HomeMy WebLinkAboutOrdinance - 2012-O0005 - AMD Engineering For Zoning Change From A-2 To C-2A - 01/12/2012First Reading
January 12, 2012
Item No. 6.4
ORDINANCE NO. 2012-00005
Second Reading
January 26, 2012
Item No. 5.28
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995-N; A ZONING CHANGE FROM A-2 TO C-2A
ZONING DISTRICT FOR OFFICE/RETAIL COMPLEX ON 4.103 ACRES OF
UNPLATTED LAND OUT OF BLOCK AK, SECTION 29, 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,
11990), 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
he body of this Ordinances and this Ordinance having been introduced prior to first
eading hereof; NOW THEREFORE:
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2995-N
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
nded 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 A-2 to C-2A zoning district for
office/retail complex on 4.103 acres of unplatted land out of Block AK,
Section 29, City of Lubbock, Lubbock County, Texas located at northeast corner
of 71sr Street and Kewanee 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 following be excluded within the C-2A permitted
use.
a) Convalescent or nursing homes;
b) Day nurseries;
c) Fire Stations;
d) Funeral home or mortuary;
e) Grocery store — not over 3,000 square feet
f) Lodges, fraternities and sororities;
g) Private schools; and
h) Antenna, tower or alternative tower structure.
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
is Ordinance be declared unconstitutional or invalid for any reason, the remainder of
is Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause publication
the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
sed by the City Council on first reading on January 12, 2012
sed by the City Council on second reading on January 26, 2012
TOM MARTIN, MAYOR
Zone Case No. 2995-N
page - 2 of 3
TTEST:
Garza, City Secretary
A,Pl TO CONTENT:
S
Randy Hensov, Director of Planning
APPROVED
(Chad Weaver
AS TO FORM:
sistant City Attorney
I, 2011
Zone Case No. 2995-N
page - 3 of 3
Exhibit "A"
Ordinance No. 2012-00005
4.103 ACRES
PORTION OF BACON CREST NORTH
OUT OF SECTION 29, BLOCK AK
DESCRIPTION
FN NO 51
OCTOBER 25, 201 I
JOB NO. 1107 1. 10
OF A 4.103 ACRE (178,726 SQ. FT.) TRACT OR PARCEL OF LAND OUT OF AND PART OF
THE WEST ONE-HALF OF SECTION 29, BLOCK AK, OF LUBBOCK COUNTY, TEXAS, AND
BEING A PORTION OF THE REMAINING PORTION OF THAT PROPERTY DESCRIBED AS
TRACT 1 AND TRACT 2 IN THAT DEED TO BACON CREST, LTD. FOUND RECORDED IN
VOLUME 10347, PAGE 343 OF THE OFFICIAL REAL PROPERTY RECORDS OF LUBBOCK
COUNTY, TEXAS, THE SAID 4.103 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a'/ inch iron rod with a yellow plastic surveyors cap (Hugo Reed Associates), found for
the most Southerly corner of that tract described as Tract A2, 3.052 acres in that deed to Horizon West
Real Estate, LLC, found recorded as County Clerk's Document No. 2007001086 of the said Official Real
Property Records, same being a point in the Northeasterly line of that tract described as Tract Al, 3.183
acres in the said deed found recorded as Document No. 2007001086, said point being an exterior ell
confer and the most Westerly corner of the tract described herein; from said point of beginning, the
Southwest corner of said Section 29, Block AK, bears N89°56'58W, a distance of 384.92 feet, and
S00°03'02"W, a distance of 4173.89 feet;
THENCE, N45°04'09"E, going over, across and through the said Tract 2, Bacon Crest, Ltd., tract, and
across the said Section 29, Block "AK", going along the Southeasterly line of the said 3.052 acre tract, a
distance of 281.86 feet to a''/2 inch iron rod with a yellow plastic surveyors cap (Hugo Reed Associates),
found for the most Easterly, Northeast corner of that tract described as Tract A2, 3.052 acres and an angle
point in the Northwesterly line of the tract described herein;
THENCE, N45003'02"E, leaving the said 3.052 acre tract, continuing over, across and through the said
Tract 2, Bacon Crest, Ltd., tract, and across the said Section 29, Block "AK", a distance of 129.69 feet to
a '/2 inch iron rod with a yellow plastic surveyors cap (Hugo Reed Associates), found for the most
Westerly confer of a proposed 8.500 acre tract, and being the most Northerly corner of the tract described
herein;
THENCE, S44°56'58"E, continuing over, across and through the said Tract 2, Bacon Crest, Ltd., tract,
and across the said Section 29, Block "AK", going along the Southwesterly line of the said proposed
8.500 acre tract and the Northeasterly tract of the tract described herein, a distance of 438.87 feet to a'/z
inch iron rod with a yellow plastic surveyors cap (Hugo Reed Associates), found for the point of
intersection with the Northwesterly right-of-way line of a proposed portion of 71" Street, same being the
most Southerly corner of the said proposed 8.500 acre tract and being the most Easterly corner of the tract
described herein;
THENCE, S45°03'02"W, leaving the Southwesterly line of the said 8.500 acre tract, continuing over,
across and through the said Tract 2 and Tract 1, Bacon Crest, Ltd., tract, and across the said Section 29,
Block "AK", going along the said proposed Northwesterly right-of-way line of a portion of 71't Street,
same being the Southeasterly line of the tract described herein, a distance of 390.64 feet to a''/2 inch iron
rod with a plastic surveyor's cap (AMD Engineering) found for an angle point hereof,
THENCE, N89°56'58"W, continuing along the Southeasterly line of the tract described herein,
continuing over, across and through the said Tract 1, Bacon Crest, Ltd. tract, and across the said Section
29, Block "AK", continuing along the said proposed Northwesterly right-of-way line of a portion of 71"
Street, a distance of 21.21 feet to a '/2 inch iron rod with a plastic surveyor's cap (AMD Engineering)
found for the point of intersection with the Northeasterly right-of-way line of the proposed Northwest
extension of Kewanee Avenue, same being an angle point hereof, from which point, a 1/2inch iron rod
with a plastic surveyors cap (RPLS 4460) found for the most Northerly conger of the existing tenninus of
FN-51
4.103 ACRES
PAGE TWO
the right-of-way line of said Kewanee Avenue, a dedicated public roadway (60' R.O.W.), having been
dedicated as shown on the subdivision plat for .the "Final Plat of Tracts A and B, Bacon Crest", an
addition to the City of Lubbock, Lubbock County, Texas", found recorded as County Clerk's Document
Number 2008044550 of the said Official Real Property Records of Lubbock County, Texas, bears
S44°56'58"E, a distance of 306.01 feet;
THENCE, N44°56'58"W, continuing over, across and through the said Tract 1 and Tract 2, Bacon Crest,
Ltd., tract, and across the said Section 29, Block "AK', going along the said proposed Northeasterly line
of the Northwesterly extension of said Kewanee Avenue, being the Southwest line of the tract described
herein, a distance of 289.02 feet to a '/2 inch iron rod with a plastic surveyors cap (AMD Engineering)
found for the intersection of the said proposed right-of-way line of Kewanee Avenue with the proposed
Northwesterly right-of-way line of a Northeasterly extension of 70"' Street, said point being an interior ell
corner of the tract described herein;
THENCE, S45°02'07"W, continuing over, across and through the said Tract 2, Bacon Crest, Ltd., tract,
and across the said Section 29, Block "AK', along the said proposed Northwesterly right-of-way line of
the said proposed Northeasterly extension of 701h Street, a distance of 5.94 feet to a'h inch iron rod with a
yellow plastic surveyors cap (Hugo Reed Associates), found for the most Easterly corner of the above
referenced Tract Al, 3.183 acre tract, same being an exterior ell corner of tract described herein;
THENCE, N44°56'00"W, leaving the said proposed Northeasterly extension of 70`h Street, continuing
over, across and through the said Tract 1 and Tract 2, Bacon Crest, Ltd., tract, and across the said Section
29, Block "AK", going along the said Northeasterly line of the said Tract Al, 3.183 acre tract, being the
Southwest line of the tract described herein, a distance of 134.95 feet to the POINT OF BEGINNING,
containing 4.103 Acres (178,726 Sq. Ft.) of land area, more or less, within these metes and bounds. The
basis of bearing being the east line of tract B of the above referenced "Final Plat, Tract A and B, Bacon
Crest", an addition to the City of Lubbock, Lubbock County, Texas, found recorded as Document No.
2008044550 of the Official Real Property Records of Lubbock County, Texas, same being the west line
of the Iola Avenue right-of-way tract found recorded as Document no. 2007047880 of said records, as
found monumented on the ground. A drawing has not been prepared in connection with these fieldnotes.
STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF LUBBOCK §
THAT I, LYNN R. SAVORY, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY
CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT LUBBOCK, LUBBOCK COUNTY, TEXAS THIS 25th DAY
OF OCTOBER 2011
SAVORY! R.P.L.S. X�
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TE OF TEXAS ISO: 4598/'
AMD ENGINEERING, LLC
2807 74"' Street; Suite 8
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Lubbock TX 79423
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