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HomeMy WebLinkAboutOrdinance - 2011-O0030 - Zone Case 3150 - 03/22/2011First Reading Second Reading March 22, 2011 April 14, 2011 Item No. 6.3 Item No. 5.14 ORDINANCE NO. 2011-00030 AN ORDINANCE AMENDING ZONING ORDINANCE NO, 7084 AND THE )FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING ;HANGES: ZONE CASE NO.3150; A ZONING CHANGE FROM R-1 AND C-4 TO tM ZONING DISTRICT ON 9.38 ACRES OF UNPLATTED LAND OUT OF ILOCK O, SECTION 4, LUBBOCK, TEXAS; PROVIDING A PENALTY; 'ROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly sented to the Planning and Zoning Commission for its recommendation which was eived by the City Council and, after due consideration, the City Council found that due changed conditions, it would be expedient and in the interest of the public health, ety and general welfare to make those proposed changes in zoning; and WHEREAS, the 1986 Comprehensive Land Use Plan as amended is a guide to p the Lubbock Planning and Zoning Commission and City Council determine the ysical development of the community; however, planning is a continuous process and urge is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council ognize that the zone change is a minor deviation from the 1986 Comprehensive Land e Plan as amended, which protects public and private commitments that have been viously based on the Plan: and WHEREAS, all conditions precedent required by law for a valid amendment to Zoning Ordinance and Map have been fully complied with, including giving notices compliance with Section 40.01.005 of the Code of Ordinances. City of Lubbock, Kas, and the notices provided by the 'Texas Local Government Code §211.007 9rnon, 1990), and notice was duly published in the Lubbock Avalanche-.loumal more n fifteen (15) days prior to the date of the public hearing before the City Council on oh proposed amendment, and the public hearing according to said notice, was held in City Council Chamber of the Municipal Building, Lubbock, Texas, at which time sons appeared in support of the proposal; and after said hearing, it was by the City uncil determined that it would be in the public interest, due to changed conditions, that Zoning Ordinance and the "Zoning Map be amended in the manner hereinafter set th in the body of this Ordinance and this Ordinance having been introduced prior to it reading hereof; NOW THEREFORE: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK ZONE CASE NO.3150 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are �d 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 R-I and C-4 to AM zoning district on 9.38 acres of unplatted land out of Block O, Section 4, City of Lubbock, Lubbock County, Texas, located at southeast corner of East 5" Street and Martin Luther King, Jr. Boulevard. METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. THAT violation of any provision of this Ordinance shall be deemed misdemeanor punishable by line not to exceed ]'we Thousand and No/100 Dollars 12,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of Ordinance be declared unconstitutional or invalid for any reason, the remainder of Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publication descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. by the City Council on first reading on March 22, 2011 by the City Council on second reading on April 14, 2011 Garza, City Secretary TOM MARTIN, MAYOR AS TO CONTENT: Zone Case No. -1M page - 2 of 2 AS TO FORM: Weaver Cant City Attorney 3, 2011 Zone Case No. 3150 page - 3 of Ordinance No. 2011-00030 HUGO REED AND ASSOCIATES, INC. 1301 AVENUE N/ LUBBOCK, TEXAS71M01/306763 2/FAX SO&7633891 TE1V1S REGISTERED ENGINEERING FIRM F-780 LAND SURVEYORS TEXAS LICENSED SURVEYING FIRM 10067600 CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of a 9.38 acre tract located in Section 4, Block "O', Lubbock County, Texas, further described as follows; BEGINNING at a point in the East right-of-way line of Redbud Avenue dedicated by plat recorded in Volume 914, Page 517, Deed Records of Lubbock County, Texas, in the South line of Lot 1, Tract D, Mackenzie Terrace Addition, to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 797, Page 93, Deed Records of Lubbock County, Texas and the most Northerly Northwest corner of this tract which bears S. 00'03'45" E. a distance of 335.00 feet and S. 89'15, W. a distance of 496.00 feet from the Northwest comer of Section 4, Block O, Lubbock County, Texas; THENCE N. 89'15' E., along the Southern boundary of said Lot 1, Tract D, a distance of 371.00 feet to a point in the West line of a 20 foot alley dedicated by plat recorded in Volume 734, Page 133, Deed Records of Lubbock County, Texas, at the Northeast comer of this tract; THENCE S. 00'43'57' E., along the West line of said 20 foot alley, a distance of 324.96 feet to a point in the North line of a tract of land described In Volume 114, Page 30, Deed Records of Lubbock County, Texas, at the most Easterly Southeast comer of this tract; THENCE S. 89017'12" W., along the North line of said tract in described In Volume 114, Page 30, a distance of 213.03 feet to a corner of this tract; THENCE S. OO*OVO7" E, along the West line of said tract in described in Volume 114, Page 30, a distance of 336.85 feet t0 a point In the North line of a 10 foot alley described in Volume 1166, Page 51 and Volume 1620, Page 897, Deed Records of Lubbock County, Texas, for the most Southerly Southeast comer of this tract; THENCE 8. 89'45'04' W., along the North line of said alley, at 461.80 feet pass the Northwest comer of said alley, continuing for a total distance of 600.00 feet to a point in the East right-of-way line of Martin Luther King Jr. Boulevard described in Volume 940, Page 97 and Volume 955, Page 536, Deed Records of Lubbock County, Texas, for the Southwest corner of this tract; THENCE N. 00'07'18' W., along said East right-of-way, a distance of 530.25 feet to a point in the South right-of- way line of East 5th Street dedicated by plat recorded in Volume 914, Page 517, Deed Records of Lubbock County, Texas, at the most Westerly Northwest comer of this tract; THENCE N. 89'15' E., along said South right-of-way line, a distance of 440.30 feet to point in the East right-of- way line of said Redbud Avenue, at a comer of this tract; THENCE N. GO.45' W., along said East right-of-way line, a distance of 126.19 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY AND SHALL NOT BE RECORDED IN THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY FOR ANY PURPOSE. Ordinance No. 2011-00030 TRACT K, MACKENZIE TERRACE ADDITION aTO THE CITY OF LUBBOCK, LUBBOCK�OUNT,-TEXAS Not to Scale 1 Mrs � I I I J �--J--J--� EasTsr�Snae�r I J 7 E=-F. 4MIaMIa