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Home My WebLink AboutOrdinance - 2016-O0133 - Zone Case 3292 - 09/08/2016First Reading August 25, 2016 Item No. 7.5 ORDINANCE NO. 2016-00133 Second Reading September 8, 2016 Item No. 6.10 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3292; A ZONING CHANGE FROM IHC, A-2, AND A-3 TO CA SPECIFIC USE FOR A MIXED-USE STRUCTURE, ON 4.5 ACRES OF LAND OUT OF LOT A, BLANKENSHIP #2 ADDITION, LUBBOCK. TEXAS; SUBJECT TO CONDITIONS; 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, 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. 3292 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 IHC, A-2 AND A-3 to CA Specific Use for a mixed-use structure on 4.5 acres of land out of Lot A, Blankenship #2 Addition, City of Lubbock, Lubbock County.. Texas, located at 2812 4'h Street, 301 and 303 Detroit Avenue, 2805 3,d 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 be tied to the proposed site plan with the ability for staff to make minor modifications. 2. THAT some commercial parking shall be available to the public within the parking garage. 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 IHC, A-2 and A-3 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 2812 41h Street, 301 and 303 Detroit Avenue, 2805 311 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 August 25, 2016 Passed by the City Council on second reading on September 8, 2016 L&1� --- --- DANIEL M. P PE, MAYOR Zone Case No. 3292 page - 2 of 3 ATTEST: Reb cca Garza, City Secreta APPROVED AS TO CONTENT: lz ' - -- - — Andrew Paxton, Director of Planning WIN aa.toiMAIfIIM -IMEel7LA Justin . Pr itt, As, stant City Attorney vw CityAtt/Justin, Lones. ZC3292 August 4, 2016 Zone Case No. 3292 page - 3 of 3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 EXHIBIT "A" METES AND BOUNDS DESCRIPTION of an approximate 4.5 acre tract of land being a portion of Lot A, Blankenship Addition No. 2 to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North right-of-way line of Marsha Sharp Freeway and the East right-of-way line of Detroit Avenue, for the Southwest corner of this tract which bears East an approximate distance of 40.5 feet and N. 00°05'33" E. an approximate distance of 76.0 feet from the Southwest corner of the Southeast Quarter of Section 20, Block A, Lubbock County, Texas; THENCE N. 00°05'33" E., along the West right -of -line of said Detroit Avenue, an approximate distance of 539.2 feet to a point of curvature for the most Westerly Northwest corner of this tract; THENCE Northeasterly, continuing along the West right-of-way line of said Detroit Avenue, along a curve to the right, said curve have an approximate radius of 15.0 feet, a central angle of 89°56'14", an approximate chord bearing of 21.2 feet and a chord bearing of N. 45°03'40" E. to a point of tangency in the South right-of-way line of 3rd Street for the most Northerly Northwest corner of this tract; THENCE S. 89058'13" E., along the South right-of-way line of said 3rd Street, an approximate distance of 354.0 feet to a point for the Northeast corner of this tract; THENCE SOUTH an approximate distance of 512.4 feet to a point in the North right-of-way line of said Marsha Sharp Freeway for the Southeast corner of this tract; THENCE Southwesterly, along the North right-of-way line of said Marsha Sharp freeway, along a curve to the right, said curve have an approximate radius of 1122.9 feet, a central angle of 04°21'50", an approximate chord distance of 85.5 feet and a chord bearing of S. 82°50'59" W. to a point of intersection; THENCE S. 83°48'10" W., continuing along the North right-of-way line of said Marsha Sharp freeway, an approximate distance of 286.7 feet to the Point of Beginning. Contains: Approximately 4.5 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY 3rd PLACE ll — Ip I� �czw 481011W I� Iw IQ I I J 286.7' L-----83 -------- Lo W O c:) z Im Z THIS POINT BEARS EAST AN APPROXIMATE DISTANCE OF 40.5 FEET AND N00°05'33"E AN APPROXIMATE DISTANCE OF 76.0 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 20, BLOCK A ACCESS R=112AD ONE-WAY WEST BOUND p-0 4 21250 I CH=85.5 ' L-------- — — CB=S820 50' 59"W T -4th S -TRE -ET — — PROPOSED ZONING LOCATED IN SECTION 20, BLOCK A F.M M. 56- ------ 3rd---- -T�T — R-15.0' �-- S89°58'13"E 354.0' A=89°56'14" CH=21.2' I CB=N45° 3'40"E I Iw I Iz) Iw i> o IQ N � Lo `� PROPOSED ZONING W� co (4.5 ACRES) CD I ch 3rd PLACE ll — Ip I� �czw 481011W I� Iw IQ I I J 286.7' L-----83 -------- Lo W O c:) z Im Z THIS POINT BEARS EAST AN APPROXIMATE DISTANCE OF 40.5 FEET AND N00°05'33"E AN APPROXIMATE DISTANCE OF 76.0 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 20, BLOCK A ACCESS R=112AD ONE-WAY WEST BOUND p-0 4 21250 I CH=85.5 ' L-------- — — CB=S820 50' 59"W T -4th S -TRE -ET — — PROPOSED ZONING LOCATED IN SECTION 20, BLOCK A F.M M. 56-