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HomeMy WebLinkAboutOrdinance - 2014-O0040 - Zone Case No. 3222-A - 04/10/2014First Reading March 27, 2014 Item No. 6.1 ORDINANCE NO. 2014-00040 Second Reading April 10, 2014 Item No. 5.16 AN ORDINANCE AMENDING ZONING ORDINANCE NO, 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3222-A; A ZONING CHANGE FROM T TO C-3 ZONING DISTRICT ON 1.81 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 39, 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: E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3222-A SECTION 1. 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 T to C-3 zoning district on 1.81 acres of unplatted land out of Block AK, Section 39, City of Lubbock, Lubbock County, Texas located at 3418 Upland 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 screening fence shall be waived towards the adjacent undeveloped property to the west; however, should the property be developed as residential, a screening fence will be required at that time. SECTION 2. THAT violation of any provisions of this Ordinance shall be -med a misdemeanor punishable by a fine not to exceed Two Thousand and No/100 illars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City Lubbock. SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of Ordinance be declared unconstitutional or invalid for any reason, the remainder of Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publication the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. assed by the City Council on first reading on assed by the City Council on second reading on ATTEST: Garza, City S (APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPR ED A TO FORM: Chad Weaver Assistant City Attorney vw/CityAtt/Chad/Zones/ZC3222-A March 6, 2014 G March 27, 2014 April 10, 2014 C. ROBERTSON, MAYOR Zone Case No. 3222-A page - 2 of 2 a y 00 gyp S ° r 3 mei 9 —s.. ;mow ��zee s Zn�a :s .'g9 w9 �.� 'gym yv :3 Qd8 e ?M =�s �g ods Nso °o u V o e5 U isi wS 2 a 9 E u Zl �a mm oz' vSa'aw9 u °a` ca"z Egg p. gg 4t / F O Fs -- LLi (o3lrd.•,,5) H1f10S-HJ : / zdW�Q �& E.., - yy 0 o cam3 M jO- 414,0* �M o° .a 9 °, X—,�m sr9 W w T� .•a, o � � E oc pw IVAM H� a / O 2 � Q q� Z / a u ,Ob' 191 3„64,50°OON ( 3 J / Z �2 F J p ZQ � a W <F.5x 0 w0. pR �SgSsNgmww ,J3 �W-Z77 QWS \ G2ZNONODU'~, M uUi�i`lK�os©aRn METES AND BOUNDS DESCRIPTION of a 1.811 acre tract of land, being that same tract described in Volume 7736, Page 156 of the Real Property Records of Lubbock County, Texas, located in Section 39, Block AK, Lubbock being further described as follows: County, Texas, BEGINNING at a "cross hatch" nail with washer set in the East line of said Section 39, for the Southeast corner of a 0.9 acre tract described in Volume 1491, Page 52 of the Deed Records of Lubbock County, Texas and the Northeast corner of this tract which bears South a distance of 1068.51 feet from a railroad spike found at the Northeast comer of Section 39, Block AK, Lubbock County, Texas; THENCE South, along the East line of said Section 39, a distance of 277.22 feet to a "cross hatch" nail with washer set in the North line of a railroad right-of-way described in Volume 5007, Page 207 of the Real Property Records of Lubbock County, Texas, for the Southeast comer of this tract; THENCE N. 72011'12" W., along said North right-of-way line, at 42.01 feet pass a 1/211 iron rod with cap marked "RPLS No. 4460" found in the West line of a right-of-way easement described in Volume 486, Page 428 of the Deed Records of Lubbock County, Texas, continuing for a total distance of 377.89 feet to a 3/4" iron pipe found at the Southeast corner of a 27.9 acre tract described under County Clerk File Number 2013049547 of the Official Public Records of Lubbock County, Texas and the Southwest corner of this tract; THENCE N. 00°05'49" E., along the Eastern boundary of said 27.9 acre tract, a distance of 161.40 feet to a 1/2" iron rod with cap marked "RPLS No. 4460" found at the Southwest corner of said 0.9 acre tract and the Northwest comer of this tract; THENCE N. 89°57'55" E, along the Southern boundary of said 0.9 acre tract, at 319.50 feet pass a 1/2" iron rod with cap set in said West easement line, continuing for a total distance of 359.50 feet to the Point of Beginning. Contains: 78,880 aquare feet Bearings are relative to the East line of Section 39, Block and recognized as being North-South. AIC, previously surveyed CERTIFICATION TO: Stewart Title Co. FOR: GF# 01017-2348 Condray Design Group, Inc. ONLY I, Daniel E. Martinez, Texas Registered Professional Land Surveyor No. 4515, do hereby certify that this survey was made on the ground. A determination as to whether this property lies within a special flood hazard area was not made for this survey. April 3, 2014 C—� � Z, Vv, Daniel E. Martinez Registered Professional Land Surveyor No. 4515 State of Texas