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Home My WebLink AboutOrdinance - 2017-O0120 - Amending Zoning Ordinance 7084. Zone Case 3323 - 09/14/2017First Reading September 14, 2017 Item No. 7.4 ORDINANCE NO. 2017-00120 Second Reading September 28, 2017 Item No. 7.11 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3323; A ZONING CHANGE FROM T TO C-2A ZONING DISTRICT ON 37.6 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 4, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 compiled 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 Ordinances 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. 3323 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 T to C-2A zoning district on 37.6 acres of unplatted land out of Block AK, Section 4, City of Lubbock, Lubbock County, Texas located at 146th Street and Memphis 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 the 34.3 acre tract be limited to a church, private school, and related uses. 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 Noll 00 Dollars ($2,000.00) as provided in Section 40.01.006 ofthe 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, 201 7 Passed by the City Council on second reading on September 28, 2017 ATTEST: DANIEL M. POPE, MAYOR Zone Case No. 3323 page-2 of3 APPROVED AS TO CONTENT: A;drew Paxton, Director of Planning APPROVED AS TO FORM: vw/City A ttl J ustin/Zones/ZC3323 August 21,2017 Zone Case No. 3323 page-3 of3 HUGO REED AND ASSOCIATES, INC. LAND SURVEYIIJJRS CIVIL E NG~NE E RS EXHIBIT "A" C-2A WITH CONDITIONS -r::~~ fij~· ~r. £.R:l:t'l .~-fKi,[t-J~r.~t ._q , f .UUa"; .f-JUil• ..c~~~·!.f. 1.~~_t.1 ;;t._J~~·-=-'Jif.:.t!Si (~t;t.!~, ~l!f!Ia:f..r.~r:...;L,, METES AND BOUNDS DESCRIPTION of an approximate 34.3 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 4, Block AK, Lubbock County, Texas, for the Southwest corner of this tract which bears. S. 88°12'49" E. an approximate distance of 1678.5 feet from the Southwest corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 01°47'11" E. an approximate distance of 1583.9 feet to a point for the Northwest corner of this tract; THENCE S. 88°13'29" E. an approximate distance of 1042.4 feet to a point; THENCE S. 7r21 '49" E. an approximate distance of 160.3 feet to a point for the Northeast corner of this tract; THENCE S. 12°38'11" W. an approximate distance of 250.4 feet to a point of curvature; THENCE Southwesterly, along a curve to the right, said curve having a radius of approximately 1034.5 feet, a central angle of 12°23'15", a chord distance of approximately 223.2 feet and a chord bearing of S. 18°49'48" W. to a point of tangency; THENCE S. 25°01 '26" W. an approximate distance of 132.1 feet to a point of curvature; THENCE Southwesterly, along a curve to the left, said curve having a radius of approximately 995.5 feet, a central angle of 03°54'57", a chord distance of approximately 68.0 feet and a chord bearing of S. 23°03'58" W. to a point of compound curvature; THENCE Southwesterly, along a curve to the left, said curve having a radius of approximately 800.5 feet, a central angle of 19°19'18", a chord distance of approximately 268.7 feet and a chord bearing of S. 11 °26'50" W. to a point of tangency; THENCE S. 01 °47'11" W. an approximate distance of 347.0 feet to the most Easterly Southeast corner of this tract; THENCE N. 88°12'49" W. an approximate distance of 484.0 feet to a point; THENCE S. 01 °47'1 0" W. an approximate distance of 298.0 feet to a point in the South line of said Section 4, Block AK, for the most Southerly Southeast corner of this tract; THENCE N. 88°12'49" W., along the South line of said Section 4, Block AK, an approximate distance of 481.4 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT A SURVEY Prepared for Kingdom Preparatory Academy September 14, 2017 I I I I I I I 71 1 -,~ I 16 I ~-'---c-L~l=-L~J_j~i3l~_LJ r4:l\ I 72/ ~J/7 I~;---, --~'~) -~-L-_j_ 73/74 _/"~, :_;_ 19 I ~f:,~;r 24 ! 25 ! 26 T,:7T2~ "':-!; / --;-ESTATES OF ;-:::-;::::-L_LJ~L~ ESTATES OF =j_J~t:-:--/ I 89 I KELSEY PARK I 1----r-I ~IT KELSEY PARK --r-1 "f 44 !/ l.. I 88 ' I I' ............. I 77 I 78 I I .~ l;:t::l ~ ~ I A I --.j -::::!_.:~-~..! .. :-.. 871? 86-...~r-........ .... "-----1 __ : 79 : 80 '~l 35 I 34 I 3~3~ 31 I 30 I 29 I £r) L43 ,; -.::::_J( I 1'----.L __ _1_ _ _)~ ~ ~E ~ . _) -....... -... I 85 1 -...,__ _ __ /40th S TR£ T tf::(-::::::!_j --....::::.....~--::.::::./.._84 / 83 l 82l 8; 1 1 36ll 37: ~:[ 39 ~I 4oll 41 ):j~/ ~-..J. I I ::1 sn-21'497: -...:::..--L __ J.S88"13'29"E 1042.4' -160.J• J EXISTING C-2A WITH CONDITIONS C-2A WITH CONDITIONS APPROXIMATELY 34.3 ACRES ~ b-..-0 i'-cci vm •N 0 55' PROSPECTIVE C/l NB8'12'49"W 484.0' C-2A TO BE PROPOSED CONCURRENTLY /~ ~;= ~;5 ~~ I {I) I I I / i R=1034.5' ! /'-D. =12'23'15" / . ft g~=~~ .. ~9'48"W I N~ I r>j ,.. I ...... o I If/ I !\:_"" I R=995.5' / / /}.=03'54'57" 1 I CH=68.0' j /f CB=S23'03'5B'W i R=800.5' I D. =19'19'18" : CH=268.7' I CB=S11'26'50"W I ~ I I I I I I I J \ -------------~' I ~ _.---RIGHT -OF-WAY __ L _____________ _ - ---\_--/46th --5 TREET __ (__J__N_a_s·-12-'4_9_"W--4-:-:B:-:-1-:-.4,:---...._ SOUTH LINE OF SECT/ON 4. BLOCK AK POINT OF BEGINNING: THIS POINT BEARS S88"12'49"E APPROXIMATELY 1678.5' FROM THE SOUTHWEST CORNER Of SECTION 4, BLOCK AK. _ ____ _l....J_j _ ------------- SCALE: 1 "=300' HUGO REED AND ASSOCIATES, INC. ILA D SURVEYORS CIVIL E N G 1N EERS EXHIBIT "A" C-2A 1\0.CS:~.':; :!<~~~. r~·rti> i?·~·l:•).f';';.'<l"";;, ~ I.THil .~-;<'Gi$• -_.E-~ "~ J.u::_r· ~:-1:~ ::t..~":.7 ·.rN.G ·;.1."!~, I'J.((t'riJj'"fi • .(f,J• METES AND BOUNDS DESCRIPTION of an approximate 3.3 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 4, Block AK, Lubbock County, Texas, for the Southwest corner of this tract which bears. S. 88°12'49" E. an approximate distance of 2160.0 feet from the Southwest corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 01 o 47'1 0" E. an approximate distance of 298.0 feet to a point for the Northwest corner of this tract; THENCE S. 88°12'49" E. an approximate distance of 484.0 feet to a point for the Northeast corner of this tract; THENCE S. 01 °47'11" W. an approximate distance of 298.0 feet to a point in the South line of said Section 4, Block AK, for the Southeast corner of this tract; THENCE N. 88°12'49" W., along the South line of said Section 4, Block AK, an approximate distance of 484.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT A SURVEY Prepared for Kingdom Preparatory Academy September 14, 2017 -I I I I I I II I I I i I ~-11 r--::~~ 1 16l~~L--L~_L~~~LL3_l_~_j 46 11 II I 72 I ~~17 r;--_, ~;;;,;.1J ~~L-/ 73/74 /"'~-18 1 19 1 :r~~~~~~T~;r24 1 25 1 26 T~7T;8~1 ~.;;~1 / --;---ESTATES OF ~~L_L_j ~L~ ESTATES OF ='_1_]~0--j I 89 I KELSEY PARK 7 I -----r---,-I ~IT KELSEY PARK Tl "{ 44 ;/ I I 88 I lj' ~ I 7 I 78 I I ~ l;t:l ~ ) I ------.../ -.::::....:::. ---~-----.. I 87 I; '-'~ ---J..... ...._ I I 79 I 80 IV) I 35 I 34 I 33 I 32 I 3/ I 30 I 29 I l I --::,~-> I I 86 I '-...._ --L._-I I _) ~L_ L:__ _j____:_ ~ _:_j_ ~ ~ 43 I ~ ( / 85 ir------...._ -r---------L--j_ -~ /40th 5 TREET ~ r----dJ ~----"'----/ 84/ ;-~--IT-:T-:J ~I:rD~~~ ~~~~~L~2 L~~6_L}_38 Ul 39 1 4~_:j_ 421 ~1 EXISTING C-2A WITH CONDITIONS -----r~-------------=--=-------~_) I I 1 i I I I I I ,' J I I I I I I /I / I I I I / I / I /I / I /j / J C-2A WITH CONDITIONS // / I TO BE PROPOSED CONCURRENTLY 1 1 I !I ! II I I I I I I I I I I I (1/ '//1 I I I ! I : I : I >-I I w <t I I I I ~~ I I Uu_ I I I I H: '? I I (/) f-I I I I §?I I I Q:i! I I I I I I I I I I S88°12'49"E 484.0' I I I ~-i I F:. ~ C-2A : ~ I ~ gJ APPROXIMATEL '( ~ f o m~ 11 ----~~~=~~~E_c~~; 2 3.3 ACRES ~ N'~ ________________________________ £ ______________ -------------~' I I -----/46th --STREET __ _L..,_-------____L_~-N-88-.-12-'4-9"_W_4_8-4.-0'...!..--'--L -------------L POINT OF BEGINNING: SOUTH LINE OF SECTION 4. BLOCK AK THIS POINT BEARS S88"12'49"E APPROXIMATELY 2160.0' FROM THE SOUTHWEST CORNER OF SECTION 4, BLOCK AK. SCALE: 1 "=300' I HUGO REED • I._ A ND ASSOCIATES. INC. LAND SURVEYORS LUBBOC~~~~~~~~~O~ C IVIL ENGINEERS PHONE: 8061 763-5642 i~~; ~i~~;i~~~~~i~e~~:~~ ~~~7~~~~0 FAX: 606/ 763·3891