HomeMy WebLinkAboutOrdinance - 2011-O0014 - AMENDMENT ZONE CASE NO. 2159-B - 01/27/2011First Reading
January 27, 2011
Item No. 6.4
ORDINANCE NO. 2011-00014
Second Reading
February 10, 2011
Item No. 5.15
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2159-B; A ZONING CHANGE FROM IDP, C4 AND
A-2 TO A-2 ZONING DISTRICT ON 61.565 ACRES OF UNPLATTED LAND OUT
OF BLOCK A, SECTION 16, 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.2159-B
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 IDP, C-4 and A-2 to A-2 zoning district
on 61.565 acres of unplatted land out of Block A, Section 16, City of Lubbock,
Lubbock County, Texas, located at north of North Loop 289 between Nashville
Avenue and Quaker Avenue.
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 January 27, 2011
Passed by the City Council on second reading on February 10, 2011
ATTEST:
-ale
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Randy henson, Director 4151anning
APP D S TO FORM:
61"'1
Chad Weaver
Assistant City Attorney
vw/cityatt/Cilad/ZoneCase/ZC2 159-B
January 18, 2011
TOM MARTIN, MAYOR
Zone Case No. 2159-B
page - 2 of 2
Ordinance No. 2011-00014
61.565 ACRES
TRACT IN SECTION 18, BLOCK A
LUBBOCK COUNTY, TEXAS
DESCRIPTION
FN NO 018R
JANUARY 11, 2011
JOB NO. 10068
OF A 61.565 ACRE (2,681,761 SQ. FT.) TRACT OR PARCEL OF LAND OUT OF AND PART
OF SECTION 18, BLOCK "A", SITUATED IN LUBBOCK COUNTY, TEXAS, AND BEING
COMPRISED OF 1.553 ACRES BEING ALL OF TRACTS A & B OF THE OMER SHARPE
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, A SUBDIVISION
FOUND RECORDED IN VOLUME 8632, PAGE 76 OF THE OFFICIAL PUBLIC RECORDS OF
LUBBOCK COUNTY, TEXAS, A 41.298 ACRE PORTION OF THAT PROPERTY DESCRIBED
AS 99.654 ACRES IN THE GENERAL WARRANTY DEED FROM TREVA RAE MOORE
A/K/A TREVA REA WEAVER, INDIVIDUALLY AND AS TRUSTEE OF THE MOORE
SPECIAL TRUST TO LUBBOCK QUAKER, LTD, DATED NOVEMBER 19, 2002, FOUND
RECORDED IN VOLUME 7993, PAGE 85 OF THE SAID OFFICIAL PUBLIC RECORDS OF
LUBBOCK COUNTY, TEXAS, AND AN 18.714 ACRE PORTION OF THAT PROPERTY
DESCRIBED AS TRACT H, 48.074 ACRES IN THAT WARRANTY DEED FROM GARY L.
PURSER TO QUAKER LOOP, LTD., A TEXAS LIMITED PARTNERSHIP, DATED JANUARY
3, 2003, FOUND RECORDED IN VOLUME 8072, PAGE 104 OF THE SAID OFFICIAL PUBLIC
RECORDS OF LUBBOCK COUNTY, TEXAS, THE SAID 61.565 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %a inch iron rod with a plastic surveyor's cap (Hugo Reed Associates) in the east right-
of-way line of North Quaker Avenue, a dedicated public roadway (right-of-way varies), same being the
east line of Tract One of that right-of-way deed of record in Volume 1950, Page 47 of the Deed Records
of Lubbock County, Texas, same being a point in the west line of the above referenced 99.654 Acre tract,
said point of beginning also having been found for the southwest corner of the above referenced Tract
"B", Omer Sharpe Addition to the City of Lubbock, Lubbock County, Texas, the said point of beginning
also bears S01°41'25"W, a distance of 3470.21' and S88°13'22"E, a distance of 64.95 feet from the
northwest corner of the said Section 18, Block "A";
THENCE, N01°41'35"E, going along the above referenced east right-of-way line of North Quaker
Avenue, same being the west line of the above referenced Tracts A & B of the Omer Sharpe Addition,
same being the west line of the above referenced 99.654 acre tract, passing at a distance of 149.98 feet a
inch iron rod with a plastic surveyor's cap (Hugo Reed Associates) found for the northwest corner of
the said Tract B of the Omer Sharpe Addition, same being the southwest corner of Tract A of the said
Omer Sharpe Addition, continuing for a total distance of 300.00 feet to a %s inch iron rod with a surveyors
cap (Hugo Reed Associates), found for the northwest corner of the said Tract "A", Omer Sharpe
Addition to the City of Lubbock, said point being an angle point in the west line of the tract described
herein;
THE, continuing along the above referenced east right-of-way line of North Quaker Avenue, same
being the west line of the above referenced 99.654 acre tract, the following two (2) courses and distances:
1) N01*3814111E, a distance of 184.24 feet to a %: inch iron rod set with a surveyors cap (AMD
Engineering) for an angle point of the tract described herein; from which, an "X" cut in a concrete
median found for the City of Lubbock Survey Control point Number 1290 bears N23° 17' 16"W, a
distance of 127.25 feet; City of Lubbock Point No. 1290 has published "surface" NAD-83/Harn
96 Texas Coordinate System coordinates of No. 7,288,512.747, Ea. 932,258.939 with an
NAVD88 Elevation of 3229.10 feet, with an area combined scale factor (CSF) of 1.000241042,
all data given in U.S. Survey Feet accepted by the National Geodetic Survey division of NOAA
and legislated by the State of Texas; and,
FN-018R
61.565 ACRES
PAGE TWO
2) NO2°33140"E, a distance of 340.87 feet to a % inch iron rod, found for the "called" point of
intersection with the "mid -section" line of the above referenced Section 18, Block "A", said point
also being the northwest comer of that certain thirty-five (35') wide Southwestern Public Service
Company Easement and Right -Of -Way found recorded in Volume 427, Page 199 of the Deed
Records of Lubbock County, Texas; said point also being the western most, northwest corner of
the tract described herein;
THENCE, S87°4310211E, leaving the east right-of-way line of said North Quaker Avenue, going over,
across and through the above referenced 99.654 acre tract, along the line described as the "mid -section
line" or''/: section line, same being the north line of the said thirty-five foot right-of-way, and Easement
line, a distance of 430.02 feet to a calculated point to be set with '/3 inch iron rod with surveyors cap
(AMD Engineering) for an interior ell corner of the tract described herein;
THENCE, N0104112511E, continuing across the above referenced 99.654 acre tract, along a line 430 feet
east of and parallel to the cast right-of-way line of the said North Quaker Avenue, a distance of 482.90
feet to a calculated point to be set with % inch iron rod with surveyors cap (AMD Engineering), for the
point of intersection with a line 250 feet south of, and parallel to the existing south right-of-way line of
Princeton Street, a dedicated public roadway (right-of-way varies), this portion of said Princeton Street
having been dedicated by the subdivision plat for Final Plat of Tracts A and B, Lubbock Medical Center
Addition to the City of Lubbock, Lubbock County, Texas, as found recorded as County Clerk's
Document Number 2007001048 of the said Official Public Records of Lubbock County, Texas, the said
point also being the most northerly, northwest corner of the tract described herein;
THENCE, S88-11141"E, continuing across the above referenced 99.654 acre tract, along a line 250 feet
south of and parallel to the south right-of-way line of the said Princeton Street, passing at a distance of
778A5 feet a calculated point of intersection with the east line of the above referenced 99.654 acre tract,
same being the west line of the above referenced 48.074 acre tract described as Tract H in the said deed
found recorded in Volume 8072, Page 104 of the said Official Public Records of Lubbock County, Texas,
continuing along the line currently described for a total distance of 1373.81 feet to a calculated point to be
set with %, inch iron rod with surveyors cap (AMD Engineering), said point to be the northeast corner of
the tract described herein;
THENCE, SOl°50140"W, continuing across the above referenced Tract II, 44.074 acre tract, passing at a
distance of 494.34 feet, a calculated point of intersection with the above referenced "mid -section line" or
%z section line of Section 18, same being the northeast comer of the above referenced thirty-five (35') foot
wide Southwestern Public Service Company Easement and Right -Of -Way found recorded in Volume
427, Page 199, same being the northwest corner of that thirty-five (35') foot wide Southwestern Public
Service Company Easement and Right -Of -Way found recorded in Volume 420, Page 182, of the above
referenced Deed Records of Lubbock County, continuing across the said Tract U, 44.074 acre tract for a
total distance of 1145A6 feet to a calculated point of intersection with the north right-of-way line of North
Loop 289, a dedicated public roadway (right-of-way varies, 300 feet wide at this point according to the
right-of-way deed found recorded in Volume 695, Page 127 of the aforementioned Deed Records of
Lubbock County, Texas), said point being in the southerly line of the above referenced Tract H, 48.074
acre tract, and said point to be set with %s inch iron rod with surveyors cap (AMD Engineering) for the
southeast corner of the tract described herein;
F 4-018R
61.565 ACRES
PAGE THREE
THENCE, S54°53105"W, going along the north right-of-way line of the said North Loop 289, same
being the south line of the said Tract II, 48.074 acre tract, same being the south line of the tract described
herein, passing at a distance of 745.08 feet, a % inch inside diameter Iron Pipe found for the common
southerly comer between the above referenced Tract 11, 44.074 acre tract and the 99.654 acre tract,
continuing along the north right-of-way line of said North Loop 289, same being the south line of the said
99.654 acre tract for a total distance of 1617.04 feet to a calculated point in the north right-of-way line of
the above referenced North Loop 289, said point being a calculated point of intersection with the 3226
foot elevation contour line, said line location being based on topographic cross -sections across the
southwesterly portion of the said 99.654 acre tract, the vertical basis of which is described above with the
reference tie to the City of Lubbock Control Point Number # 1290, the said point calculated of intersection
with the 3226 foot contour will be set with''h inch iron rod with surveyors cap (AMD Engineering), said
point also being the southwest corner of and for the tract described herein;
THENCE, leaving the above referenced north right-of-way line of the said North Loop 289, going over,
across and through the said 99.654 acre tract, along the meanders of or near the said 3226 foot elevation
contour (the location determination of which was described above), the following ten (10) courses and
distances:
1) N41°26'15"W, a distance of 37.79 feet to a calculated point to be set with %2 inch iron rod with
surveyors cap (AMD Engineering) for an angle point of the tract described herein;
2) N05°39146"W, a distance of 64.77 feet to a calculated point to be set with (/2 inch iron rod with
surveyors cap (AMD Engineering) for an angle point of the tract described herein;
3) N22*01119"W, a distance of 69.23 feet to a calculated point to be set with '/2 inch iron rod with
surveyors cap (AMD Engineering) for an angle point of the tract described herein;
4) N29°38120"W, a distance of 96.34 feet to a calculated point to be set with '/2 inch iron rod with
surveyors cap (AMD Engineering) for an angle point of the tract described herein;
5) N42°40156"W, a distance of 104.73 feet to a calculated point to be set with %2 inch iron rod with
surveyors cap (AMD Engineering) for an angle point of the tract described herein;
6) N01*42144"W, a distance of 133.11 feet to a calculated point to be set with '/2 inch iron rod with
surveyors cap (AMD Engineering) for an angle point of the tract described herein;
7) N07°31111"E, a distance of 87.68 feet to a calculated point to be set with 'h inch iron rod with
surveyors cap (AMD Engineering) for an angle point of the tract described herein;
8) N14°46120"E, a distance of 128.00 feet to a calculated point to be set with %2 inch iron rod with
surveyors cap (AMD Engineering) for an angle point of the tract described herein;
9) N07°40155"E, a distance of 104.98 feet to a calculated point to be set with %2 inch iron rod with
surveyors cap (AMD Engineering) for an angle point of the tract described herein; and,
10) N25°05100"W, a distance of 26.90 feet to a calculated point to be set with '/2 inch iron rod with
surveyors cap (AMD Engineering) for an angle point of the tract described herein;
FN-01SR
61.565 ACRES
PAGE FOUR
THENCE, N7601515111W, leaving the said approximate 3226 foot elevation contour line as it meanders,
continuing over, across and through the above referenced 99.654 acre tract a distance of 131.99 feet to a
'/2 inch iron rod found slightly bent or disturbed, for the southeast corner of the above referenced and
mentioned Tract "B", of the Omer Sharpe Addition to the City of Lubbock, Lubbock County, 'Texas, as
found recorded in Volume 8632, Page 76 of the Official Public Records of Lubbock County, Texas, the
said point being an angle point in the southwesterly line of the tract described herein; and,
THENCE, N8801312211W, continuing over and across the above referenced 99.654 acre tract, same being
the south line of the above referenced Tract B of the Omer Sharpe Addition, a distance of 225.50 feet to
the POINT OF BEGINNING, containing 61.565 Acres (2,681,761 Sq. Ft.) of land area, more or less,
within these metes and bounds. The basis of bearing being post -processed Static GPS observations; i.e.
Geodetic, or True -North. A plat of even survey date has been prepared in connection with these
fieldnotes, it is identified as AMD Engineering drawing No. 10068-S I 8BA-00-ALTA REVISION 1I-
0111.DWG.
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,
OF JANUARY, 2011
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AMD ENGINEERING, LLC
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2807 74`h Street; Suite 8
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Lubbock, TX 79423
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