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HomeMy WebLinkAboutOrdinance - 2015-O0009 - ZC 2895-K - 02/12/2015Reading uy 22, 2015 No. 6.2 ORDINANCE NO. 2015-00009 Second Reading February 12, 2015 Item No. 5.15 AN ORDINANCE AMENDING ZONING ORDINANCE NUMBER 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2895-K; AMENDING THE CONDITIONS SET FORTH IN ORDINANCE NO. 2013-00004, ON TRACTS A, B AND C, TRAILS GARDEN OFFICE ADDITION AND 7.177 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 28 LUBBOCK, TEXAS; AND ENACTING A ZONE CHANGE FROM GO TO AM SPECIFIC USE ON .979 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 28, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; 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: ZONE CASE NO. 2895-K 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 GO to AM Specific Use on .979 acres of unplatted land out of Block AK, Section 28, Lubbock, Lubbock County, Texas, located at 8707, 8709, 8711, 8715 and 8721 Milwaukee Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITION: 1. THAT the zone change be tied to the site plan, including waiving the screening fence requirement on the south property line. SECTION 2. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: Amended Ordinance No. 2013-00004 under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock by amending condition 1 to read as follows as it applies to Tract A, B and C, Trails Garden Office Addition and 7.177 acres of unplatted land out of Block AK, Section 28, Lubbock, Texas: 1. Tied to the proposed curb access plan. SECTION 3. 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 by Section 40.01.006 of the Zoning Ordinance of the City of Lubbock, Texas. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance shall not be affected thereby. SECTION 5. 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 22, 2015 Passed by the City Council on second reading on February 12, 2015 I•�IIibF.`316 Re ecc Garza, City Secretary APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Chad Weaver, City Attorney vwxcdocs/Amend ZC2895-K January 7, 2015 PnOPOSED CURB CUT LOCA i IONS FOR TRAILS GARDEN OFFICE GENERAL NOTES AND LEGEND 7: 35 ^ ]G M 8]N SSPRT - - M45 G:POEN %Fiq VICINITY MAP - -r a nerx neeer - - ,1 Sl.,n r a�n soma mea yr MXICIS 55' 9 h' e m o'u NC o i to no u U Y > E g � Po° i9 an a o: o Plat and Field Notes on a 0.979 Acre Twct out of Section 28, Block AK, • Lubbock County, Texas _---JN-7249-858.67 Parent Tract V. 10489. P. 124 E:915054.69 Su kehxink Vault (1.5' x 3') and Underground Warning Sig 0.979 Acres No Structures or Major Improvements on Tract ePEEd { Tralle at Rego] Pon Sign Handicap Ramp An Place but Covered with Olrt POB This Point Bears S 88 05' 52' E. 84.80' and N 01' 54' OWE. 37.50' from the Southwest Comer of the North 2/3 of I -830.00' CH -42.36' \ J\ ID -8749'50' \\` CH BRG-N 43'10'57' W Legend 9 Set I/2' rod w/ Green Cap RPLS 4480 I 1 man ® Utility Vault 8 water Mater Y Underground Warning Poon 0 water Meta, Pylon Section 28, Block AK 70.00' N 88705'52' W 92nd Street (Paved) Back of Curt NO Dwell Found an North Half Of Sunnily Data LPort of Parent Tract V. 10469, P. — — — — MT. M Scale: 1'-30' Surveye4 For. lubbaek National Bank, knolls Mlncay Mx-23d0N PCl6l Lr V Pc3 S 4T52'02' N FIELD NOTES on a 0,979 ase tract out of Section 28, Block AK. Lubbock � County. Texas, being fuller described by metes and bounds as follows: BEGINNING at a eel 1/2' rod with green cap marked RPLS 4460 (hereinaftW referred In as Abacus Cap) at the start of a curve and In the proposed North Right of Way line of 92nd Street from which the Southwest comer of the West Half of the North 213 of Section 28 which Is also the Southwest comer of the 199.832 acre user described In Exhibit A in a Dead of Trust recorded In Volume 6094, Page 150, Lubbock County Real Property Retard bean N 88.05'52' W (Texas North Central Zone Bearing Basis), 84.80 feel and S 01'54'08' W. 37.50 feet. Tr I THENCE Northwesterly, with a curve to the right having a radius of 30.00 feet, a central angle of 89°49'50', a chord distance of 42.36 feel, and a jchard bearing of N 43'10'5T W to a set Abacus Cap for n comer of this o trust: u THENCE N 01'43'58' E. with the East line of Milwaukee Avenue, 139.67 feet to a set Abacus Cep for the Northwest tamer of this hand: o I THENCE S 88'16'02' E. 25000 feed W a set Ab toes Cap for the Northeast Ecomer of this tract: y I THENCE S 01.43'56' W. with the West line of a proposed alley, 165.82 feet $ I to a set Abacus Cap: 0 THENCE S 47.52-02' W. 13.86 feet to a set Abacus Cap for the most S Soulh oly Southeast comer of this matt; i ry THENCE N 85'59'53' W, with me proposed North Ione of 92nd Street. n I o 140.21 feet to a eel Abacus Cap; a STHENCE X.979 acre W, 70.00 feet to the PLACE of BEGINNING, p contalnln90.g79 acres. S I � a Surveyor's Report c Th ia Plot te based an o survey made on the around October 21, 2014. a' MOMUreate shown as too" an this survey were accepted by dhow Purveyor as controlling evidence due to substantial conament with Racord Documents and are not considered as Monuments of Record j I DNhity unless m noted. i _ No Substantial 0oureponeiea hatween Record documents and ooMitar aw found on the ground were uncovered on this survey unless noted. this plot was prepared without the benefit of a Idle Commitment 1 Easements and/or Restrictions other than those shown may appy. L_ Socuraa and y(dinotea are based an the Texas North Central ions _Coordinab SyArgln. NAD 83, 2011, Epach 2010.0000. J.M. CIESZINSKI, RKS / PLAT SHOWN AS SURVEYED ON THE GROUND October 24, 2014 ' ABACUSsuRvErEINRc G �� 2737 81st Street I LUBBOCK, TEXAS 4460 �pa3 8067457870 as Ts TEXAS SURVEYING FBtM NO. 101153-00 TEXAS ENGINEERING FRIM NO. 4388 i(57 spaces req. for max 8500 sf) i 4,260 SF Landscaping Req. 0.979 Acres 15' REQUIRED CAE 430 at eF , I VISION POINTE ; wat EYECARE BUILDING `D) I I 7,500 Sf w Y 7 ' X I D L i 6 I Uf SIO a 40 of , I 13) I I I l0 43' FRONT YARDSETBPIK- 1,155 K vepeldNl ro.w 3,311 N 26' S V. 921,11) 5TREET PRELIMINARY VISION POINTE EYECARE SITE PLAN i i 5C4I f Nis PROJ NO 11436 COfNDRAY DESIGN GROUP, INC. CATE 1.3C p1A NOSE: THIS DOCUMENT 15 RELEASED FOR THE PURPOSE OF REVIEW JNDER THE AUTHORITY OF: BTACEY MINCEY, #17827, ON 2/30/2014, NOT FOR REGULATORY APPROVAL, 'ERMITTING, OR CONSTRUCTION.