HomeMy WebLinkAboutOrdinance - 2009-O0057 - Amending Zoning Ordinance To Make Change;Zone Case 2706-B;Trailer Park,Sec 5 - 06/23/2009First Reading Second Reading
June 23, 2009 July 8, 2009
Item No. 6.4 Item No. 6.3
ORDINANCE NO. 2009-00057
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2706-11; A ZONING CHANGE FROM IHC TO IHC
SPECIFIC USE FOR TRAVEL TRAILER PARK ON 7.562 ACRES OF
UNPLATTED LAND OUT OF SECTION 5, BLOCK E, 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.2706-B
SECTION 1. 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 IHC to IHC Specific Use for travel trailer park on
7.562 acres of unplatted land out of Section 5, Block E, City of Lubbock,
Lubbock County, Texas, located at 1101 70th Street, 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 applicant will work with various departments to make sure
the conditions of Section 15 of the Code of Ordinances are met.
2. THAT a low buffering three foot tall wall will be built along the Loop
289 service road frontage to screen the "at grade" aspects of the park,
but provide full visibility both in and out of the project.
3. A seven foot wall of the same masonry as the wall along the front shall
be constructed on the east property line with a twenty -rive foot "step
down" to the three foot wall at the south-east corner of the project.
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 (30) 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 IHC 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 1101 70th Street, 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.
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
the descriptive caption of this Ordinance as an alternative method provided by law.
Zone Case No. 2706-B
page -2of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23rd day of .Tune , 2009.
Passed by the City Council on second reading this 8th day of July , 2009.
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CONTENT:
Randy Henson, Dir for of Planning
C ad aver
Assi&At City Attorney
vw/CityAtt/Chad/Zones/ZC2706-B
June 10, 2009
[ GILBREATH, MAYOR PRO TEM
Zone Case No. 2706-B
page - 3 of 3
Ordinance No. 2009-00057
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of a 7.562 acre tract of land out of a 28.520 acre tract of land
described in Volume 1773, Page 669 Deed Records of Lubbock County, Texas, located in Section 5,
Block E, Lubbock County, Texas being further described as follows:
Beginning at a 1/2" iron rod with cap found in the North right-of-way line of Loop 289 as described in
Volume 1938, Page 464 Deed Records of Lubbock County, Texas, at the Southeast corner of Tract A.
South Loop Value Place, to the City of Lubbock, Lubbock County, Texas, according to the map, plat
and/or dedication dad thereof recorded in County Clerk File no. 2006022299 Official Public Records of
Lubbock County, Texan, and the Southwest corner of this tract which bears S. 00VT4 V E. a distance of
1376.44 feet and N. 89°57'00" E. a distance of 978.82 fat from the Northwest corner of said Section 5,
Block E, Lubbock County, Texas;
1*1IENCE N. 00'0741" W., along the East line of said Tract A, a distance of 206.90 feet to a I/2" iron rod
with cap found at a corner of this tract;
/ THENCE S. 89°5238" W., along the North line of said Tract A. a distance of 333.82 feet to a t/2" iron
rod with cap found in the East line of a tract of land described in Volume 10211, Page 88 Official Public
/ Records of Lubbock County, Texas, at a corner of this tract;
THENCE N. 00007'41" W., along the East time of said tract described in Volume 10259, Page 89, a
/ distance of 240,45 feet to a 1 /2" iron rod with cop found in the North line of said 28.520 acre tract and the
South right-of-way line of 70th Street as described in Volume 862, Page 19 and in Vohrme 1361, Page
965, both in Deed Records of Lubbock County, Texas, at the Northwest corner of this tract
TiiENCE N. 89°52'38" E., along the North line of said 28.520 acre tract and the South right-of-way line
of said 70th Street, a distance of 630.13 feet to a point of curvature, from whence a found lit" iron rod
bears N. 89°52 38" E. a distance of 15.00 fat
THENCE Southeasterly, along the North line of said 28.520 acre tract and said South right-of-way line,
around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90' and a chord
distance of 2l .21 fat to a point of tangency;
THENCE S. 00°0722" E., continuing along the North line of said 28.520 acre tract and said South
right-of-way line, a distance of 18.00 feet to a 3/8" iron rod found at a corner of this tract;
THENCE N. 89°52 38" E., continuing along the North line of said 28.520 acre had and said South
right-of-way line, a distance of 60.00 feet to a 112" iron rod found at a corner of this tract
THENCE N. 00°07 22" W., continuing along the North line of said 28.520 acre tract and said South
right-of-way line, a distance of 18.00 feet to a point of curvature, from whence a found 1/2" iron rod bears
N. 00°07'22" W. a distance of 15.00 fat
THENCE Northeasterly, continuing along the North line of said 28.520 acre tract and said South
right-of-way line, around a curve to the right, said curve having a radius of 15.00 fat, a central angle of
90" and a chord distance of 21.21 feet to a point in the North line of said 28.520 acre had and South
right-of-way line of 70th Street for a point of tangency;
THENCE N. 89°52 38" E., continuing along the North line of said 28.520 acre tract and said South
right-of-way line, a distance of 208.68 fat to a 1/2" iron rod with cap found at the Northwest comer of a
4.00 acre tract of land described in County Cleric File no. 2006021509, Official Public Records of
Lubbock County, Texas, at the Northeast corner of this tract;
THENCE S. 00°0741" E., along the West line of said 4.00 acre tract, a distance of 396.97 feet to a 1/2"
iron rod with cap found in the North right-of-way line of said Loop 289, for the Southeast corner of this
tract;
THENCE Southwesterly, along said North right-of-way line, around a curve to the right, said curve
having a radius of 939.93 fat, a central angle of 01°03'06", tangent lengths of 8.63 fat, a chord distance
of 17.25 fat and a chord bearing of S. 84"34'01" W. to a 1/2" iron pipe found at a point of intersection;
TiiENCE S. 85002'53" W., continuing along the North right-of-way line of said Loop 289, a distance of
579.87 feet to the Point of Beginning.
CERTIFICATION TO: If. A. Sessions
1, Brent Carroll, Texas Registered Professional Land Surveyor No. 5410, do hereby certify that this survey
was made on the ground and is in substantial compliance with Standard TREC Contract Form No. 20-6, a
determination as to whether this property lies within a special flood hazard area was not made for this
survey.
May 31, 2006
June 21, 2006: revised to change adjoiner information.
June 30, 2006: revised to correct metes and bounds.
July 6, 2006: revised to correct metes and bounds.
July 7, 2006: revised to correct metes and bounds.
Brent Carroll
Registered Professional
Land Surveyor No. 5410
Ordinance No. 2009-00057
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of a 7.562 acre tract of land out of a 28.520 acre no of land
described in Volume 1773, Page 669 Deed Records of Lubbock County, Texas, bated in Section 5,
Block E, Lubbock County, Texas being farther described as follows:
Beginning at a 1/2" iron rod with cap found in the North right-of-wav line of Loop 289 as described in
Volume 1939, Page 464 Deed Records of Lubbock County. Texas, at the Southeast coiner of Tract A.
South Loop Value Place, to the City of Lubbock, Lubbock County, Tetras, according to the map, plat
and/or dedication dad thereof recorded in County Cleric File no. 2006022299 Official Public Records of
Lubbock County, Texas, and the Southwest corner of this pact which bears S. OOT741" E. a distance of
1576.44 feet and N. 89°57'00" E. a distance of 978.82 fat from the Northwest corner of said Section 5,
Block E. Lubbock County, Texas;
T'l1ENCE N. 0(r07'4l" W., along the East line of said Tract A, a distmce of 206.90 feet to a 1/2" iron rod
with cap found at a corner of this tract;
' THENCE S. 89°5218" W., along the North line of said Tr-4 A - a'-'--
'- �3.82 fed to a 1/2" iron
rod with ap found in the r
Page 88 Official Public
Records of Lubbock Coun
THENCE N. W0741" W.
10258, Page 98, a
distance of 240.45 feet to a
28.520 acre tract and the
South right-of-way line of i
n Vohnne 1361, Page
965, both in Dad Records t
this tract;
THENCE N. 89°52'38" E., i
right-of-way line
of said 70th Street, a distame
a found 1/2" iron rod
bears N. 8905238" E. a disq
THENCE Southeasterly, abt -
nth right-of-way line,
around a curve to the right, sa
of 90' and a chord
distance of 21.21 fat to a poi
I
THENCE S. 00°0722" E., ca
and said South
right-of-way line, a distance o
-- __ pact;
THENCE N. 891-5238" E., continuing along the North line of said 28.520
acre tract and said South
right-of-way line, a distance of 60.00 feet to a 1/2" iron rod found at a corner of this tract;
THENCE N. 00°0T22" W., continuing along the North line of said 29.520 acre tract and said South
right-of-way line, a distance of 19.00 fat to a point of curvature, from whence a found 1/2* iron rod bears
N. 00°0722" W. a distance of 15.00 fat;
THENCE Northeasterly, continuing along the Notch Tune of said 29.520 acre tract and said South
right -of --way line, around a curve to the right, said curve having a radius of 15.00 fat, a antral angle of
90° and a chord distance of 21.21 fat to a point in the North line of said 28.520 acre tract and South
right-of-way line of 74th Street for a point of tangency;
THENCE N. 89°5238" E., continuing along the North line of said 29.520 acre tract and said South
right-of-way line, a distance of 209.68 feet to a 1/2" iron rat with cap found at the Northwest comer of a
4.00 acre tract of land described in County Clerk File no. 2006021509, Official Public Records of
Lubbock County, Texas, at the Northeast corner of this tract;
THENCE S. 00'07'41" E., along the Walt line of said 4.00 ache uuM a distance of 396.97 Poet to a 1/2"
iron rod with cap found in the North right-of-way line of said Loop 289, for the Southeast owner of this
tract:
THENCE Southwesterly, along said North right-of-way line, around a cuwe to the right, said curve
having a rsdins of 939.93 feet, a central angle of 01°03V6", tangent lengths of 8.63 feet, a chord distance
of 17.25 feet and a chord bearing of S. 84*UVI" W. to a 1R" iron pipe found at a point of intersection;
THENCE S. 95002153" W., continuing along the North right-of-way line of said Loop 289, a distance of
579.97 feet to the Point of Beginning.
CERTIFICATION TO: 11. A. Sessions
1, Brent Carroll, Texas Registered Professional Land Surveyor No. 5410. do hereby ce tw that this survey
was node on the ground and is in substantial compliance with Standard TREC Contract Form No. 204, a
determination, as to whether this property lies within a special flood hazard are was rat made for this
Survey.
May 31, 2006
June 21, 2006: revised to change adjoiner information.
June 30, 2006: revised to correct mates and bounds.
July 6, 2006: revised to correct metes and boards.
July 7, 2006: revised to correct metes and bounds.
Brent Carroll
Registered Professional
Land Surveyor No. 5410
State of Texas
m
HE STATE OFfTEXAS�,�,�
:OUNTY OF LUBBOCK
0
3efore me Wend& J. Knox a Notary Public in and for Lubbock Gounty, Texas on this
lay personally appeared Mary Elizabeth George of the Southwestern Newspaper
:orporation, publishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly sworn
lid dispose and ray that said newspaper has run continuously for more than fifty-two weeks prior to the first
nsertion of this Le al Notice
No. at Lubbock County, Texas and the attachW
printed copy of the Legal Notice
-UBBOCK AVALANCHE40URNAL
is a true copy of the original and was printed In the Lubbock
NOTARY PU C in and for the State of Texas
my commission Expires 4/28/2012
Norris Communication Corporation
Subscribed and sworn to before me this day of
FORM 58-10
WENDY J. KNOX
f NOTARY PUBLIC
State of Texas
Comm. Exp. 04-28-2012
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this
day personally atlppeared MaryryElizabeth George of the Southwestern Newspaper
Corporation, public wm of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn
did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
insertion of this Legal Notice
No. at Lubbock County, Texas and the attached
printed copy of the Legal Notice is a true copy of the original and wa printed in the Lubbock
Avalanche -Journal on the following dates: dL (4a1O 0 = ' = (.a q . as
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
Subscribed and sworn to before me this A� r4
FORM 58-10
P16TARYPIffil IC in and for the State of Texas
my commission Expires 412812012
day of
v�07
FW41
WENDY J. KNOX *= =NOTARY PUBLIC
State of Texas
Fvn nA-00-13A.10