HomeMy WebLinkAboutOrdinance - 2006-O0027 - Amending Zoning Ordinance To Make Change: Zone Cae NO. 1367-A - 03/08/2006First Reading
March 8, 2006
Item No. 6.2
ORDINANCE NO. 2006-o0027
Second Reading
March 23, 2006
Item :No. 5.5
AN ORDJNANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1357-A; A ZONING CHANGE FROM R-1 AND M-1
TO IDP ZONING ON 586.097 ACRES OF UNPLATTED LAND OUT OF
SECTION 7, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDJNG 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 29-29 of the Code of Ordinances, City of Lubbock, Texas,
and the notices provided by the Texas Local Govenunent 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 CoW1cil 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 detennined 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. 1357-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from R-1 and M-1 to IDP zoning district on
586.097 acres of unplatted land out of Section 7, Block A, City of Lubbock,
Lubbock County, Texas, located at East Kent to East Ursuline, 1-27 to MLK,
subject to conditions and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT a fifty foot setback for any structure shall be required for lots that
are adjacent to Kent or Ursuline.
2. THAT no screening fences adjacent to a street shall be required on the
entire perimeter of the project. (Screening of outside storage is already a
Code requirement in IDP).
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by fme not to exceed Two Thousand and No/1 00 Dollars
($2,000.00) as provided in Section 29-31 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 this 8th day of __ .:!Ma~r~c~h~--' 2006.
Passed by the City Council on second reading this 23J:d day of March , 2006.
~/#d--
TOM MARTIN, MAYOR PROTEM
ATTEST:
~~~ Re cca Garza, City Secre
Zone Case No. 1357-A
page-2 oj2
APPROVED AS TO FORM:
c:=::k-~~~~
Linda L. Chamales
Senior Attorney Office Practice
aslcityatt!Linda/ZoneCase/ZC 1357-A
February 2, 2006
Zone Case No. 1357-A
page -3 of2
Exhibit "A"
Ordinance No. 2006-Q0027
Zone Case No. 1357-A
METES AND BOUNDS DESCRIPTION of a 586.097 acre tract of land being Section 7, Block A, Lubbock
County, Texas, being further described as follows :
BEGINNING at a railroad spike found in the North llne of Section 7, Block A, at the Northwest comer of
this tract which bears N. 89°45'50" E. a distance of the 260.03 feet from the Northwest comer of Section
7, Block A, Lubbock County, Texas;
THENCE N. 89°45'50" E., along the North line of said Section, a distance of 126.02 feet to a point at the
Northwest corner of a tract of land recorded in Volume 393, Page 505 Deed Records of Lubbock County,
Texas, for a corner of this tract;
THENCE S. 00°14'10" E. (Deed North-South), along the West line of said tract recorded in Volume 393,
Page 505, at 12.00 feet pass a 1/2" iron rod with cap set in reference, continuing for a total distance of
112.00 feet to a 1/2" iron rod with cap set at the Southwest corner of said tract recorded in Volume 393,
Page 505, for a corner of this tract;
THENCE N. 89°45'50" E. (Deed East-West), along the South line of said tract recorded in Volume 393,
Page 505, a distance of 100.00 feet to a 1/2" iron rod with cap set at the Southeast comer of said tract
recorded in Volume 393, Page 505 for a comer of this tract;
THENCE N. 00°14'10" W. (Deed North-South), along the East line of said tract recorded in Volume 393,
Page 505, at 1 00.00 feet pass a 1/2" iron rod with cap set in reference, continuing for a total distance of
112.00 feet to a 1/2" iron rod with cap set in the North line of said Section 7, Block A at the Northeast
comer of said tract recorded in Volume 393, Page 505, for a corner of this tract;
THENCE N. 89°45'50" E., along the North line of said Section, a distance of 12.75 feet to a point at the
Northwest corner of a tract of land described in Volume 1856, Page 255, Deed Records of Lubbock
County, Texas, for a corner of this tract;
THENCE S. 00°12'16" E. (DeedS. 00°08'26" W. 122.00 feet), along the West line of said tract described
in Volume 1856, Page 255, at 0.14 feet pass a railroad spike found in reference, at 30.15 feet pass a 3/8"
iron rod found in reference, continuing for a total distance of 122. 16 feet to a 3/8• iron rod found at the
Southwest corner of said tract of land recorded in Volume 1856, Page 255, for a comer of this tract;
THENCE N. 89°48'18" E. (DeedS. 89°51'34" E.), along the South line of said tract described in Volume
1856, Page 255, a distance of 117.00 feet to a 1/2" iron rod with cap set at the Southeast comer of said
tract of land recorded in Volume 1856, Page 255, for a comer of this tract;
THENCE N. 00°12'16" W. (Deed N. 00°08'26" E. 122.00 feet), along the East line of said tract of land
recorded in Volume 1856, Page 255, at 92.01 feet pass a 3/8" iron rod found in reference, at 122.02 feet
pass a railroad spike found in reference, continuing for a total distance of 122.24 feet to a point at the
Northeast comer of said tract recorded in Volume 1856, Page 255, in the North line of said Section, for a
comer of this tract;
THENCE N. 89°45'50" E., along the North line of said Section, a distance of 4648.14 feet to a railroad
spike found in the West right-of-way line of Martin Luther King Jr. Boulevard, in Warranty Deed to the City
of Lubbock in instrument of record in Volume 1489, Page 603, Deed Records of Lubbock County, Texas,
at the Northeast corner of this tract;
THENCE S. 00°23'49. E. (Deed S. 01°55'42" W . 319.88 feet}, along the West right-of-way line of said
Martin Luther King Jr. Boulevard, a distance of 319.17 feet to a 318" iron rod found at a point of curvature;
THENCE Southwesterly, continuing along the West right-of-way line of said Martin Luther King Jr.
Boulevard, around a curve to the right, said curve having a radius of 5674.58 feet, a central angle of
01 °37'06" (Deed 01 °37'00"), a chord distance of 160.19 feet (Deed 160.11 feet) and a chord bearing of S.
00°26'08" W. (DeedS. 02°44'12" W.) to a 3/8" iron rod found at a point of intersection;
Zone Case No. 1357-A
THENCE S. 01°13'02" W. (DeedS. 03°32'42" W. 1237.52 feet), continuing along the West right-of-way
line of said Martin Luther King Jr. Boulevard, a distance of 1237.51 feet to a 3/8" iron rod found at a point
of curvature;
THENCE Southwesterly, continuing along the West right-of-way line of said Martin Luther King Jr.
Boulevard, around a curve to the left, said curve having a radius of 5684.58 feet, a central angle of
01°37'59" (Deed 01°38'00"), a chord distance of 164.86 feet (Deed 164.90 feet) and a chord bearing of S.
00°26'11" W. (DeedS. 02°43'42" W.) to a 3/8" iron rod found at a point of intersection;
THENCE S. 00°25'41" W. (DeedS. 01°54'42" W. 1989.74 feet), continuing along the West right-of-way
line of said Martin Luther King Jr. Boulevard, a distance of 1969.94 feet to a 3/8" iron rod found at a point
of curvature;
THENCE Southwesterly, continuing along the West right-of-way line of said Martin Luther King Jr.
Boulevard, around a curve to the left, said curve having a radius of 5674.58 feet, a central angle of
01°43'31" (Deed 01°43'30"}, a chord distance of 174.18 feet (Deed 174.15 feet) and a chord bearing of S.
01 °15'41" E. (DeedS. 01 °02'57" W.) to a 3/8" iron rod with cap found at a corner of this tract;
THENCE S. 02°08'33" E., continuing along the West right-of-way line of said Martin Luther King Jr.
Boulevard, a distance of 231.56 feet to a 1/2" iron rod found at the Northeast comer of Lot 1, Lubbock
Fire Department Addition, to the City of Lubbock, Lubbock County, Texas, according to the map, plat
and/or dedication deed thereof recorded in Volume 5943, Page 156, Real Property Records of Lubbock
County, Texas, at a corner of this tract;
THENCE S. 89°41'40" W. (PlatS. 89°40'40" W), along the North line of said Lot 1, a distance of 800.00
feet to a 1/2" iron rod with cap found at the Northwest corner of said Lot 1 at a corner of this tract;
THENCE s. 00°24'52" E. (Plats. 00°25'30" E.), along the West line of said Lot 1, a distance of 1000.00
feet to a 1/2" iron rod with cap found at the Southwest corner of said Lot 1, in the North right-of-way line of
Ursuline Street for the Southeast comer of this tract;
THENCE S. 89°40'40" W., along the North right-of-way line of said Ursuline Street, a distance of 4374.50
feet to a 1/2" iron rod with cap set for a point of curvature;
THENCE Northwesterly around a curve to the right, said curve having a radius of 15.00 feet, central angle
of 90°00'00" and a chord distance of 21.21 feet to a 1/2" iron with cap set in the East right-of-way line of
North Ash Avenue for a non-tangent point of intersection;
THENCE N. 00°17'44" W., along the East right-of~way line of North Ash Avenue, a distance of 922.44 feet
to a 1/2" iron rod with cap set in the East right-of-way line of Interstate No. 27 as reflected in Deed
(Controlled Access Highway Facility) to the State of Texas in instrument of record in Volume 1418. Page
686, Deed Records of Lubbock County. Texas. for a point of curvature;
THENCE Northeasterly, along the East right-of-way line of said Interstate No. 27, granted to the State of
Texas in instrument of record in Volume 1418, Page 686, and in Volume 1383, Page 149, respectively,
Deed Records of Lubbock County, Texas, along a curve to the left, said curve having a radius of 1910.08
feet, a central angle of 16°39'08", a chord distance of 553.19 feet and a chord bearing of N. 17°17'30" E.
for a point of intersection:
THENCE N. 09°38'33" E. (Deed N. 09°50'00" E. 1005.24 feet), continuing along the East right-of-way line
of said Interstate No. 27, as reflected in Deed (Controlled Access Highway Facility} to the State of Texas
in instrument of record in Volume 1383, Page 149, Deed Records of Lubbock County, Texas, a distance
of 1005.21 feet to a 1/2" iron rod with cap set for a corner of this tract;
Zone Case No. 1357-A
THENCE N. 04°37'38" W. (Deed N. 04°10'19" W. 1406.38 feet), continuing along the East right-of-way
line of said Interstate No. 27, a distance of 1406.23 feet to a 1/2" iron rod found at a corner of this tract;
THENCE N. 01°29'08" W. (Deed N. 01°07'00" W. 1429.55 feet), continuing along the East right-of-way
line of said Interstate No. 27, a distance of 1427.37 feet to the Point of Beginning;