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HomeMy WebLinkAboutOrdinance - 2011-O0032 - Zone Case 3005-A - 03/22/2011First Reading March 22, 2011 Item No. 6.5 ORDINANCE NO. 2011-00032 Second Reading April 14, 2011 Item No. 5.16 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE FICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING [ANGES: ZONE CASE NO. 3005-A; A ZONING CHANGE FROM R-1 AND A-2 � A-1 ZONING DISTRICT ON 26.2 ACRES OF UNPLATTED LAND OUT OF ,OCK O, SECTION 5, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT 1 CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR CATION. 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, all conditions precedent required by law for a valid amendment to to Zoning Ordinance and Map have been fully compiled with, including giving notices i compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock, exas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 990), and notice was duly published in the Lubbock Avalanche -Journal more than fteen (15) days prior to the date of the public hearing before the City Council on such roposed amendment, and the public hearing according to said notice, was held in the 'ity Council Chamber of the Municipal Building, Lubbock, Texas, at which time persons ppeared in support of the proposal; and after said hearing, it was by the City Council etermined that it would be in the public interest, due to changed conditions, that the oning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in ►e body of this Ordinances and this Ordinance having been introduced prior to first ;adine hereof. NOW THEREFORE: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. :d as follows: ZONE CASE NO.3005-A THAT Ordinance No. 7084 and the Official Zoning Map are A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from R-1 and A-2 to A-1 zoning district on 26.2 acres of unplatted land out of Block O, Section 5, City of Lubbock, Lubbock County, Texas located at southeast corner of 41h Street and Guava 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 should an apartment complex not be constructed on the parcel before August 31, 2012, the zoning will revert to R-1, Single Family. 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 -iollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City 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 TOM MARTIN. MAYOR Ca Garza, City Secretary U CLVED,AS TO CONTENT: Henson irector of Planning O�EDpAS,TO FORM: Weaver ant City Attorney iuchaa¢a.ey= .10os-A 2011 Zone Case Na. 3005-A Ordinance No. 2011-00032 HUGO REED AND ASSOCIATES, INC. 1801AV NUE N I LUBSOCK1ExA5MOI ISW761 12/FAX BO&7613891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEI'ING FIRM 100978 METES AND BOUNDS DESCRIPTION for an approximate 26.2 acre tract of land located in Section 5, Block O, Lubbock County, Texas, being further described as follows: - BEGINNING at a point In the West line of Section 5, Block O, Lubbock County, Texas, w1be South an approximate distance of 71.2 feet from the Northwest corner of said Section 5, Block O,'se19L4�NM a Westernmost Northwest comer of this tract; THENCE N. 50"33'30" E, an approximate distance of 17.9 feet to the Northern No west comer of this tract; THENCE N. 89°30'50' E., an approximate distance of 1306.8 feet to the ftrrthhZt co7br of this tract; THENCE S. 00129'10" E., an approximate distance of 880.0 feet t he3hiftePcomer of this tract; THENCE S. 89°30'50 W., an approximate distance of 1298.�f�t the East right-of-way line of Guava Avenue, for the Southwest comer of this tract; THENCE North, along the East right-of-way line of saidGugva%&A, an approximate distance of 485.2 feet to a point of intersection; , ,�('` THENCE Northeasterly, continuing along the East right -of-' * line of said Guava Avenue, along a curve to the right, said curve having a radius of 15.0 feet, a central angle of 78°22'21", approximate tangent lengths of 12.2 feet, an approximate chord distance of, feet and a chord bearing of N. 39°7 6'36" E. to a point of intersection; THENCE Northwesterly, contin g East right-of-way line of said Guava Avenue, along a curve to the left, said curve having a radius 60.0 t, entral angle of 168°27'47", approximate tangent lengths of 593.9 feet, an approximate chorddlet of 1 .4 feel and a chord bearing of N. 05°46'07" W. Ida point of tangency; THENCE West, continuing along the East right-of-way line of said Guava Avenue, an approximate distance of 30.0 feet to a point a West line of said Section 5, Block O; THENCE North, Ion , e West line of said Section 5, Block O, an approximate distance of 249.9 feet to the Point of Beginning. PREPAY OR CONTRACT PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY l" Ordinance No. 2011-00032 APPROXIMATE Z 0 28.6 ACRE TRACT Not to Scale NcRmwFST CORNER cF SECTlw A,, & oar O 0 3C O d' H X 0 z N89030'50"E 1320.1' 28.6 ACRES GROSS 26.2 ACRES NET law S89030'50"W 1328.0' THIS SKETCH IS PREPARED FOR CONTRACT PURPOSES ONLY AND DOES NOT REPRESENT AN ACTUAL SURVEY. O O d' 0) W 0 8 v7 14=t HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS LUBBOCK1601 111 AVENUE VE UE0i CIVIL ENGINEERS Tows ucENSW SURVEYING FIRM 100SAM PHONE: 806 / 763-M2 TOM REOISTEM ENGINEERING FIRM F-M FAX 806 / 763-3891