HomeMy WebLinkAboutOrdinance - 2007-O0104 - Amending Zone Case NO. 3095; IHC Zoning On 23.137 Acres - 09/27/2007First Reading
September 27. 2007
Item No. 6. 7
ORDINANCE NO. 2001-00104
Second Reading
October 11, 2007
Item No. 5. 11
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3095; A ZONING CHANGE FROM A-1 TO A-3 and
IHC ZONING ON 23.137 ACRES OF UNPLATTED LAND OUT OF BLOCK A,
SECTION 22, 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, the 1986 Comprehensive Land Use Plan as amended is a guide to
help the Lubbock Planning and Zoning Commission and City Council detennine 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 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. 3095
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from A-1 to A-3 and IHC zoning district on
23.137 acres of unplatted land out of Block A, Section 22, City of Lubbock,
Lubbock County, Texas, located at North Loop 289 & North Utica Drive,
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 area adjacent to Loop 289 east of North Utica to the
applicant's south property line shall be zoned Interstate Commercial.
2. That the remainder of the parcel shall be residential zoning and shall
be A-3 limited to three story construction (because the total height slightly
exceeds A-2).
3. That a seven foot masonry or stone fence, or a seven foot masonry
base with piers and wood inserts shall be built on the south and east
boundary of the IHC and on the south boundary of the A-3 (the property line
adjacent to the mobile home subdivision and the portion adjacent to the
mobile home park) parcel. Should a public access easement on the south
portion of the applicant's property be made for the residents of the mobile
home subdivision, this fencing style shall be optional for the applicant, chain
line may be a choice.
4. That a chain link security fence shall be allowed with no setback along
the west alley and a decorative fence shall be allowed with no setback shall be
allowed along the Loop service road and North Utica with a provision of a
vision cut off at the intersection of North Utica and the Loop service road.
SECTION 2. 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.
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.
'Zone Case No. 3095
page -2 of 2
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of September , 2007.
Passed by the City Council on second reading this 11th day of October , 2007.
D§!!{~-e-----
DAvm A.MILLER, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney Office Practice
vw/cityatt/Linda/ZoneCase/ZC3095
August 27, 2007
Zone Case No. 3095
page-3 of2
C.-Lf
r . /1 . c OrdirulJlc~ Ho. 2007-00104 METES AND BOUNDS D~ :R.IPllON of a 9.566 acre tract of land .lted ID :>ection 22, Block A,
Lubbock County, Texas, begin fiutberdescribed as follows:
BEGINNING at a 1/.2" hon pipe found iD the Southeast right-of•way line of Loop 289 as recorded in
Volume 675. Page I 87 and Volume 743, Page 249 of the Deed Records of Lubbock Couoty, Texas, at the
Northwest corner of this tract, which beam North a distance of3S18.8J feet and East a distance of2672.J2
feet from the Southwest comer of Section 22, Block A, Lubb:cdt County, Texas;
THENCE N. 53°05'32" E., along said Southeast right~f-way line, a distan~ of 930.57 feet to a 1/2" iron
rod found in the West line of a 226.00 acre tract of land owned by Texas Tech University ( DO document
found) at the Northeast comer of this 1r8ci;
THENCE S. 00~02129• W., along the West line of said 226.00 acre 1Jact, a distance of880.02 feet to a l/211
iron pipe found at tbe Northeast QOl'llet of a 20 foot alley granted by plat recorded in Volume J30J, Page
765 of the Deed Records of Lubbock County, Texas, and tbe Soutbeasc .comer of this tract; . .
THENCE N. 89°59'27" W.,, alcmg the North line of said alley, at 20 feet pass the Northwest comer of said
alley and the Nonbeast comer of Lot 22, La Fiesta Estates, an Addition to the Oty or Lubbock. Lubbock
County, Texas, as recoided in Volume 1301, Page 765 of the Deed Reconfs of Lubbock County, Texas,
continuing along the North line of said Lot 22, for a total distance of 120.00 feet ma 1/2" iron rod with cap
set in the East right-of•way line of North line of Toledo Avenue granted by pJat as recorded in Volume
1301, Page 765 ofthe·Dced Records of Lubbock County, Texas, for the Northwest oomer of said Lot 22,
and a comer of this tract; .
THENCE N. 00°00'33• E., along said East right-of-way line. a distance of 10.00 feet to a 1/2" iron rod with
cap set for the Northeast ~mer of said NOJtb Toledo Aveoue, and for an~ comer of this uact;
THENCE N. 8!>059~27• W., along the N~ right~f•way line of said North Toledo Avenue, at 56.00 feet
pass tb~.Northwest comer of said North Toledo Avenue and the NoJtbeast oomer of a 20 foot alley granted
by plat rec:ori!cd in Volume 1301, Page 765 of the Deed Records of uibbock County, Texas, cootinumg
along said North aDey line, for a total distance of 152.01 feet to a 1/_2" iron pipe found at a point of
mtersecdon;
THENCE S. 53902'56" W., continuing along said alley line, a distance of 190.26 feet to a l/2" iron rod ·
found iq the Nonheast right+way line of Utica Drive as granted by plat ~nted in Volume 1301, Page
165 of the Deed Rcconis of l.ubbock.Co~. Texas. at the Southwest comer oftbis tract; ·
THENCE N. 36°53~32" W., along said Northeast right~f.way line, a distance of 361.06 feet to a 1/2" iron
pipe found at a point of curvature;
THEN~ Northeasterly, eontiuuing along said Nonheast tight-of-way line; around a CU1Ve to the right, said
curve l!aviog·a radius of JS.00 f~ a ceanl.angJe of 900, a chord distance of2l .2J feet, aud a chord
bearing ofN. 08°05'53". E. to a J/2" iron pipe found at a· point qf intetsection;
THENCE N. 36°S3132" W., continuing along said NOI1heast right-of-way line, a distance of 56~00 feet to a
112" iron pipe found at a point of intersecdon; .
. .
~CE_North~y, continuing alo~g ~id Northeast right-of-way line, around a curve to the right, saic
curve havmge.ra4ius of 15.00 feet, a central angle 0£90°, a chord distance of21.21 feet, aad a cbon!
bearing ofN. 81°52'33" w._.co a lf.l" iro~ pipe found at a point of tangency;
THENCE N. 36°S3'3211 W.,, continuing along the Northeast right.of-way lin~ a distance of 85.00 feet to the
Point of ~egi~g.
Contains: 416.695 square feet·
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