HomeMy WebLinkAboutOrdinance - 2017-O0005 - Zone Case 1615-M - 01/26/2017First Reading Second Reading
Item No.7.3 Item No.7.9
January 12,2017 January 26,2017
ORDINANCE NO.2017-00005
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES:ZONE CASE NO.1615-M;A ZONING CHANGE FROM C-3
SPECIFIC USE TO C-4 ZONING DISTRICT ON 0.5613 ACRES OF
UNPLATTED LAND OUT OF TRACT B,SOUTH PLAINS ADDITION,
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 bythe 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
compliancewith Section 40.01.005 of the Code of Ordinances,City of Lubbock,Texas,
andthe notices provided bythe Texas Local Government Code §211.007 (Vernon,1990),
and notice was duly published in the Lubbock Avalanche-Journal morethan fifteen (15)
days prior to the date of the public hearing before the City Council on such proposed
amendment,andthe public hearing according to said notice,washeldinthe City Council
Chamber of the Municipal Building,Lubbock,Texas,at which time persons appeared in
supportof the proposal; and after said hearing,it was bythe CityCouncil 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 bodyof this
Ordinances 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.1615-M
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 C-3 Specific Use to C-4 zoning district
on 0.5613 acres out of Tract B,South Plains Addition,City of Lubbock,
Lubbock County, Texas located at 6002 Slide Road,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 zone change be tied to the site plan for the proposed location.
SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a
misdemeanor punishable by a fine not to exceed Two Thousand and No/100 Dollars
($2,000.00) as provided in Section 40.01.006 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 on January 12, 2017
Passed by the City Council on second reading on January 26, 2017
ATTEST:
Re ecca Garza, City Seceta
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
1 I /
r V
issista t City Attorney
1615-M
16
DANIEL M. POPE, MAYOR
Zone Case No. 161 S-M
page - 2 of 2
6310 Genoa Ave. Suite A, Lubbock TX. 79424
Phone:806-687-1569 Fax:806-702-8995
Texas Firm Registration No. 10087500
E-mail: stevenssurvey@hotmail.com
norris@stevenssurvey.com
DESCRIPTION:
A 0.5613 ACRE TRACT OF LAND LOCATED IN TRACT B, SOUTH PLAINS ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, ACCORDING TO THE MAP, PLAT AND/OR DEDICATION
DEED THEREOF, RECORDED IN VOLUME 1429 PAGE 282 OF THE DEED RECORDS OF LUBBOCK
COUNTY, TEXAS, AND BEING A PORTION OF THE SOUTH PLAINS MALL WEST PARKING LOT AND
SITUATED WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO MS PORTFOLIO, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, DESCRIBED IN A DEED RECORDED IN COUNTY
CLERK'S FILE NUMBER 2015015231 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY,
TEXAS, SAID 0.5613 ACRE TRACT BEING FURTHER DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A "MAG" NAIL SET FOR THE SOUTHWEST CORNER OF THIS TRACT, WHENCE A 1/2"
IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID TRACT B BEARS S. 890 59' 33" W. A
DISTANCE OF 202.17 FEET AND S. 000 00' 27" E. A DISTANCE OF 301.42 FEET, AND A 1/2" IRON ROD
WITH A METAL CAP STAMPED "SW SEARS" FOUND AT THE SOUTHWEST CORNER OF SAID MS
PORTFOLIO TRACT BEARS S. 890 59' 33" W. A DISTANCE OF 65.88 FEET AND S. 000 00' 27" E. A
DISTANCE OF 393.94 FEET;
THENCE N. 000 13' 21" W. A DISTANCE OF 89.93 FEET TO A "MAG" NAIL SET FOR THE NORTHWEST
CORNER OF THIS TRACT, WHENCE A 1/2" IRON ROD WITH A METAL CAP STAMPED "NW SEARS"
FOUND AT THE NORTHWEST CORNER OF SAID MS PORTFOLIO TRACT BEARS S. 890 59' 33" W. A
DISTANCE OF 65.54 FEET AND N. 000 00' 27" W. A DISTANCE OF 216.84 FEET;
THENCE S. 890 53' 47" E. A DISTANCE OF 242.29 FEET TO A "MAG" NAIL SET FOR THE NORTHEAST
CORNER OF THIS TRACT;
THENCE S. 320 26' 03" E. A DISTANCE OF 64.19 FEET TO A "MAG" NAIL SET AT A POINT OF
INTERSECTION FOR A CORNER OF THIS TRACT;
THENCE N. 890 53' 37" E. A DISTANCE OF 9.67 FEET TO A "MAG" NAIL SET AT A POINT OF
INTERSECTION FOR A CORNER OF THIS TRACT;
THENCE S. 000 08' 56" W. A DISTANCE OF 37.03 FEET TO A "MAG" NAIL SET FOR THE SOUTHEAST
CORNER OF THIS TRACT;
THENCE N. 890 39' 39" W. A DISTANCE OF 285.94 FEET TO THE POINT OF BEGINNING. BEARINGS ARE
RELATIVE TO SAID PLAT OF TRACT B, SOUTH PLAINS ADDITION. DISTANCES ARE AT SURFACE, IN
U.S. SURVEY FEET.
(SHEET 2 OF 2, PLAT OF SURVEY ATTACHED AS SHEET 1)