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Home My WebLink AboutOrdinance - 2015-O0090 - Zone Case 3260 - 09/10/2015First Reading August 27, 2015 Item No. 7.6 ORDINANCE NO.2015-00090 Second Reading September 10, 2015 Item No. 7.9 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3260; A ZONING CHANGE FROM T TO C-3 ZONING DISTRICT ON 9.014 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 22, 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. 3260 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 T to C-3 zoning district on 9.014 acres of unplatted land out of Block E-2, Section 22, City of Lubbock, Lubbock County, Texas located at 11601 Quaker Avenue, 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 project be tied to the proposed site plan. 2. THAT the three parcels are limited to one curb cut as drawn on the site plan. 3. THAT a continuous and uninterrupted 6' tall masonry (stamped concrete panel) screening fence shall be required along any property line that abuts any property developed for residential use. 4. THAT the outdoor display be limited to the sidewalk immediately in front of the store. 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 27, 2015 Passed by the City Council on second reading on September 10,20 15 Zone Case No. 3260 page - 2 of 3 ATTEST: -O'L" 5� Rebec a Garza, City Secretary APPROVED AS TO CONTENT: 'Zi Andrew Paxton, Director of Planning APPROVED AS TO FORM: Justinb. Pruitt, Assis ity Attorney vw'CityAtt/Justin Zones/ZC3260 August 6, 2015 Zone Case No. 3260 page - 3 of 3 METES AND BOUNDS DESCRIPTION of an approximate 9.0 acre tract of land located in Section 22, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northwest corner of this tract S. 01'48'50" W. an approximate distance of 948 feet from the Northwest corner of Section 22, Block E-2, Lubbock County, Texas; THENCE S. 8801704" E. an approximate distance of 1102 feet to a point for the Northeast corner of this tract; THENCE S. 01 042'56" W. an approximate distance of 88 feet to a point for the most Easterly Southeast corner of this tract; THENCE N. 880165 1 " W. an approximate distance of 50 feet to a point for an "ell" corner of this tract; THENCE S. 01 043'09" W. an approximate distance of 263 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having an approximate radius of 75 feet, an approximate central angle of 159°, a chord bearing of S. 81009'11 " W. and an approximate chord distance of 147.46 feet to a point of reverse curvature; THENCE Northwesterly around a curve to the right, said curve having an approximate radius of 25 feet, an approximate central angle of 69°, a chord bearing of N. 53°50'49" W. and an approximate chord distance of 28 feet to a point of tangency; THENCE N. 880165 1 " W. an approximate distance of 884 feet to a point for the Southwest corner of this tract; THENCE N. 01 048'50" E. an approximate distance of 362 feet to the Point of Beginning; Bearings relative to the North line of Section 21, Block AK, being previously recognized as S. 87°59'54" E. Prepared for Kimley-Horn and Associates, Inc. July 8, 2015 PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. THIS DOCUMENT SHALL NOT BE USED OR RECORDED FOR ANY REAL PROPERTY PURPOSES. W, eeam.nt. togeO r .Ith N..nn.tOt. aM EWme pt—toil h rd& to wf Inst—mt ./ .ervt.a Is MtwdW wt1Y for 1M M.N6c O.ti..e aw dWt for ~ It .w pq.n1 Nwto..f OHC OHC OHC OHC SS —�-SS h. 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