HomeMy WebLinkAboutOrdinance - 2019-O0041 - Zone Case 2995-AA - 04/23/2019 First Reading Second Reading
April 9, 2019 April 23, 2019
Item No. 8.2 Item No. 8.16
ORDINANCE NO. gol9-0004l
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2995-AA; A ZONING CHANGE TO
C-3 FROM R-1 SPECIFIC USE FOR REDUCED SETBACKS ZONING
DISTRICT AT 7103 MILWAUKEE AVENUE, SOUTHEAST OF THE
INTERSECTION OF 70TH STREET AND MILWAUKEE AVENUE, ON 9.932
ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 29, AB 244
TRACT A, 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 2040 Future Land Use Plan is a guide to help the Lubbock
Planning and Zoning Commission and the 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 2040 Future Land Use Plan,
which protects the 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,
T exas, 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. 2995-AA
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 to C-3 from R-1 Specific Use for Reduced
Setbacks zoning district at 7103 Milwaukee Avenue, southeast of the
intersection of 70th Street and Milwaukee Avenue, on 9.932 acres of
unplatted land out of Block AK, Section 29, AB 244 Tract A, City of Lubbock,
Lubbock County, Texas, and being further described as follows:
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 April 9, 2019
Passed by the City Council on second reading on April 23, 2019
DANIEL M. POPE, MAYOR
ATTEST:
V,LqZ4'11k
Reb ca Garza, City Sec&
Zoite Case No. 2995-AA
page-2 of 2
APPROVED AS TO CONTENT:
b4 ell'2
AJ Fawver, Director of Planning
APPROVED AS TO FORM:
(.aa -
Kelli Leisure, Assistant City Attorney
vw/c ityatt/Kel]i/ZoneCase/ZC2995-AA
March 7,2019
Zone Case No. 2995-AA
page - 3 qf'2
AMD ENGINEERING, LLC
Rezone to C-3
METES AND BOUNDS DESCRIPTION of a 9.96 acre tract of land located in Section
29, Block AK, Lubbock County,Texas,prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point in the East Right of Way line of Milwaukee Avenue for the most
Westerly Southwest corner of this tract, whence the most Westerly Northwest corner of
Tract"A",Cujo Family, an Addition to the City of Lubbock, Lubbock County,Texas, as
recorded in County Clerk File Number 2014025597, Official Public Records of Lubbock
County,Texas, bears S00°03'35"W, approximately a distance of 90.0 feet;
THENCE N0000335"E, with the East Right of Way line of Milwaukee Avenue,
approximately a distance of 526.3 feet to a point for the most Westerly Northwest corner
of this tract;
THENCE N45002'02"E, approximately a distance of 21.1 feet to a point in the South
Right of Way line of 70th Street for the most Northerly Northwest corner of this tract;
THENCE Northeasterly, with the South Right of Way line of said 70th Street and with
the arc of a curve to the left, an arc distance of approximately 204.8 feet to a point for the
end of said curve to the left and for a corner of this tract; said curve having a radius of
260.7 feet, a central angle of 45°01'30", and a chord that bears N67°32'14"E, a chord
distance of approximately 199.6 feet;
THENCE N45003'02"E, with the South Right of Way line of said 70th Street,
approximately a distance of 310.6 feet to a point for a corner of this tract;
THENCE S89056'58"E, approximately a distance of 21.2 feet to a point in the West
Right of Way line of Kewanee Avenue for the most Easterly Northeast corner of this
tract;
THENCE S44056'58"E, with the West Right of Way line of said Kewanee Avenue,
approximately a distance of 519.9 feet to a point for the most Easterly Southeast corner of
this tract;
THENCE S00°00'45"E, approximately a distance of 21.2 feet to a point in the North
Right of Way line of 72nd Street for the most Southerly Southeast corner of this tract;
THENCE S45003'02"W, with the North Right of Way line of said 72nd Street,
approximately a distance of 585.0 feet to a point for a corner of this tract;
P.12019119014.SOLTON OIL MILWAUKEE4SURVEYINGTIELONOTE DESCRIPTIONS20NE CHANGE C•3.doc
THENCE Southwesterly, with the North Right of Way line of said 72nd Street and with
the arc of a curve to the right, an arc distance of approximately 133.5 feet to a point for
the end of said curve to the right and for a corner of this tract; said curve having a radius
of 170.0 feet, a central angle of 45°00'01", and a chord that bears S67033'02"W, a chord
distance of approximately 130.1 feet;
THENCE N89056'54"W, with the North Right of Way line of said 72nd Street,
approximately a distance of 259.0 feet to a point for the most Southerly Southwest corner
of this tract;
THENCE N44°57'01"W, approximately a distance of 21.2 feet to the Point of Beginning
and containing approximately 9.96 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY;DOES NOT REPRESENT A SURVEY.
Prepared for: George McMahan
January 30, 2019
P:12019%19014-BOLTON OIL PAILINALIKEEWRVEYINGTIEL0NOTE OESCRIPTIONSIZONE CHANGE C-3.doc