HomeMy WebLinkAboutOrdinance - 2016-O0093 - Zone Case 3028-A - 06/09/2016First Reading
May 26, 2016
Item No. 6.8
Second Reading
June 9, 2016
Item No. 6.9
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3028-A; A ZONING CHANGE FROM IDP AND R-1
TO C-3, A-2, AND R-1 SPECIFIC USE FOR TOWNHOMES, ON 32.153 ACRES
OF UNPLATTED LAND OUT OF BLOCK D-3, SECTION 1, 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. 3028-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from IDP and R-1 to C-3, A-2, and R-1
Specific Use for townhomes on 32.153 acres of unplatted land out of Block D-
3, Section 1, City of Lubbock, Lubbock County, Texas, located at east of Martin
Luther King Jr., Boulevard and south of Regis Street, and being further
described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
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 40.03.3102 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 IDP and R-1 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
40.03.3101-40.03.3103 of Codified Zoning Ordinance No. 7084 on the property
described as east of Martin Luther King Jr. Boulevard and south of Regis 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 40.01.006 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
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 MU 26, 2016
Passed by the City Council on second reading on june g_ 2()16_
DANIEL M. 17OPE, MAYOR
Zone Case No. 3028-A
page -2of3
ATTEST:
Rebea Garza, City Secret
APPROVED AS TO CONTENT:
Andrew drwPaxton, Director of Planning
4
a
Justin D. r 'tt, Assik4 City Attorney
vw QtyAtt/Jusun Zones ZC3028-A
May 5, 2016
Zone Case No. 3028-A
page - 3 of 3
[AM[3
AMD ENGINEERING, LLC
Rezone to A-2
METES AND BOUNDS DESCRIPTION of a 13.685 acre tract of land located in Section
1, Block D-3, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point for the Northwest and beginning corner of this tract whence the
Southwest corner of Lot 1, Regis Park, an Addition to the City of Lubbock, Lubbock
County, Texas, recorded in County Clerk File Number 2015033257, Official Public
Records of Lubbock County, Texas, bears NO2°00'39"W, approximately a distance of
487.00 feet and N88°01'27"E, approximately a distance of 166.0 feet;
THENCE East, approximately a distance of 1085.0 feet to a point for the Northeast
comer of this tract;
THENCE South, approximately a distance of 554.0 feet to a point for the Southeast
corner of this tract;
THENCE West, approximately a distance of 1072.0 feet to a point for the Southwest
corner of this tract;
THENCE N00° 16'49"W, approximately a distance of 217.0 feet to a point for a corner of
this tract;
THENCE NO2000'39"W, approximately a distance of 337.0 feet to the Point of
Beginning and containing approximately 13.685 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Texas Investment Partners, LLC
April 12, 2016
P:V016116039S1 BD3-REGIS PARKISURVEYINGnELDNOTE DESCRIP71ONWONE CHANGE TO A•Zdoc
4ri�* AMID ENGINEERING, LLC
Rezone to R-1
METES AND BOUNDS DESCRIPTION of an 11.293 acre tract of land located in
Section 1, Block D-3, Lubbock County, Texas, prepared for Zone Change Purposes only
and being further described as follows:
BEGINNING at a point for the Southwest comer of Lot 1, Regis Park, an Addition to the
City of Lubbock, Lubbock County, Texas, recorded in County Clerk File Number
2015033257, Official Public Records of Lubbock County, Texas, and for the most
Northerly Northwest and beginning comer of this tract;
THENCE N88001'27"E, approximately a distance of 250.0 feet to a point for a corner of
this tract;
THENCE S78°03'41"E, approximately a distance of 786.0 feet to a point for the
Northeast corner of this tract;
THENCE S 15°26'35"W, approximately a distance of 277.0 feet to a point for a comer of
this tract;
THENCE S07003'1 7"W, approximately a distance of 71.0 feet to a point for the
Southeast comer of this tract;
THENCE West, approximately a distance of 1085.0 feet to the Southwest corner of this
tract;
THENCE NO2000'39"W, approximately a distance of 390.0 feet to a point for the most
Westerly Northwest corner of this tract;
THENCE N87058'43"E, approximately a distance of 166.0 feet to a point for a comer of
this tact;
THENCE N01058'33"W, approximately a distance of 97.0 feet to the Point of Beginning
and containing approximately 11.293 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Texas Investment Partners, LLC
April 12, 2016
P: 12016116039S1BD3-REGIS PARMSURVEYINGMELDNOTE DESCRIPTIONS120NE CHANGE TO R-1.do,
49ILL-* AMD ENGINEERING, LLC
Rezone to C-3
METES AND BOUNDS DESCRIPTION of a 7.175 acre tract of land located in Section
1, Block D-3, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point for the Northeast and beginning corner of this tract whence the
Southwest comer of Lot 1, Regis Park, an Addition to the City of Lubbock, Lubbock
County, Texas, recorded in County Clerk File Number 2015033257, Official Public
Records of Lubbock County, Texas, bears NO2°00'39"W, approximately a distance of
98.0 feet and N88°01'27"E, approximately a distance of 166.0 feet;
THENCE S02000'39"E, approximately a distance of 727.0 feet to a point for a corner of
this tract;
THENCE S00°16'49"E, approximately a distance of 527.0 feet to a point for the
Southeast corner of this tract;
THENCE West, approximately a distance of 250.0 feet to a point for the Southwest
corner of this tract;
THENCE N00° 16'49"W, approximately a distance of 436.0 feet to a point for a corner of
this tract;
THENCE NO1009'1 3"W, approximately a distance of 173.0 feet to a point for a comer of
this tract;
THENCE NO2000'39"W, approximately a distance of 636.0 feet to a point for the
Northwest corner of this tract;
THENCE N87059'21"E, approximately a distance of 250.0 feet to the Point of Beginning
and containing approximately 7.175 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Texas Investment Partners, LLC
April 12, 2016
P:0106039SIBDIREGIS PAROURVEYINGIFIELDNOTE DESCRIPTIONSUONE CHANGE TO C-Moc