HomeMy WebLinkAboutOrdinance - 2016-O0046 - Zone Case 2871-D - 04/14/2016First Reading Second Reading
March 24.2016 April 14,2016
Item No.7.2 Item No.6.2
ORDINANCE NO.2016-00046
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES:ZONE CASE NO.2871-D;A ZONING CHANGE FROM C-3 TO A-2
ZONING DISTRICT ON 4.773 ACRES OF UNPLATTED LAND OUT OF BLOCK
AK,SECTION 28,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 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 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 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.2871-D
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 to A-2 zoning district on 4.773
acres of unplatted land out of Block AK, Section 28, City of Lubbock, Lubbock
County, Texas, located at 5902 98t6 Street, 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/I00 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 March 24 2016
Passed by the City Council on second reading on
GLEN`,V.Y0l3EWfSON, MAYOR
ATTEST:
Reb cca Garza, City Secr tary
APPROVED
DAAS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
Justin . P1 ittAss stant City Attorney
m/cityarin n/ZoneCase/ZC2871-D
March 3, 2016
Zone Case No. 2871-D
page - 2 of 2
Metes and Bounds Description on a 4.771 Acre (207,838 sq. fL) tract of land out of that tract described in
Volume 5016, Page 242, Real Property Records of Lubbock County, Texas, and out of Section 28, Block
AK, Lubbock County, Texas, and being more particularly described as follows;
Beginning at a 10 iron rod with cap, found for the Southwest comer of Tract "A", Day Estates, an
Addition to the City of Lubbock, Lubbock County, Texas, as recorded in County Clerk File Number
2009015165, Official Public Records of Lubbock County, Texas, and in the North Right of Way line of
98th Street as described in Volume 5732, Page 272, Real Property Records of Lubbock County, Texas,
for the Southeast and beginning comer of this tract;
Thence N87°59'40"W, along the said North Right of Way line of 98th Street, a distance of 504.58 feet to a
crows foot chiseled in concrete, set for the Southeast comer of that tract described in County Clerk File
Number 2011027397, Official Public Reoords of Lubbock County, Texas, and for the Southwest comer of
this trail;
Thence N02000'11"E, along the East line of said tract described in County Clerk File Number
2011027397, a distance of 363.00 feet to an "x" chiseled in concrete, set in the South Right of Way line of
96th Street as described in Volume 9291, Page 229, Official Public Records of Lubbock County, Texas,
for the Northeast comer of said tract described in County Clerk File Number 2011027397, and for the
Northwest comer of this tract;
Thence N76050'45"E, along the said South Right of Way line of 96th Street, a distance of 479.50 feet to a
1!2" iron rod with cap, found for the Northwest comer of that tract described in County Clerk File Number
2014000901, Official Public Records of Lubbock County, Texas, and for the most Northerly Northeast
comer of this tract;
Thence S01 048'39"W, along the West line of said tract described in County Clerk File Number
2014000901, a distance of 228.14 feet to a 1/2" iron rod with cap, found for the Southwest comer of said
tract described in County Clerk File Number 2014000901, and for a comer of this tract;
Thence S87045'5T'E, along the South line of said tract described in County Clerk File Number
2014000901, a distance of 39.96 feet to a 1/2" iron rod with cap, found for the Northwest comer of said
Tract "A", Day Estates, an Addition, and for the most Easterly Northeast comer of this tract;
Thence S01 046'33W, along the West line of said Tract "A", Day Estates, an Addition, a distance of
260.10 feet to the Point of Beginning.
Containing 4.771 Acres (207,838 sq. ft.) more or less
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