HomeMy WebLinkAboutOrdinance - 2016-O0132 - Zone Case 3291 - 09/08/2016First Reading
August 25, 2016
Item No. 7.4
Second Reading
September 8. 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. 3291, A ZONING CHANGE FROM R-1 AND T TO
C-2 ZONING DISTRICT ON 5 ACRES OF UNPLATTED LAND OUT OF BLOCK
E, SECTION 9, 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, 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 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:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 3291
SECTION I. 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 R-1 and T to C-2 zoning district on 5
acres of unplatted land out of Block E, Section 9, City of Lubbock. Lubbock
County, Texas located at 1901 82"' Street, 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 shall limit access points to 3-4 egress (curb
cuts) for the property including one along Avenue U.
2. THAT the screening fence requirement shall be waived.
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 August 25, 2016
Passed by the City Council on second reading on September 8, 2016
II ATTEST: 1
DANIEL". PE, MAYOR
Zone Case No. 3291
page - 2 of 3
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
'X�
Justin D. uit , Assist t City Attorney
vwNCityAtt/J ustin/Zones/ZC3291
August 4, 2016
Zone Case No 329/
page - 3 of 3
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HUGO REED AND
1601 AVENUE N / LUBBOCK
EXHIBIT "A"
ASSOCIATES, INC.
TEXAS 79401 / 8061763-5642 1 FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
METES AND BOUNDS DESCRIPTION of an approximate 5.0 acre tract of land located in Section 9, Block E,
Lubbock County, Texas, being further described as follows:
BEGINNING at the Northwest corner of the Northeast quarter of Section 9, Block E, Lubbock County, Texas, and
the Northwest corner of this tract;
THENCE East, along the North line of said Section 9, an approximate distance of 1151.0 feet to a point for the
Northeast corner of this tract;
THENCE South, at approximately 31.5 feet pass the Northwest corner of Tract A, RBA Investments -82nd Street
Subdivision, and continuing along the Western boundary of said Tract A for a total approximate distance of 191.0
feet to a point for the Southeast corner of this tract;
THENCE West, at approximately 205.0 feet pass the Northeast corner of Lot 1, The Preserve at Prairie Point,
continuing along the Northern boundary of said Lot 1, at approximately 1117.0 feet pass the Northwest corner of
said Lot 1, and continuing for a total approximate distance of 1151.0 feet to a point in the West line of the Northeast
Quarter of said Section 9 for the Southwest corner of this tract;
THENCE North, along the West line of the Northeast Quarter of said Section 9, an approximate distance of 191.0
feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT A SURVEY.
Prepared for Johnny Owens
July 9, 2016