HomeMy WebLinkAboutOrdinance - 2015-O0063 - Zone Case 3256 - 06/11/2015First Reading
May 28, 2015
Item No. 7.8
ORDINANCE NO. 2015-00063
Second Reading
June 11, 2015
Item No. 6.29
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3256; A ZONING CHANGE FROM R-1 TO C-3
ZONING DISTRICT ON 20.9 ACRES OF UNPLATTED LAND OUT OF BLOCK
AK, SECTION 34, 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. 3256
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 R-1 to C-3 zoning district on 20.9 acres
of unplatted land out of Block AK, Section 34, City of Lubbock, Lubbock
County, Texas located at 7010 34"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 screening fence requirement shall be waived.
2. TIIAT construction must match adjacent materials and construction.
3. THAT windows above a 10' height level are permitted facing the
residential zoned property to the west.
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 mays 2()1 5
Passed by the City Council on second reading on June 11 2015
". .melon
Rebe a Garza, City Secretar;
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QktN C. ERTSON, MAYOR
Zone Case No. 3256
page -1 of 3
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
Justi. 1 itt, Assi6 ant City Attorney
vw•/CityAlt/lustin/Zones/ZC3256
May 7, 2015
Zone Case No. 3256
page -3of3
AMD ENGINEERING, LLC
Rezone to C-3
METES AND BOUNDS DESCRIPTION of a 20.9 acre tract of land located in Section
44, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point in which bears N 88°08'27" W an approximate distance of
2711.82 feet and N O1°51'33" E an approximate distance of 53.56' from the Southeast
corner of Section 44, Block AK, Lubbock County, Texas;
THENCE N 88008'25" W an approximate distance of 300.00 feet;
THENCE N 01 052'09" E an approximate distance of 793.45 feet;
THENCE N 88°07'51" W an approximate distance of 506.47 feet;
THENCE N 01051'25" E an approximate distance of 877.54 feet;
THENCE S 88013'09" E an approximate distance of 230.73 feet;
THENCE Southeasterly along a curve to the right having a radius of 600 feet, and arc
length of 943.40 feet, a central angle of 90'05'18", a chord distance of 849.18 feet, and a
chord bearing of S 43°10'30" E;
THENCE S 01052'09" W an approximate distance of 1046.29 feet;
THENCE S 46°51'52" W an approximate distance of 35.36 feet to the Point of
Beginning and containing approximately 20.9 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: MRXNO, LLC
April 13, 2015
CAd