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Home My WebLink AboutOrdinance - 2010-O0051 - Amending Zoning Ordinance 7084. Zone Case 3135 - 06/24/2010First Reading June 24, 2010 Item No, 6.1 ORDINANCE NO. 2010-00051 Second Reading July 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. 3135; A ZONING CHANGE FROM T TO C-3 ZONING DISTRJCT ON 34.8 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 22, 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 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), land 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. 3135 SECTION I. 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 C-3 zoning district on 34.8 acres of unplatted land out of Block E-2, Section 22, City of Lubbock, Lubbock County, Texas, located at West oflndiana Avenue and South of 114th Street. 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 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 -------"'-Ju:::.:n::.:,ec.__::2~4..!.., -"2::.::0:..:1:.:::0'------Passed by the City Council on second reading on ___ .....:.J=-=u=-=l:..,,y--=-8.,__, .....:.2:...:0::....:1::....:0 ____ _ ATTEST: A7%.ED All: =NT Randy Hen n, Director of Planning . OFORM: Chad Weaver Assistant City Attorney vw/cityatt/Chad/ZoneCase/ZC3135 une 8, 2010 Zone Case No. 3 J 35 page -2 o/2 TOM MARTIN, MAYOR Exhibit "Au Ordinance No. 2010-00051 Rezone to C~3 Tract I Metes and Bounds Description of a 4.8 acre tract out of Section 22, Block E2, and being part of the East Half of Section 22, Block E2, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at the Northeast Comer of proposed Tract I for the Northeast comer of this tract which bears S 01 °48' W, 95.2 feet and N 88 °12' W, 54.9 feet from the Northeast comer of Section 22, Block E2: THENCE S 01 °48' W, 334.5 feet; THENCE N 88°12' W, 35.0 feet; THENCE S 01 °48' W, 23.9 feet; THENCE N 88°12'W, 500.0 feet; THENCE N 01 °43' E, 397.5 feet; THENCE S 88°17' E, 97.7 feet; THENCE S 85°26' E, 200.2 feet; THENCE S 88°16' E, 207.9 feet; THENCE S 43°26' E, 42.4 feet to the Place of BEGINNING and containing 4.8 Acres Rezone to C-3 Tract II Metes and Bounds Description of a 15.2 acre tract out of Section 22, Block E2, and being part of the East Half of Section 22, Block E2, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at the Northeast Comer of proposed Tract II for the Northeast comer of this tract which bears S 01 °48' W, 869.3 feet and N 88°12' W, 54.6 feet from the Northeast comer of Section 22, Block E2: THENCE S 01 °51' W, 405.7 feet; THENCE Westerly, with a curve to the right, having a radius of 14.9 feet, a central angle of 90°45', a chord distance of 21.2 feet, a chord bearing of S 46°34' Wand an arc length of23.6 feet; THENCE N 88°16' W, 41.2 feet; THENCE Northwesterly, with a curve to the right, having a radius of 1009.8 feet, a central angle of 09 °33', a chord distance of 168.0 feet, a chord bearing of N 83 °30' Wand an arc length of 168.2 feet; THENCE N 78°44' W, 100.4 feet; THENCE Northwesterly, with a curve to the left, having a radius of 1069. 73 feet, a central angle of 09 °32'39", a chord distance of 178.0 feet, a chord bearing of N 83 °30' Wand an arc length of 178.2' feet; THENCE N 88°16' W, 790.0 feet; THENCE N 43°14' W, 14.1 feet; THENCE N 01 °48' E, 445.6 feet; THENCE N 17°05' E, 19.3 feet; THENCE N 32°22' E, 277.5 feet; THENCE N 77°22' E, 14.1 feet; THENCE S 57°38' E, 269.9 feet; THENCE Southeasterly, with a curve to the left, having a radius of 1060.0 feet, a central angle of21 °43', a chord distance of 399.5 feet, a chord bearing of S 68°30' E, and an arc length of 401.9 feet; THENCE S 79°22' E, 262.6 feet; THENCE Southeasterly, with a curve to the left, having a radius of 1060.0 feet, a central angle of 08°55', a chord distance of 164.7 feet, a chord bearing of S 83°49' E, and an arc length of 164.9 feet; TIIENCE S 88°16' E, 93.1 feet; THENCE S 43°14' E, 21.2 feet to the Place of BEGINNING and containing 15.2 Acres (' Rezone to C-3 Tract III Metes and Bounds Description of a 14.8 acre tract out of Section 22, Block E2, and being part of the East Half of Section 22, Block E2, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point at the South end of radius at the Northeast Comer of proposed Tract III which bears S 01 °48' W, 1364.8 feet and N 88°12' W, 55.0 feet from the Northeast comer of Section 22, Block E2: THENCE S 01 °48' W, 1236.0 feet; THENCE Southwesterly, with a curve to the right, having a radius of 30.0 feet, a central angle of 89°55', a chord distance of 42.4 feet, a chord bearing ofS 46°46' W, and an arc length of 47.1 feet; THENCE N 88°17' W, 68.7 feet; THENCE N 86°11' W, 150.1 feet; THENCE Northwesterly, with a curve to the right, having a radius of 1007.9 feet, a central angle of 05 °06', a chord distance of 89.8 feet, a chord bearing of N 85 °4 7' W, and an arc length of 89.8 feet; THENCE N 83°14' W, 67.5 feet; THENCE Northwesterly, with a curve to the left, have a radius of 1071.4 feet, a central angle of 05°02', a chord distance of94.2' feet, a chord bearing ofN 85°45' W, and an arc length of94.2 feet; THENCE N 01 °48' E, 1306.7 feet; THENCE Southeasterly, with a curve to the right, having a radius of 1009.7 feet, a central angle of 09°33 ', a chord distance of 168.0 feet, a chord bearing of S 83 °30' E, and an arc length of 168.2 feet; THENCE S 78°44' E, 100.4 feet; THENCE Southeasterly, with a curve to the left, having a radius of 1069. 7 feet, a central angle of 09°33 ', a chord distance of 178.0 feet, a chord bearing of S 83 °30' E, and an arc length of 178.2 feet, THENCE S 88°16' E, 41.1 feet; THENCE Southeasterly, with a curve to the left, having a radius of 82.2 feet, a central angle of 01 °44', a chord distance of2.5 feet, a chord bearing of S 89°08' E, and an arc length of 2.5 feet; THENCE Southeasterly, with a curve to the right, have a radius of 15.00 feet, a central angle of 80 °1 O ', a chord distance of 19 .3 feet, a chord bearing of S 3 8 °17' E, and an arc length of 21. 0 feet to the Place of BEGINNING and containing 14.8 Acres