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Home My WebLink AboutOrdinance - 9673-1993 - Zone Case 2661-B Zoning Change A-2 To R-1 C-3 Super K-Mart Center - 10/28/1993First Reading October 28, 1993 {Continued) Item #35 First.Reading . November_ l:1, J~93 Item #E2 · ·'"·· Second Reading November 18, 1993 Item f/6 ORDINANCE NO. 9673 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2661-B; A ZON-ING CHANGE FROM A-2 LIMITED TO CHURCH USES AND R-1 TO C-3 SPECIFIC USE ZONING FOR A SUPER K-MART CENTER ON A TRACT OF LAND OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAV- INGS 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 finds that due to changed conditions, it would be expedient and in the interest of the public health, safety and general welfare to make those pro- posed 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 giv- ing notices in compliance with Section 29-29 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 the proposed amendment, and the public hearing according to said notice, was duly held in the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in sup- port of the proposal; and, after said hearing, it was determined by the City Council 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 here- inafter 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. 2661-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 29-24(c)(24) of the Code of Ordinances of the City of Lubbock from A-2 limited to church and church related uses and R-1 to and C-3 Specific Use for a super K-Mart Center, on a tract of land out of Section 3, Block E, City of Lubbock, Lubbock County, Texas, located East of University Avenue between 62nd and 66th Streets, subject to conditions and being further described as follows: TRACT 1 METES AND BOUNDS DESCRIPTION of a 34.128 acre tract of land located in Section 3, Block E, Lubbock, Lubbock County, Texas, and being further described as follows: BEGINNING at a l/2f" iron rod with a cap found in the East right-of-way line of University Avenue, street dedication being recorded in Volume 929, Page 419 of the Deed Records of Lubbock County, Texas, said iron rod is the Northwest corner of Lot 6, Horseshoe Terrace Addition and bears North a distance of 738.00 feet and East a distance of 55.00 feet from the Southwest corner of Section 3, Block E, Lubbock, Lubbock County, Texas; THENCE North along the East right-of-way 1 ine of University Avenue, a distance of 567.02 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 89°54 1 52", tangent lengths of 14.98 feet, and a chord distance of 21.20 feet to a point of tangency in the South right-of-way line of 62nd Street; THENCE N. 89°54 1 52" E., along the South right-of-way line of 62nd Street, a distance of 1248.74 feet to a 5/8" iron rod with cap set in the West line of an alley; THENCE S. 00°05 1 5611 E., along the West line of an alley, at 181.58 feet pass a set 5/8" iron rod with cap and at 666.17 feet pass a set 5/8" iron rod with cap, continuing along the West line of a 20 foot alley for a total distance of 1290.00 feet to a cross set on top of a concrete curb in the North line of 66th Street, street dedication being recorded in Volume 898, Page 451; THENCE S. 89°53'30 11 w., along the North right-of-way line of 66th Street, a distance of 965.90 feet to a 3/811 iron rod found at a point of intersection; THENCE N. 82°51'20" W., continuing along the North right-of-way line of 66th Street, a distance of 109.90 feet to a 1/2" iron pipe found at the Southeast corner of Lot 1, Horseshoe Terrace Addition; THENCE North, along the East line of Lots 1, 2 and 5, Horseshoe Terrace Addition, a distance of 634.25 feet to a 3/8" iron rod found at the Northeast corner of the Southwestern portion of Lot 5 and at the South- west corner of the Northeastern portion of Lot 5; THENCE East, along the South line of the Northeastern portion of said Lot 5, a distance of 47.50 feet to a 60 penny nail set for the Southeast corner of said portion of Lot 5; ZONE CASE NO. 2661•1 •• PAGE 2 •· THENCE North, along the East line of said portion of Lot 5, a distance of 62.00 feet to a 1/2" iron rod with cap set for the Northeast corner of said portion of Lot 5; THENCE West, along the North line of said portion of Lot 5, a distance of 47.50 feet to a 3/8" iron rod found at the Northwest corner of said portion of Lot 5; THENCE South, along the West line of said portion of Lot 5, a distance of 2.00 feet to a 1/2" iron rod with cap found at the Northeast corner of Lot 6, Horseshoe Terrace Addition; THENCE West, along the North line of said Lot 6, a distance of 200.00 feet to the POINT OF BEGINNING. TRACT 2 METES AND BOUNDS DESCRIPTION of 1.312 acre tract of land located in Sec- tion 3, Block. E, Lubbock., Lubbock. County, Texas, and being further described as follows: BEGINNING at a 5/8" rod found with cap which bears S. 89°57'30" E. a distance of 1320.30 feet and N. 00°04'10" W., a distance of 653.83 feet from the Southeast corner of the Southwest Quarter of Section 3, Block. E, Lubbock., Lubbock. County, Texas; THENCE N. 00°04'10 11 W. a distance of 484.59 feet to a 5/8" rod found with cap; THENCE S. 39° E. a distance of 367.42 feet to a 5/8" iron rod with cap; THENCE S. 06° W. a distance of 14.14 feet to a 5/8" rod found with cap; THENCE S. 51° W. a distance of 293.95 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. Subject to a cut and fill with Engineering verification of a 50,000 cubic yard increase in the capacity of the playa. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance to all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 29-24 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 ZONE CASE NO. 2661-B •· PAGE 3 •• previous zoning classification, which in this case 1s the A-2 limited to church uses 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 1s permitted under provision of Section 29-24(c)(12) of Codified Zoning Ordinance No. 7084 on the property described as a tract of land out of Section 1, Block D-6, City of Lubbock, Lubbock County, Texas. SECTION 3. 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 29-31 of the Zoning Ordi- nance of the City of Lubbock. SECTION 4. 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 5. THAT the City Secretary is hereby authorized to cause publi- cation of the descriptive caption of this Ordinance as an alternative method provided by law. Passed by City Council 1993. Passed by City Council 1993. ATTEST: AND IT IS SO ORDERED. November -1r--==!:;,,--=.::.:....::.:....:~«::=iKDKK=~w: __ , ~ ~Y Secretary LLC:js/ZC2661-B.Clm October 20, 1993 APPROVED AS TO FORM: c::::::k""-, ~~c::::-'~ rector o ann ng Linda[. Chamales, Assistant City Attorney ZONE CASE NO. 2661·8 •• PAGE 4 ·• THE STATE OF TEXAS COUNTY O~ • ..,~B Before m • til-c.. otary Public in and for Lubbock County, Texas on this day personally appeare --..r-,. er of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspa ha been published continuously for more than fifty-two weeks pri- or to the first insertion of this .-""'!"1"""""''---~""=!f-i--"''¥e..==--,=------------------- ....... ~-J...L-w£..J.--t Lubbock County, Texas and the attached print- ed copy of the..1,,~El(:Ll--t,...J..CtP~~_,.----1 o yo the ori · l and was printed in the Lubbock Avalanche-Journal on th LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FORM58-10 NOTARY PUBLIC in and for the State of Texas My Commission Expires .................. ___ _