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HomeMy WebLinkAboutOrdinance - 2010-O0027 - Amending The Zoning Ordinance 7084 Zone Case 3132. Church And Church Related - 03/25/2010First Reading March 25, 2010 Item No. 6.1 ORDINANCE NO. 2010-00027 Second Reading April 8, 2010 Item No. 5.15 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3132; A ZONING CHANGE FROM T TO A-2 ZONING DISTRICT LIMITED TO CHURCH AND CHURCH RELATED USES, ON 65 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 34, 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, 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 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 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. 3132 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 T to A-2 zoning district limited to church and church related uses on 65 acres of unplatted land out of Block AK, Section 34, City of Lubbock, Lubbock County, Texas, located at West of Upland Avenue North of 66th Street, 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 zone change be tied to church and church related uses. 2. THAT structures taller than one story shall not be allowed closer than 70 feet from the north property line. 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/I 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 on ____ Ma_r_c_h_25"""','--2_0_1_0 ____ _ Passed by the City Council on second reading on ___ A__._p_r_i _l _8"""', ___ 2_0_1_0 _____ _ ATTEST: Rau .... ~ RebeCc.t Garza, City Secretary AP~-'9 ~S TO FORM: ~~~~~--­ Chad Weaver Assistant City Attorney vw/CityAtt/Chad/Zoncshc3 l 32 MBrch 4, 2010 TOM MARTIN, MAYOR Zone Case No. 3132 page-2 o/2 0 Ordinance No . 2010-00027 FJELD NOTES on the Plat Limits of Tract A, Family Harvest Church Addition, an Addition to the City of Lubbock, Lubbock County, Texas a 65.637 acre tract out of Section 34, Block AK, Lubbock County, Texas being further described by metes and bounds as follows: BEGINNING at a found PK nail in the East line of Section 34 for the most Easterly Southeast comer of this tract whence a found railroad spike for the Southeast corner of Section 34, Block AK bears S 01°51'33" W (Texas North Central Zone Bearing Basis), 425.59 feet; THENCE N 88°10'21" W, with then North line of the tract described in Volume 3368, Page 100, Lubbock County Real Property Records, (LCRPR) 205.24 feet to a found iron pipe for a corner of this tract; THENCE S 01°59'20" W, 50.22 feet to the most Southerly Southeast comer of this tract; THENCE N 88°09'26" W, with the North line of the tract described in Volume 1892, Page 374, Lubbock County Deed Records, Volume 3368, Page 98, LCRPR and the tract described in Volume 4624, Page 330, LCRPR, at 115.42 r-eet pass a found rod with yellow cap, at 1947.02 feet pass a found iron pipe, in all 2177.42 feet to a found iron pipe for the most Southerly Southwest comer of this tract; THENCE N 01 °45'43" E, with the East line of the tract described in County Cle1'1< File No. 2008024597, LCOPR, 377 .50 feet to a found iron pipe for a comer of this tract; THENCE N 88°05•39• W, with the North line of the said tract described rn County Clerk File No. 2008024597 and the tract described in Volume 3369, Page 280, LCRPR, 259.72 feet to a found iron pipe for the most Westerty Southwest corner of this tract; THENCE N 01°51'46" E, with the East line of the tract described in Volume 4597, Page 79, LCRPR and the tract described in Volume 4596, Page 288, LCRPR, 753.74 feet to a found iron pipe with orange cap mal'1<ed RPLS 4460 for the Northwest corner of this tract; THENCE S 88°09'15" E, with the South line of the tract described in Volume 7603, Page 247, LCOPR and the Plat Limits of Lots 1 through 38 and Tract "N, Winghaven Estates recorded in Volume 5380, Page 74, Real Property Records, Lubbock County, Texas, at 1477.99 feet pass a found rod with yellow cap, in all 2404.51 feet to a found rod with yellow cap for the most Northerly Northeast corner of this tract; THENCE S 01°53' 11" W, 100 feetto a found rod with yellow cap for a corner of this tract; THENCE S 88°09'28" E, 238.49 to a PK nail found for the most Easterly Northeast comer of this tract; THENCE S 01 °51 '08" W, with the East line of Section 34, a distance of, 981 .13 feet to the Place of Beginning and containing 65,637 Acres including any Right of Way. S:\COOR2007\TOPO\section 34 block ak\FIELD NOTES on a Plat Limits Family Harvestdoc These Notes Represent a survey made on the ground. J.M. Cieszinski, RPLS # 4460 December 7, 2009