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Home My WebLink AboutOrdinance - 2011-O0090 - Amending Zoning Ordinance 7084. Zone Case 3142-A Alexander Land Addition - 09/27/2011First Reading September 27, 2011 Item No. 6.3 ORDINANCE NO .. __ 2_0_1_1-_0_0_09_0_ Second Reading October 13, 2011 Item No. 5.15 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3142-A; A ZONING CHANGE FROM IHC, R-3 AND A-1 TO C-3 ZONING DISTRICT ON 8.09 ACRES OF PLATTED AND UNPLATTED LAND OUT OF BLOCK B, SECTION 17, INCLUDING LOTS S THROUGH 21, 25 THROUGH 29, AND 38, ALEXANDER LAND ADDITION, 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, 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. 3142-A SECTION I. 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 IHC, R-3 and A-1 to C-3 zoning district on 8.09 acres of platted and unplatted land out of Block B, Section 17, including Lots 5 through 21, 25 through 29, and 38, Alexander Land Addition, City of Lubbock, Lubbock County, Texas located at northwest corner of Marsha Sharp Freeway and Quaker Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a typical Market Street design be constructed, with all possible means to buffer the south portion of the building regarding the truck well(s). 2. THAT a solid screening fence with a masonry base and piers, and wooden inserts be installed from the current curb return toward the north end of Raleigh to the south property line, and from that curb cut to the north end of the tract as being across from residential. (The screening fence will not be in place north of where the apartments are now located as that is not part of the Ql9 development tract). 3. THAT any C-3 permitted use shall be allowed on the property not occupied by the grocery store. 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/I 00 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 ____ S.;_e_.p_;t...;.e_;m.;;_be_;r;;...._;;2;..;.7..:.,_2;;;_0:..:1=-=l:.__ __ Passed by the City Council on second reading on ____ O;_c_t_o.;;;..be_r;;......;;1=3..:.,___:::_20=-=l=-=l:.__ __ ATTEST: TOM MARTIN, MAYOR Zone Case No.3142-A page-2 of 3 ', __ ,. : ; : .. . .. ~ : .: : ·~· . : . . ,l; ;;,,: ... _ ... ,;'.1 : ~? "{ ~' .... ,, ;1.-:-.• ' • ;,, .. ~ . ,· ; , . . . ~ • ' ; ..I .' ~ ,.., , .. ~ -...... ., • ": I•~-• • ~ •• ~• .. : ~ .. /",. •.· .. . •· ' ,,.J. , •. , '.-:. '' : . .. ,,' '--.. v·~ ... ;:, .• .... ";'/•. ,;'-. # ·.;' • : J :~ ~ ; { · .. ~ !f,; .:,: ·: , . .... ' ._ .. ·------....... • ---la ··-. . . .• '. ·.: ,-.-., --.- ,., ·\ .. ,·----,,,..... ... ,,.,.,,.""·-···· ,,...._ ;'.• I; t' · ... ~ -. ,/ APPROVED AS TO CONTENT: APPROVED AS TO FORM: ¼~ Chad Weaver Assistant City Attorney vw/Ci1yA1t/Chad/Zones/2.c31·12-A Scp1c111 bcr I. 20 I I Zone Cas.1 No. 3 I ./2-A page -J of 3 Ordinance No . 2011-00090 ~-mi 1\ HUGO REED AND ASSOCIATES, INC. LAND SURVEY ORS CIV IL ENGINEERS 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806/763-5'•2 I FAX I0&nU-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 Proposed C-3 Zoning METES AND BOUNDS DESCRIPTION of an approximately 8.1 acre tract located in Section 17, Block B, Lubbock County, Texas being further described as follows: BEGINNING at a point in the East right-of-way line of Raleigh Avenue, same being the original Northwest corner of Lot 38, Alexander Land Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 1640, Page 345, Deed Records of Lubbock County, Texas; THENCE S. 88°07'32" E., an approximate distance of 238.0 feet to a point; THENCE S. 01 °52'28" W., an approximate distance of 196.0 feet to a point; THENCE S. 88°07'32" E., an approximate distance of 225.0 feet to a point; THENCE S. 00°35'51" E., at approximately 20.0 feet pass a point in the West right-of-way line of Quaker Avenue, continuing along the West right-of-way line of said Quaker Avenue for a total approximate distance of 443.9 feet to a point in the North right-of-way line of Marsha Sharp Freeway; THENCE S. 49°59'04" W., along the North right-of-way line of said Marsha Sharp Freeway, an approximate distance of 301.8 feet to a point; THENCE N. 88°07'32" W., continuing along the North right-of-way line of said Marsha Sharp Freeway, an approximate distance of 47.5 feet to a point; THENCE S. 01 °52'28" W., continuing along the North right-of-way line of said Marsha Sharp Freeway, an approximate distance of 42.6 feet to a point; THENCE S. 49°59'04" W., continuing along the North right-of-way line of said Marsha Sharp Freeway, an approximate distance of 117.5 feet to a point in the North right-of-way line of 22nd Street: THENCE N. 88°07'32" W., along the North right-of-way line of said 22nd Street, an approximate distance of 97.6 to a point of curvature; THENCE Northwesterly, continuing along the North right-of-way line of said 22nd Street, along a curve to the right, said curve having a radius of approximately 25.0 feet, a central angle of approximately 90°00'00", tangent lengths of approximately 25.0 feet and a chord distance of approximately 35.4 feet to a point of tangency in the East right- of-way line of said Raleigh Avenue; THENCE N. 01 °52'28" E., along the East right-of-way line of said Raleigh Avenue, an approximate distance of 937 .0 feet to the Point of Beginning. 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