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HomeMy WebLinkAboutOrdinance - 2021-O0125 - Zone Case 3442First Reading August 24, 2021 Item No. 8.20 2021-00125 ORDINANCE NO. Second Reading September 14, 2021 Item No. 8.22 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3442; A ZONING CHANGE FROM T AND IHC TO IHC WITH A PD ZONING DISTRICT GENERALLY LOCATED NORTH OF 82ND STREET AND EAST OF MARSHA SHARP FREEWAY, ON 47.6 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 31, 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: VAII& OFMUnIZ[mn,N 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 and IHC to IHC with a PD zoning district generally located north of 82nd Street and east of Marsha Sharp Freeway, on 47.6 acres of unplatted land out of Block AK, Section 31, City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. 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 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 24, 2021 Passed by the City Council on second reading on September 14, 2021 ATTEST: aj awso' )117 Rib ca Garza, City Sec etar APPROVED AS TO CONTENT: of Planning AS TO FORM: lli Leisure, Assistant City Attorney vw/cityatt/Kell i/ZoneCase/ZC3442 July 29, 2021 L-X DANIEL M. POPE, MAYOR Zone Case No. 3442 Page - 2 Tracts A. B, and C, West Ridge Commerical Park, and Addition the City of Lubbock, Lubbock County, Texas, according to the map, plat tuidlor d6dication deed thereof recorded in Volume 4845, Page 45. Real Property Records of Lubbock County, Texas, and a 65.769 acre tract of land located in Section 31. Block AK, Lubbock County, Texas. said 65.769 acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap found in the West right-of-way line of Wausau Avenue at the Sottilteact corner of said Tract B. and the Northeast corner of this tract which bears S. 89"5947" E. a distance of 2603.75 feet arid N. 00°01'01" E. a distance of 1701.83 feet from the Southwest corner of Section 31. Block AK. Lubbock County, Texas; THENCE S. 00001OI" W., along the West right-of-way line of said Wausau Avenue, a distance of 1371.83 feel to a 112" iron rod with cap set for a comer of this tract; THENCE: N. 89"59`47" W. a distance of 550.06 feet to a 1/2" iron rod with cap set for a corner of this tract; TI ICNCN S. 00°6t)'13" W. a distance of 275.00 feet to a 1/2" iron rod with cap set in the North right-of-way fine of 82nd Street for the Southeast corner of this tract; THENCE N. 89°59'47" W., along the North right-of-way line of said 82nd Street, a distance of 1240.87 feetto a 1/2" iron rod with cap set for the Southwest corner of this tract; THENCE N. 00000'13" E. a distance of 275.00 feet to a 1/2" iron rod with cap set for a corner of this tract; Tl IENCE N. 89"59'47" W. a distance of 550.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THEiNCL S. 00"02'26" W. distance of 16.09 feet to a 1/2" iron rod with cap found at the Northeast comer of Tract A, Anipride Addition, to the City of Lubbock, Lubbock County, Texas recorded in Volume 8817, Page 155 Real Property Records of Lubbock County, Texas, at comer of this tract; 'IJIENCE N. 89°59'55" W., along the North line of said Tract A. Arnride Addition, a distance 222.03 feet to a I/2" iron rod with cap set in the Southeasterly right-of-way line of U.S. Hightway 62-82 for a comer of this tract; THENCE Nortlicasterly. along the Southeasterly right-of-way line of said U.S. Hightway 62-82, around a cin-A c to the right, said cur a having a rnditi,5 of 80.00 feet, a central angle of 13°55'48" and a chord distance of 19.40 Icct to a 518" iron rod found at a point of cur ature; J IIENCE Nortlicasteriv, continuing along the Southeasterly right-of-way line of said U S. Hightway 62-82. around a curve to the right, said can c having a radius of 5741.58 feet, a central angle of 01 °52'03" and a chord distance of 1,97.13 feet to a 5/8" iron rod found at a point of intersection; TFIL•NCE N. 42000'50" E., continuing along the Southcastcily right-of-way line of U.S. Hightway 62-82, a distance of 440.73 feet to a 5/8" iron rod found at a corner of this tract; THENCE N. 53056'l7" E., continuing along the Southeasterly right-of-way line of U.S. Hightway 62-82. a diwince of 1975.05 feet to a 1/2" iron rod with cap found at the most Southwesterly corner of said Tract C, Wcst Ridge Commercial Park, at a corner of this tract; l'l IE:NCEs S. 36"04'00" E.. along the South line of said Tract C, a distance of 315.07 feet to a 1/2" iron rod with cap found at the Southeast confer of said Tract C and the Southwest corner of said Tract B, West Ridge Coinnicrcial Park. at a comer of this tract, THENCE S. 89°58'59" E.. along the South line of said Tract B, a distance of 347.18 feet to the Point of beginning SAVE AND EXCEPT THE FOLLOWING TRACT OF LAND BEING a 25.0254 acre (1,090,106 square foot) tract of land situated in the Georgetown R.R. Co. Survey, Abstract No. 243, Block AK, Section 31, City of Lubbock, Lubbock County, Texas said tract being all of Tract A, B & C, West Ridge Commercial Park, an addition to the City of Lubbock according to the plat filed in Volume 4845, Page 45, of the Deed Records of Lubbock County, Texas; said tract also being part of that tract of land described in Special Warranty Deed to Covenant Health System recorded in Instrument No. 2006023923, of the Official Public Records of Lubbock County, Texas; said tract being more particularly described as follows: BEGINNING at a 1/2-inch iron rod found for comer at the east end of a right-of-way corner clip at the intersection of the southeast right-of-way line of US Highway No. 82 (a variable width right-of-way) and the west right-of-way line of Wausau Avenue (an 80-foot wide right-of-way); THENCE South 1°49'04" West, along the said west line of Wausau Avenue, a distance of 1,409.01 feet to a point for corner; from said point a 1/2-inch iron rod with "HUGO REED" cap found for the most easterly southeast corner of said Covenant Health System tract bears South 1°49'04" West, a distance of 576.14 feet; THENCE North 88°10'53" West, departing the said west line of Wausau Avenue, a distance of 797.27 feet to a point for corner; THENCE North 34°15'37" West, a distance of 693.09 feet to a point for corner in the said southeast line of US Highway No. 82; from said point a 1/2-inch iron rod found in the said southeast line of US Highway No. 82 bears South 55°44'20" West, a distance of 1,142.74 feet; THENCE North 55°44'20" East, along the said southeast line of US Highway No, 82, at a distance of 832.31 feet passing a 1/2-inch iron rod found for the west corner of said Tract C and continuing in all a total distance of 1,461.99 feet to a point for comer at the beginning of a tangent curve to the right; said point being the west end of said right-of-way corner clip; from said point a 3/4-inch iron rod found bears South 40°5I' 17" East, a distance of 1.05 feet; THENCE in a southeasterly direction, with the south line of said right-of-way corner clip and said curve to the right, having a central angle of 126°04'43", a radius of 15.00 feet, an arc length of 33.01 feet and a long chord bearing and distance of South 61 ° 13' 18" East, 26.74 feet to the POINT OF BEGINNING and containing 25.0254 acres or 1,090,106 square feet of land, more or less.