HomeMy WebLinkAboutOrdinance - 2009-O0041 - Amending Zoning Ordinance Making Changes: Zone Cae 3050-C; R-2 Specific Use - 04/27/2009First Reading
April 27. 2009
Ite:a Ro. 6.4
ORDINANCE NO. 2009-Q0041
Second Reading
May 14~ 2009
Itea lilo. 5.10
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3050-C; A ZONING CHANGE FROM R-2 SPECIFIC
USE TO C-3 ZONING DISTRICT ON 13.73 ACRES OF UNPLATTED LAND OUT
OF BLOCK E-2, SECTION 22, 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, the 1986 Comprehensive Land Use Plan as amended is a guide to
help the Lubbock Planning and Zoning Commission and City Council determine 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 §21 1.007 (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. 30SO.C
SECTION I. 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 R-2 Specific Use to C-3 zoning district
on 13.73 acres of unplatted land out of Block E-2, Section 22, City of Lubbock,
Lubbock County, Texas, located at North of FM 1585 (130tb Street) between
Quaker Avenue and Memphis Avenue, subject to conditions and being further
described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. mAT a site plan review with proposed materials shall occur
on each of the C-3 parcels prior to any subdivision or
construction on the property.
SECTION 2. THAT violation of any provision ofthis Ordinance shall be deemed
a misdemeanor punishable by fine not to exceed Two Thousand and No/1 00 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of April
Passed by the City Council on second reading this 14th day of May
'2009.
2009.
~~~
ATTEST:
TOM MARTIN, MAYOR
Zone case No. 3050-C
page-2 of2
APPROVED AS TO CONTENT: ra ~s~
APPROVED AS TO FORM:
~ l.chad:weaver
Assistant City Attorney
vw/cityatt/Chad/ZoneCase/ZC3050-C
April 2, 2009
Zone Case No. 3050-C
page-3 oj2
Ordinance No. 2009-o0041
FJELD NOTES on a 3.73 Acre Tract out of Section 22, Block E·2, Lubbock
County~ Texas being further described by metes and bounds as fotrows:
BEGINNING at a point near the center of F.M. 1585 and in the South line of
Section 22 for the Southwest comer of this tract whence a found railroad spike
for the Southwest corner of Section 22. Stock E-2 bears S 89°57'07, W, 1496.22
feet
THENCE North, with the East line of the tract described in County Clerk File
#2008042333, Lubbock County Official Public Records. (LCOPR), at 60.0 feet
pass a set 1/2 .. rod with orange cap marked RPLS 4460, in aU 542.57 feet to a
set 1 /2" rod with orange cap marKed RPLS 4460 for the Northwest corner of this
tract;
THENCE East, 299.24 feet to a set 1/2" rod with orange cap marked RPLS 4460
for the Northeast corner of this tract:
THENCE S 00°00130., E, with the West line of the tract described in County Clerk
File #2006047176. LCOPR, at 482.32 feet pass a set 1/2" rod w:ith orange cap
marked RPLS 4460, in all 542.32 feet to a point near the center of F.M. 1585
and in the South line of Section 22 for the Southeast corner of this tract:
THENCE S 89()5T071t W, with F.M. 1585 and the South line of Section 22,
299.29 feet to the Place of Beginning and ccintaining 3.73 Acres induding any
Right of Way.
Thursday, Apr 09, 2009 11:36 AM
Ordinance No. 2009-o0041
FIELD NOTES on a 10.000 Acre Tract out of Section 22, Block E-2, Lubbock
County, Texas being further described by metes and bounds as follows:
BEGINNING at a found railroad spike in the center of F.M. 1585 and the
South line of Section 22 for the Southwest corner of this tract whence a found
railroad spike for the Southwest comer of Section 22 bears S 89°57'07" W,
685.21 feet;
THENCE N 00°02'53" W, for this and the following 3 calls, along the Easterly
line of the tract described in County Clerk File #2006047176. Lubbock County
Official Public Records. (LCOPR). 60.0 feet to a found rod with yellow cap for
a corner of this tract;
THENCE N 44 °58'18" E. 14.15 feet to a found rod with yellow cap for a corner
of this tract;
THENCE N 00°00'32" W, 463.24 feet to a found rod with yellow cap for a
corner of this tract;
THENCE N 45 °00'16" W. 14.14 feet to a found rod with yellow cap fo;-the
most Northerly Northwest corner of this tract;
THENCE East. witt.! the South line of the Plat Limits of Solaris Estates
Addition recorded in County Clerk File #2007020229, LCOPR, 811.14 feet to
a set 1/2" rod with orange cap marked RPLS 4460 for the Northeast corner of
this tract;
THENCE South, at 482.57 feet· pass a set 1/2t' rod with orange cap marked
RPLS 4460 in the proposed North Right of V'·/ay line of F.M. 1585, in all
542.57 feet to a point in the center of F.M. 1585 and the South line of Section
22 for the Southeast corner of this tract;
THENCE S 89°5T07" W, with the center of F.M. 1585 and the South line of
Section 22. 811.01 feet to the Place of Beginning and containing 10.000
Acres including any Right of Way.