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HomeMy WebLinkAboutOrdinance - 2017-O0119 - Amending Zoning Ordinance 7084. Zone Case 2995-W - 09/14/2017First Reading September 14, 2017 Item No. 7.3 ORDINANCE N 0 ·-2~04-17+=>.,0J.Y0 ....... 11....,.9...___ Second Reading September 28, 2017 Item No. 7.10 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2995-W; A ZONING CHANGE FROM A-2, R-1 SPECIFIC USE AND GO TO AM ZONING DISTRICT ON 28.517 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 29, 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. 2995-W SECTION I. 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 A-2, R-1 Specific Use and GO to AM zoning district on 28.517 acres of unplatted land out of Block AK, Section 29, City of Lubbock, Lubbock County, Texas, located at 6601 66 1h Street and 7102 Ironton Avenue, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. THAT violation of any provision ofthis Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and Noll 00 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 September 14, 2017 Passed by the City Council on second reading on September 28, 2017 DANIEL M. POPE, MAYOR APPROVED AS TO CONTE : /1~ Andrew Paxton, Director of Planning · y Attorney Zone Case No. 2995-W page-2 of2 AMD ENGINEERING, LLC Rezone to A-M METES AND BOUNDS DESCRIPTION of a 12.327 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 for the Southeast comer of Tract C, Bacon Crest North, an Addition to the City of Lubbock, Lubbock County, Texas, recorded in County Clerk File Number 2015041255, Official Public Record of Lubbock County, Texas, and for the Southwest and beginning comer of this tract; THENCE N44°56'58"W, approximately a distance of 554.0 feet to a point in the South Right of Way line of7lst Street as described in County Clerk File Number 2012010889. Official Public Records of Lubbock County, Texas, for the Northwest comer of this tract; THENCE N45°03 '0 1 "E, approximately a distance of 954.6 feet to a point for the most Northerly Northeast comer of this tract; THENCE S89°56'59"E, approximately a distance of21.2 feet to a point in the West Right of Way line of Ironton Avenue as described in County Clerk File Number 2010029027, Official Public Records of Lubbock County, Texas, for the most Easterly Northeast comer of this tract: THENCE S44°56'58"E, along said West Right of Way line of Ironton Avenue, approximately a distance of 524.0 feet to a point for the most Easterly Southeast comer of this tract; THENCE S00°03 '0 I "W, approximately a distance of 21 .2 feet to a point in the North Right of\·Vay line of72nd Place as described in County Clerk File Number 2012016304. for the most Southerly Southeast comer of this tract: THENCE S45°03 '0 I "W, along said North Right of Way line of 72nd Place, approximately a distance of 954.6 feet to the Point of Beginning and containing approximately 1.465 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Convacare Junc28.2017 P·'2017\17084-S298AK-CROWN POINT,SURVEYING\FIELDNOTE DESCRIPTIONS.ZONE CHANGE CONIJACARE(1i doc AMD ENGINEERING, LLC Rezone to A-l\1 METES AND BOUNDS DESCRIPTION of a 16.19 acre tract of land located in Section 29, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further desc1ibed as follows: BEGINNING at a point in the East Right of\Vay line ofironton Avenue as described in County Clerk File Number 2010029027, Official Public Records of Lubbock County, Texas, for the Southwest and beginning comer of this tract, whence the Southwest comer of Section 29, Block AK bears N89°55 '26"W, approximately a distance of 1997.1 feet and S00°03 '02"W, approximately a distance of 4419.4 feet; THENCE N44°56'58"W. along said East Right of Way line of Ironton Avenue. approximately a distance of 84 7.1 feet to a point for a comer of this tract; THENCE Northwesterly, along the arc of a curve to the right, an arc distance of approximately 159.4 feet to a point for the end of said curve to the right and for a comer of this tract; said curve having a radius of 203.25 feet, a central angle of 44 a 55 '47", and a chord that bears N22°29'03"W, a chord distance of approximately 155.3 feet; THENCE N00°0 I' 1 O"W, continuing along said East Right of Way line of Ironton Avenue, approximately a distance of71.0 feet to a point for the most Westerly Northwest comer of this tract; THENCE N44°58'47"E, approximatdy a distance of 21.9 feet to a point in the South Right ofWay line of 66th Street as described in Volum~.? 1152, Page 269, Deed Records of Lubbock County, Texas, for the most Northerly Northwest comer of this tract; THENCE N89°59'03"E, along said South Right of Way line of 66th Street, approximately a distance of 1241.2 feet to a point for the most Northerly Northeast comer of this tract: THENCE Southeasterly, along the arc of a curve to the right, an arc distance of approximately 22.9 feet to a point in the West Right of Way line ofiola Avenue as described in Volume 8192, Page 291, Official Public Records of lubbock County, Texas, for the end of said curve to the right and for the most Easterly Northeast comer of this tract; said curve having a radius of 15.0 feet a central angle of8T'33'39", and a chord that bears S43°45'44"E. a chord distance of approximately 20.8 feet; THENCE soooo 1 '13"\V, along said West Right of Way line ofiola A venue, approximately a distance of 538.6 feet to a point for the Northeast comer of Tract C, Bacon Crest, an Addition to the City of Lubbock, Lubbock County, Texas, recorded in P· 2017\1 7064-S29BAK·CROWN POINT\SURitEYING\F!ELDNOTE DESCRIPTIONS ZONE CHANGE CONVACARE (2) doc County Clerk File Number 2010029027, Official Public Records of Lubbock County. Texas. and for the Southeast comer of this tract; THENCE N89°59'0l"W, along the North line of said Tract C. Bacon Crest, an Addition, approximately a distance of 336.1 feet to a point for a comer of this tract; THENCE S45°03 '02''W, continuing along said North line of Tract C, Bacon Crest, an Addition, approximately a distance of 391 .2 feet to the Point of Beginning and containing approximately 16.19 acres, including any Right of\Vay. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Convacarc June 28, 2017 P '2017117084-S29BAK-CROWN POINnSURVEYINGIFIELDNOTE DESCRIPTIONS-lONE CHANGE CONVACARE (2).doc PARCNr TRACr Bt4CON CRtST, lTD ROAANNC PORf10N Of" TRACr I (\otM. 1tu4'-Pp J4.J) / / / / ZONE A-U IIUII.roclltS 7~.~)0 so. n. /-NB9'59'01"'W 336.1'----j I I I I 0 g "' I ~ 1 \i I " I I ~ I I I ! I I I '----r-,--, I I I L _j _ _I 68th ST"Rf:£r SCALE: 0 100' 200' 400' ~~~ ... --~ ... ~ ... --~~~~~~ u "' ~ w