HomeMy WebLinkAboutOrdinance - 2017-O0006 - Zone Case 3301 - 01/26/2017First Reading Second Reading
Item No.7.5 Item No.7.11
January 12,2017 January 26,2017
ORDINANCE NO.7Q17-O0006
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES:ZONE CASE NO. 3301; A ZONING CHANGE FROM T TO C-3
ZONING DISTRICT ON 9.73 ACRES OF UNPLATTED LAND OUT OF BLOCK
E-2,SECTION 16,LUBBOCK,TEXAS;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 bythe City Council and,afterdue consideration,the City Council found thatdue
to changed conditions,it would be expedient and in the interest of the public health,
safetyand general welfareto make those proposed changes in zoning;and
WHEREAS,the 1986 Comprehensive Land Use Planas amended is a guide to help the
Lubbock Planning and Zoning Commission and City Council determine the physical
development of the community;however,planning isa continuous process and change is
inevitable;and
WHEREAS,the Lubbock Planning and Zoning Commission andCity Council recognize
that the zone change is a minor deviationfrom 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 40.01.005 of the Code of Ordinances,City of Lubbock,Texas,
andthe notices provided bythe Texas LocalGovernmentCode §211.007 (Vernon,1990),
and noticewas duly publishedin the Lubbock Avalanche-Journal morethan 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 saidnotice, was held in the City Council
Chamberof 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.3301
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 9.73 acres
of unplatted land out of Block E-2, Section 16, City of Lubbock, Lubbock
County, Texas, located at 10701 Slide Road, and being further described as
follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
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 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 cca Garza, City Secret ry
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
� /1--41
Justin D. rui , Assistint City Attorney
vw/cityatt/Jusi
December 12,
DANIEL M. POPE, MAYOR
Zone Case No. 3301
page - 2 of 2
Pant and Feld No4es
A 9.73 Acre Traci
Out of Section 16, Block E-2,
Lubbock County, Texas
FIELD NOTES on a 9.73 acre tract out of the Southwest 1/4 of Section 16, Block E-2,
Lubbock County, Texas, further described by metes and bounds as follows:
BEGINNING at a point in the center of F. M. 1730 and the West line of Section 16,
for the Northwest corner of this tract and the Southwest corner of the tract
described in Volume 4367, Page 189, Lubbock County Real Property Records, from
whence a railroad spike found at the Southwest corner of Section 16 bears S 00 01' 37' E,
2322.33 feet;
THENCF. S 890 59' 07' E. at 40 feet pass a set 1/2' rod with orange cap marked P.PLS # 4460
in the East Right of Way line of F. M. 1730, in all 446.2 feet to a found iron rod with
yellow cap at the Northwest corner of a 32.7 acre tract and the Northeast corner of this
tract;
THENCE S 00 01' 37' E, along the West line of the 32.7 acre tract, 950.02 feet to a found
rod with cap in the North line of a 6.22 acre tract for the Southwest corner of the 32.7
acre tract and the Southeast corner of this'tract;
THENCE N 890 58' 34' W, at 406.2 feet pass a found rod with cap in the East right of way
line of F. M. 1730, in all 446.2 feet to a point in the center of F. M. 1730 and the West
line of Section 16 for the Southwest corner of this tract and the Northwest corner of the
6.22 acre tract;
THENCE N 00 01' 37' W. 949.95 feet to the PLACE of BEGINNING and containing 9.73 acres
including any Right of Way.
�89'0 59 ' 07 ' E 446.
_ - _ D-' FUTURE_B4w-1
0'
110.0' 55,
80.0' XISTING ROW LINE
FUTURE ROW LINE
40.0'
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Telephone Eas anent
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1.5' Easement Adiacenl to
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ROW Line V. 643. P. 150
THIS TRACT IS NOT SHOWN TO LIE WITHIN A
SPECIAL FLOOD HAZARD AREA' ON COMMUNITY
PANEL # 480915-0007A, EFFECTIVE DATE
11-29-1977, FOR LUBBOCK COUNTY. LUBBOCK
COUNTY HAS NOT ADOPTED THESE MAPS AND
DOES NOT PARTICIPATE IN THE FEDERAL FLOOD
INSURANCE PROGRAM.
J CIESZINSKI. RPL 4460
32.7 ACRE TRACT PLAT 94NN As SI.46ED ON THE
GROUND
'.-Se�ltrctf_. -moo
Scde r=20t7
Surveyed for: SERVICE UTLE
GF # 65014
❑ Fond Rod with cap (Hugo Reed)
0 1/2" Rod with Cap (RPLS >< 4460)
IX
w O Found Spike Nail
0:
t—
■ Telephone Pedeslal and Sign
❑ SET 1/2- ROD
a Bearings Relative to West Line
t
406.2 to
r N89olu
5$
FUTURE ROW _
FUTURE ROW _o — _ —
34'W 446.2'
6.22 Acre Tract
II I'd Railroad Spike
Southwest Corner
Section 16, Block E-2