,242,800.99 AND EASTING: 909,478.76,
TEXAS COORDINATE SYSTEM, TXNC ZONE 4202, NAD'83;
THENCE N. 880 10'23" W. A DISTANCE OF 2751.41 FEET TO A 1/2" IRON ROD WITH A CAP MARKED
"RPLS 4460" FOUND AT THE SOUTHWEST CORNER OF SAID 187.7459 ACRE TRACT, FOR THE
SOUTHWEST CORNER OF THIS TRACT;
THENCE N. 010 51'45" E., AT A DISTANCE OF 2585.30 FEET PASS A 1/2" IRON ROD WITH A CAP
MARKED "STEVENS RPLS 4339" FOUND IN THE SOUTH LINE OF A PROPOSED RIGHT-OF-WAY,
CONTINUING FOR A TOTAL DISTANCE OF 2640.30 FEET TO A 1/2" IRON ROD FOUND IN THE NORTH
LINE OF SAID SECTION 23, AT THE NORTHWEST CORNER OF SAID 187.7459 ACRE TRACT, FOR THE
NORTHWEST CORNER OF THIS TRACT;
THENCE S. 880 10'06" E., ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 2923.25
FEET TO THE POINT OF BEGINNING. BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS
COORDINATE SYSTEM, TXNC ZONE 4202, NAD'83.
I, SAMUEL WYATT, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT
THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE
INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
41J:a?/"401INI ewwi7n
SAMUEL WYATT
R.P.L.S. 6453
SURVEYOR'S REPORT:
THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE
TITLE SEARCH.
FOUND MONUMENTS ARE ACCEPTED AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL
AGREEMENT WITH RECORD DOCUMENTS.
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