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HomeMy WebLinkAboutOrdinance - 2015-O0069 - Zone Case 3257-A - 07/09/2015First Reading June 25, 2015 ORDINANCE NO. 2015-00069 Second Reading July 9, 2015 Item No. 7.7 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3257-A; A ZONING CHANGE FROM T TO A-2, C-3, GO, R-2 AND R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 303.576 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, 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. 3257-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 T to A-2, C-3, GO, R-2 and R-1 Specific Use for reduced setbacks on 303.576 acres of unplatted land out of Block AK, Section 1, City of Lubbock, Lubbock County, Texas, located south of 130`h Street, between Indiana Avenue and University Avenue, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit 4°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 south of 1301h Street, between Indiana Avenue and 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 June 25, 2015 Passed by the City Council on second reading on July 9, 2015 — —'-, A4� GLEN ERT N, MAYOR Zone Case No. 3257-A page -2of3 0461 IN Rebe t a Garza, City Secretar APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Justin D. Pr 'tt, A sistant ity Attorney vw/CityAtt/J ustin/Zones/ZC3257-A June 2. 2015 Zone Case No. 3257-A page - 3 of 3 Viridian, i mmrdh, on.cuen „r n,„ Preliminary for Review Purposes Only, Do Not Record NEERING ABACJ45 E SURVEYING 273781STSTREET LUBBOCK, TEXAS 79423 (806) 745-7670 umn� Metes and Bounds Description prepared for Zone Change Purposes Only on an 18.791 Acre tract out of Section 1, Block AK. Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point which bears S 01'46'06" W, approximately 620.85 feet. And S 88002'16" E, approximately 3820.45 feet from a found nail and washer accepted as the Northwest corner of Section 1: THENCE S 88°12'41" E, approximately 1100.28 feet: THENCE S 01046'06" W, approximately 744.70 feet: THENCE N 88307'53" W. approximately 1100.28 feet: THENCE N 01 046'06" E, approximately 743.17 feet to the PLACE of BEGINNING. containing 18.791 Acres Prepared for Zone Change Purposes only, does not represent an actual survey. 712-Auc -r ASACJ& ENGINEERING SUIRVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 Metes and Bounds Description prepared for Zone Change Purposes Only on an 88.057 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a found nail and washer accepted as the Northwest corner of Section 1 and the Northwest corner of this tract; THENCE S 88002'16" THENCE E, approximately 5286.98 feet; THENCE S 01 051'21" W, approximately 1360.98 feet; THENCE N 88213'54" W, approximately 364.16 feet; THENCE N 01`46'06" E, approximately 744.70 feet: THENCE N 88012'41" W, approximately 3586.71 feet, THENCE N 01'46'06" E, approximately 48.91 feet; THENCE N 88002'16" W, approximately 400.00 feet; THENCE S 01°46'06" W, approximately 354.52 feet; THENCE N 88002'16" W, approximately 934.00 feet,- eet; THENCE N 01 946'06" E, approximately 934.00 feet to the PLACE of BEGINNING, containing 88.057 Acres. Prepared for Zone Change Purposes only, does not represent an actual survey. G- 3 NGINEERING ABAC45 E SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 ER S P v G/ y-"n t C vS Count on it" Metes and Bounds Description prepared for Zone Change Purposes Only on an 137.554 Acre tract out of Section 1, Block AK, Lubbock County. Texas further described by metes and bounds as follows: BEGINNING at a point in the West line of Section 1 which bears S 01'46'06" W, approximately 1364.01 feet from a found nail and washer accepted as the Northwest corner of Section 1; THENCE S 88002'16" E, approximately 1334.01 feet; THENCE N 01'46'06" E. approximately 207.80 feet; THENCE S 88'0753" E, approximately 342.04 feet: THENCE N 72'00'31" E, approximately 192.28 feet; THENCE N 17'59'29" W, approximately 144.04 feet; THENCE N 72300'31" E, approximately 116.71 feet; THENCE N 01'46'06" E, approximately 288.19 feet; THENCE S 88°12'41" E, approximately 723.48 feet; THENCE S 01 046'06" W, approximately 298.90 feet; THENCE S 88007'53" E, approximately 882.73 feet; THENCE S 01 046'06" W, approximately 442.63 feet; THENCE N 88007'53" W, approximately 104.96 feet; THENCE S 01'51'21" W. approximately 861.70 feet; THENCE S 88007'53" E, approximately 1020.26 feet; THENCE N 01°51'21" E, approximately 861.70 feet; THENCE S 88007'53" E, approximately 310.08 feet; THENCE S 01 °51'21" W, approximately 1271.81 feet; THENCE N 88'07'31" W. approximately 4362.70 feet: THENCE N 01 046'06" E, approximately 644.80 feet; THENCE N 88002'16" W, approximately 385.10 feet; THENCE N 01 046'06" E, approximately 632.16 feet to the PLACE of BEGINNING containing 137.554 Acres. Prepared for Zone Change Purposes only, does not represent an actual survey. NEERING ABACJ45 E SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 Metes and Bounds Description prepared for Zone Change Purposes Only on a 5.703 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point in the West line of Section 1 which bears S 01'46'06" W, approximately 1996.18 feet from a found nail and washer accepted as the Northwest corner of Section 1; THENCE S 88002'16" E, approximately 385.10 feet: THENCE S 01°46'06" W, approximately 644.80 feet, THENCE N 88007'10" W, approximately 385.10 feet. THENCE N 01046'06" E, approximately 645.35 feet to the PLACE of BEGINNING. containing 5.703 Acres. Prepared for Zone Change Purposes only, does not represent an actual survey 0 1-0 A.c i V NEERING ASAC45 E SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 Metes and Bounds Description prepared for Zone Change Purposes Only on a 6.540 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point which bears S 01'46'06" W, approximately 628.39 feet: And S 88°02'16" E, approximately 1334.01 feet from a found nail and washer accepted as the Northwest corner of Section 1; THENCE S 88012'41" E, approximately 584.15 feet; THENCE S 01046'06" W, approximately 288.19 feet; THENCE S 72000'31" W, approximately 116.71 feet. THENCE S 17059'29" E. approximately 144.04 feet; THENCE S 72000'31" W, approximately 192.28 feet; THENCE N 88007'53" W, approximately 342.04 feet; THENCE N 01 `46'06" E, approximately 527.82 feet to the PLACE of BEGINNING. containing 6.540 Acres Prepared for Zone Change Purposes only, does not represent an actual survey. ASACJ6 ENGINEERING SUIRVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 RE "Count on it" Metes and Bounds Description prepared for Zone Change Purposes Only on a 15.628 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point which bears S 01'46'06" W, approximately 1362.50 feet; And S 88002'16" E, approximately 4749.76 feet from a found nail and washer accepted as the Northwest corner of Section 1; THENCE S 88011'59" E, approximately 535.14 feet, THENCE S 01'51'21" W, approximately 1272.44 feet; THENCE N 8807'53" W, approximately 535.14 feet, THENCE N 01'51'21" E, approximately 1271.81 feet: to the PLACE of BEGINNING. containing 15.628 Acres Prepared for Zone Change Purposes only, does not represent an actual survey. NGINEERING ASACJ& E SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 Metes and Bounds Description prepared for Zone Change Purposes Only on an 11.119 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point which bears S 01'46'06" W, approximately 620.85 feet: And S 88002'16" E, approximately 3820.45 feet from a found nail and washer accepted as the Northwest corner of Section 1: THENCE S 88012'41" E, approximately 1178.81 feet; THENCE S 01 046'06" W, approximately 743.17 feet: THENCE N 88'07'53" W. approximately 296.08 feet: THENCE N 01'46'06" E, approximately 442.63 feet; THENCE N 88007'53" W, approximately 882.73 feet. THENCE N 01 046'06" E. approximately 298.90 feet to the PLACE of BEGINNING, containing 11.119 Acres Prepared for Zone Change Purposes only, does not represent an actual survey. jz- z