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Home My WebLink AboutOrdinance - 2016-O0177 - Zone Case 3299 - 12/15/2016First Reading December 1, 2016 Item No. 6.8 ORDINANCE NO. 2016-00177 Second Reading December 15, 2016 Item No. 7.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3299; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR REDUCED SETBACKS. ON 123.943 ACRES OF UNPLATTED LAND OUT OF BLOCK E, 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 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. 3299 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 T to R-1 Specific Use for reduced setbacks on 123.943 acres of unplatted land out of Block E, Section 16, City of Lubbock, Lubbock County, Texas, located at North of 14611 Street and East of University Avenue, 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 T 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 North of 1461h Street and East of University Avenue, 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 December 12016 Passed by the City Council on second reading on December 15, 2016 ATTEST: Rebe ca Garza, City Secretar DANIEL M. POPE. MAYOR Zone Case No. 3299 page - 2 of 3 APPROVED AS TO CONTENT: �fy , Andrew Paxton, Director of Planning APPROVED AS TO FORM: Justin . ruitt, A istant City Attorney vw. CityAtt/Justm/Zones/ZC3299 November I. 2016 Zone Case No. 3299 page -3 of DESCRIPTION: A 123.943 ACRE TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 16, BLOCK E, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NUMBERS 664 AND 1000, LUBBOCK COUNTY, TEXAS, AND BEING SITUATED WITHIN A PORTION OF THAT CERTAIN TRACT OF LAND IN THE NORTHWEST QUARTER (NW/4) OF SECTION 16, BLOCK E, ABSTRACT NO. 664 CONVEYED TO GARY BELL DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED IN VOLUME 6922, PAGE 54 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS, AND A PORTION OF THAT CERTAIN TRACT OF LAND IN THE SOUTHWEST QUARTER (SW/4) OF SECTION 16, BLOCK E, ABSTRACT NO. 1000 DESCRIBED AS TRACT I IN A DEED OF PARTITION RECORDED IN VOLUME 3107, PAGE 280 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS, SAID 123.943 ACRE TRACT BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE FOUND NEAR THE CENTER OF THE INTERSECTION OF COUNTY ROAD 2200 (SOUTH UNIVERSITY AVENUE) AND COUNTY ROAD 7500 (146TH STREET) AT THE SOUTHWEST CORNER OF SAID SECTION 16, SAME BEING THE COMMON CORNER OF SECTIONS 1 AND 2 OF BLOCK AK, AND SECTION 21 OF BLOCK E, LUBBOCK COUNTY, TEXAS, FOR THE SOUTHWEST CORNER OF THIS TRACT, SAID SOUTHWEST CORNER HAVING COORDINATES OF NORTHING: 7,231,217.68 AND EASTING: 940,850.64, TEXAS COORDINATE SYSTEM OF 1983 (2011), TEXAS NORTH CENTRAL ZONE; THENCE N. 01° 51'20" E., ALONG THE WEST LINE OF SAID SECTION 16, A DISTANCE OF 910.52 FEET TO A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" SET FOR THE MOST WESTERLY NORTHWEST CORNER OF THIS TRACT AND THE SOUTHWEST CORNER OF A 36.500 ACRE TRACT OF LAND SURVEYED THE SAME DATE HERE -WITH; THENCE S. 88' 08'40" E., AT A DISTANCE OF 40.00 FEET PASS A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" SET IN THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 2200 (SOUTH UNIVERSITY AVENUE), AS DESCRIBED IN A RIGHT-OF-WAY EASEMENT RECORDED IN VOLUME 532, PAGE 132 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, CONTINUING FOR A TOTAL DISTANCE OF 899.55 FEET TO A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" SET FOR AN ELL CORNER OF THIS TRACT AND THE SOUTHEAST CORNER OF SAID 36.500 ACRE TRACT; THENCE N. 01' 51'20" E., AT A DISTANCE OF 1737.53 FEET PASS A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" SET IN THE NORTH LINE OF SAID SOUTHWEST QUARTER (SW/4), SAME BEING THE SOUTH LINE OF SAID NORTHWEST QUARTER (NW/4), CONTINUING FOR A TOTAL DISTANCE OF 1769.53 FEET TO A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" SET IN THE SOUTH LINE OF THAT CERTAIN 153.572 ACRE TRACT OF LAND CONVEYED TO REAL PROPERTY RESOURCES, INC. DESCRIBED IN A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2015033573 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS, FOR THE MOST NORTHERLY NORTHWEST CORNER OF THIS TRACT AND THE NORTHEAST CORNER OF SAID 36.500 ACRE TRACT; THENCE S. 88' 24' 19" E., ALONG THE SOUTH LINE OF SAID 153.572 ACRE TRACT, A DISTANCE OF 1710.62 FEET TO A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" FOUND AT THE SOUTHEAST CORNER OF SAID 153.572 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S. 02° 00'08" W., ALONG THE EAST LINE OF SAID NORTHWEST QUARTER (NW/4), A DISTANCE OF 32.00 FEET TO A 3/4" IRON PIPE FOUND AT THE EAST COMMON QUARTER CORNER OF SAID NORTHWEST QUARTER (NW/4) AND SAID SOUTHWEST QUARTER (SW/4) FOR A CORNER OF THIS TRACT, SAID QUARTER CORNER HAVING COORDINATES OF NORTHING: 7,233,786.96 AND EASTING: 943,544.67, TEXAS COORDINATE SYSTEM OF 1983 (2011), TEXAS NORTH CENTRAL ZONE; THENCE S. 01' 43'29" W., AT A DISTANCE OF 2611.25 FEET PASS A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" SET IN REFERENCE, CONTINUING FOR A TOTAL DISTANCE OF 2641.25 FEET TO A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" FOUND NEAR THE CENTER OF COUNTY ROAD 7500 (146TH STREET) AT THE SOUTH QUARTER CORNER OF SAID SECTION 16 FOR THE SOUTHEAST CORNER OF THIS TRACT, WHENCE A 3/4" IRON PIPE FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 16 BEARS S. 88° 27' 50" E. A DISTANCE OF 2616.14 FEET, SAID SOUTHEAST SECTION CORNER HAVING COORDINATES OF NORTHING: 7,231,077.46 AND EASTING: 946,079.73, TEXAS COORDINATE SYSTEM OF 1983 (2011), TEXAS NORTH CENTRAL ZONE; THENCE N. 88° 27' 50" W. A DISTANCE OF 2616.14 FEET TO THE POINT OF BEGINNING. BEARINGS ARE RELATIVE TO THE TEXAS COORDINATE SYSTEM OF 1983 (2011), TEXAS NORTH CENTRAL ZONE. THE CONVERGENCE ANGLE TO TRUE NORTH IS -01' 50' 14". DISTANCES ARE AT SURFACE, IN U.S. SURVEY FEET.