HomeMy WebLinkAboutOrdinance - 2010-O0012 - Amending Zoning Ordinance 7084. Zone Case 2904-B - 01/28/2010First Reading
January 28, 2010
Item No. 6.3
ORDINANCE NO. 2010-00012
second Reading
February 9, 2010
Item No. 5.9
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2904-B; A ZONING CHANGE FROM CB-2
SPECIFIC USE TO IHC SPECIFIC USE FOR A PARKING GARAGE ON 2.148
ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTION 20, 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 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 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. 2904-B
SECTION l. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 29-24 of the Code of Ordinances
of the City of Lubbock from CB-2 Specific Use to IHC Specific Use for a
parking garage on 2.148 acres of unplatted land out of Block A, Section 20,
City of Lubbock, Lubbock County, Texas, located at Marsha Sharp Freeway
access road and Boston 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 construction shall be tied to the site plan and building
materials as outlined on plans in Zone Case 2904-B file.
2. THAT a contract between the initial owner that will pass to any
subsequent owner of the student housing project and the owner of the
parking structure shall be recorded at the Lubbock County
Courthouse that allows complete and unrestrained access for the
number of parking spaces required off site to meet the parking
requirements of the housing project. Parking is anticipated north of
3rd Street, as well as on site, but an amount of spaces to meet the
required total will be secured by the contract. On street spaces are
not included in the Code definition of required spaces.
3. THAT any use of trailer pads on the west side of the structure shall
have approval of both the Lubbock City Council and the Texas
Department of Transportation, and shall be limited to week ends
when Texas Tech University hosts a football game in Jones/ATT
stadium.
4. THAT the site of the cistern, should it remain as drawn on· the site
plan, shall have the approval of the Lubbock City Council and the
Texas Department of Transportation.
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 29-24 of the Codified Zoning
Ordinance, which provides that a Building Permit shall be applied for and secured within
thirty (3 0) 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 CB-2 Specific Use 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 29-24( c)(24) of Codified Zoning Ordinance No. 7084 on the property described
as Marsha Sharp Freeway access road and Boston Avenue, City of Lubbock, Lubbock
County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of
Lubbock.
Zone Case No. 2904-B
page -2 of 3
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 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 this 28th day of __ J_a_n_ua_ry ___ , 2010.
Passed by the City Council on second reading this 9th day of February
TOM MARTIN,MAYOR
ATTEST:
APPROVED AS TO CONTENT:
~ ~5~
irector of Planning
APPROVED AS TO FORM:
~~
Chad Weaver
Assistant City Attorney
vw/Ci1yAtUChad/Zones/ZC2904-B
January 11, 20 I 0
Zone Case No. 2904-B
page -3 of 3
, 2010.
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P-lat , Ordinance No. 2010-00012 of Survey
on a Portion of A.W. Blankenshfp· No. 1 to the City of Lubbock, Lubbock County,
Texas, According to the Map, Plat, and/or Dedication Deed thereof Recorded In
Volume 477, Page 21 6, Deed Records of Lubbock County, Texas and Lot C,
Blankenship AddJtlon No. 2 to the City of Lubbock, Lubbock County, Texas,
According to the t.4ap, Plat, and/or Dedication Deed thereof Recorded in Volume
1367, Page 579 and In Volume 1369, Page 7 63, Deed Records of Lubbock County,
Texas and a 0.650 Acre Tract out Of Sectfon 20, Block A, Lubbock County, Texas
FIEI..D NOTES on a Portion cf "-W. Blanke~p No, 1 to the City of Lllbbodc, LLlbbock County, Texas. h:cofdlng to lhe·llap, Plat, and/or
Dedlcallon Deed lhereof Recorded In Voklme 477, Pege 218, Deed Records of Lubbock County, Tvas and Lot C, Blan~ Addltlan Na. 2
to lhe City of LUbboc:k, LUbboct< Coll'!!)', Texas, ~g IO the Map, Plat. end.lor Dedlcatl0n Deed ~ Reco~ed In Volume 1367, Page
579 and In Volume 1389, Page 763, Deed Reccmls of l.ubbodc County. Texas and a 0.850 A<:19 Tract out of SecUQn 20, Bbck A. Lubbock
CounlY, Texas being f1,111her d~ by me1es ~.bound$ as toaows:
BEGINNING at a found 1l'r 1nm JQd whence lhe onglna! Southwest comer of A.W. Blanlienshlp Number 1 bears S 58"14'08" W, 592..85 feet
THENCE N 09"33'32" w, v.tltl lhe East Right of 'Hr, line of Boston Awinue, 1119.63 feet to a folnl rod Wllh y11llow cap ror a comer of~ tract;
THENCE: N 09'34'41' W, wtlh lhe East Right of 'Hr, Dne of Bos1oo Avenl.ll!I, 75.22 feet 1D a found rod with yellow cap ror a comer of this net:
TliENCE N 02"25'28" E, wtlh lhe East Right of Way llna of Bos1oo AYenue, 18. 72 feet ID a folnl rod ~ yellow cap for II comar of this Inlet
TliENCE N 02• 16'24" E, With the East Right of way nne of BOSlon Avenue, 6.15 feet to II found rod vttth yellow cap lor the most Westerly
Northwest aimer of this lract;
THEN CE Hotthllas18l1y with • CUNe m lhe rtght having II radius of 15.0 feel, 11 chord dlstence of 21. 20 feet, a central angle of 89"58'55", and a
chord bee,tng of N 47"23'54" E ID II bJlld rod -.th yellow cap for lhe most Nartherty Northwest comer of lhla IIBct
THENCE S 87°40'33" E, "'1th lhe Sculh Right of 'Hr, II~ of 3rd Street. 8.44 feet ID a IDul"ll JQd 'Mll1 yell0w c:ap f0I' a COITl!I" of this tract
THENCE S B 7"37'39" E, "'1th the Sculh Right of way line of 3rd Street, 147 .54 feet ID a IDund JQd vttth yellow CIIP for e comer of~ tract;
THENCE S B 7"40'13" E, wtlh lhe Sculh Right of Way line of 3rd Sireet, 135.58 feel ID a sat 1fl" JQd ~ 0'1lflllll cap marllad RPlS 4480 IDr the
Hartt.est eomer of this 1111d;
THENCE s 02"21'08" W. 186.82 feet ID a set 1!'r rod 'Mll1 onir,ge eap maliced RPLS 4460 IDr a comer of this IIBct;
THENCE Southeastelty with a CUM! ID lhe left having a radius of 49.50 feet. a chord distance of 12. 7 4 l'aal, a tangent of 6.42 feet. a ce111nd
angle of 14"4T12", and a c;hord bearing of S 05'02'28" E to a sat 1/2° rod -.th orange cap marllad RPLS 4480 for a aimer af this 118£1;
THENCE S 12°26'04" E, 130.41 feet ID a sat 1/2° JQd wtlh orange cap martced RPLS 4460 IDr the Southeast caner of lhls net;
THENCE N B7"-48'39"W, wtlh the North Right of Way line of Marsha Shall) F-y, 281.07fffl ID a foul"ll rod~yullca cap for the
Sculhwest eomer cil ltll8 1ract
THENCE N 09"33'15" W, "'1th lhe East Right of Way line of Boslon Avenue, 101.93 f9et IO the Piece of Beginning and eonlalnlng 2.148 Acres
Including any Right of Wey.
Surveyor'1 Report
Thl11 Plot ia baeed on o surwey mado
on the ground October 14 and
December 9, 2009.
Monuments ahown oa found on thl11 •urvey were accepted by this
aurwyor as controlling ev1dence due to substantial agreement wjth Record
Documants <ind 0111 not c(lnsidered
as Monuments af Record Dignity
unleN ao noted.
No Substantlat D11crepancln between
Record Documents ond cond"itions aa
found an the ground wen, uncovered
on thie survey unlllSll noted.
Thi• survey wos pn,pored without the
benefit of a Trtle Commitment.
Ea11Ctments and/or Ratrictlons other that, tho!ICI shown may apply,
Thi• ~rvey waa prepared os a
baunda,y 1urvey to show proposed
liroils as requostad by Joe Ttdwerl. It
ls not intended 01 a full 1itle or
lmproveme_nt survey.
PLAT SHOWN AS SURVEYED ON THE GROUND
December 11, 2009
I\
ABACUSWtfflti~G
2737 81st Street
LUBBOCK. TEXAS
Count oa It 806-745-7670