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HomeMy WebLinkAboutOrdinance - 2010-O0092 - Amending Zoning Ordinance 7084. Zone Case 3143 - 12/02/2010f ~ L/0 -3/ First Reading December 2, 2010 Item No. 6.1 Second Reading December 15, 2010 Item No. 5.28 ORDINANCE NO. 2010-00092 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3143; A ZONING CHANGE FROM R-1 TO A-2 AND C-3 ZONING DISTRICT ON 27.6 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 43, 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 compiled 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 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. 3143 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 R-1 to A-2 and C-3 zoning district on 27.6 acres of unplatted land out of Block AK, Section 43, City of Lubbock, Lubbock County, Texas located at west of Milwaukee Avenue between 26th Street and 34th Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: J.f.().IJI. coS ) 1. THAT the required screening fences on both parcels are deferred pending development of the adjacent tracts. 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 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 December 2, 2010 Passed by the City Council on second reading on__ December 15, 2010 ATTEST: ~a Garza, City Secretary A~Z~/~ Chad Weaver Assistant City Attorney vwlCity AtttChad.'Zones/zc3143 Novc;:mber 4. 20 I 0 -~~ TOM MARTIN, MAYOR Zone Case No. 3143 page-2 of2 .I LAND SURVEYORS CIVIL ENGINEERS Ordinance No. 2010-00092 HUGO REED AND ASSOCIATES. INC. 1801 AVENUE N I LVBBOCK, TEXAS 79401/808-783-5842/ FAX 80&-783-3881 TEXAS REGISTERED ENGINEERING FIRM F-780 TEXAS LICENSED SURVEYING FIRM 100878-00 PROPOSED A-2 ZONING METES AND BOUNDS DESCRIPTION of an approximately 12.6 acre tract of land located in Section 43, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West right-of-way line of Milwaukee Avenue, which bears North, an approximate distance of 1961.2 feet, and West, an approximate distance of 53.5 feet from the Southeast corner of Section 43, Block AK, Lubbock County, Texas; THENCE S. 89°55'29" W., an approximate distance of 818.1 feet to a point; THENCE N. 00°04'43" E., an approximate distance of 682.0 feet to a point in the South right-of-way line of 26th Street; THENCE S. 89°55'17" E., along the South line of said 26th Street, an approximate distance of 768.1 feet to a point; THENCE S. 00°23'49" E., continuing along said South right-of-way line, an approximate distance of 5.0 feet to a point of intersection; THENCE Southeasterly, continuing along said South right-of-way line, along a curve to the right, said curve having a radius of approximately 20.0 feet, a central angle of approximately 89°33'14", tangent lengths of approximately 19.84 feet, and a chord distance of approximately 28.17 feet to a point of intersection in the West right-of-way line of Milwaukee Avenue; THENCE Southeasterly, along the West right-of-way line of said Milwaukee Avenue, along a curve to the left, said curve having a radius of approximately 1555.0 feet, a central angle of approximately 03°13'42", tangent lengths of approximately 43.82 feet, and a chord distance of approximately 87.6 feet to a point of intersection; THENCE S. 04°04'37" E., continuing along the West right-of-way line of said Milwaukee Avenue, an approximate distance of 299.0 feet to a point of curvature; THENCE Southeasterly, continuing along the West right-of-way line of said Milwaukee Avenue, along a curve to the right, said curve having a radius of approximately 1445.0 feet, a central angle of approximately 04°02'37", tangent lengths of approximately 51.0 feet, and a chord distance of approximately 102.0 feet to a point of intersection; THENCE S. 00°04'31" E., continuing along the West right-of-way line of said Milwaukee Avenue, an approximate distance of 167.5 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY. 111[::1 LAND SURVEYORS CIVIL ENGINEERS Ordinance No. 2010-00092 HUGO REED AND AS,SOCIATES, INC. 1101 AVENUE N I LUBBOCK, TEXAS 71401 I 8011713-5142 I FAX 108/7U-3U1 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100678-00 PROPOSED C-3 ZONING METES AND BOUNDS DESCRIPTION of an approximately 10.3 acre tract of land located in Section 43, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North right-of-way line of 34th Street which bears West, an approximate distance of 28.2 feet and North, an approximate distance of 45.0' from the Southeast corner of Section 43, Block AK, Lubbock County, Texas; THENCE N. 88°33'34" W., along the North right-of-way line of said 34th Street, an approximate distance of 399.3 feet to a point; THENCE West, continuing along the North right-of-way line of said 34th Street, an approximate distance of 162.7 feet to a point; THENCE North, an approximate distance of 798.2 feet to a point; THENCE East, an approximate distance of 538.5 feet to a point in the West right-of-way line of Milwaukee Avenue; THENCE S. 00°04'31" E., along the West right-of-way line of Milwaukee Avenue an approximate distance of 61.4 feet to a point; THENCE N. 89°58'00" E., continuing along the West right-of-way line of said Milwaukee Avenue, an approximate distance of 1.5 feet to a point; THENCE S. 00°02'00" E., continuing along the West right-of-way line of said Milwaukee Avenue, an approximate distance of 23.3 feet to a point of curvature; THENCE Southeasterly, continuing along the West right-of-way line of said Milwaukee Avenue, along a curve to the left, said curve having a radius of approximately 1252.0 feet, a central angle of approximately 05°42'10", a chord distance of approximately 124.6 feet, and a chord bearing of approximately S. 02°59'26" E., to a point of intersection; THENCE S. 05°36'00" E., continuing along the West right-of-way line of said Milwaukee Avenue, an approximate distance of 92.7 feet to a point; THENCE S. 05°53'42" E., continuing along the West right-of-way line of said Milwaukee Avenue, an approximate distance of 67.3 feet to a point; · THENCE S. 02°50'04" E., continuing along the West right-of-way line of said Milwaukee Avenue, an approximate distance of 200.3 feet to a point; THENCE S. 05°41 '21" E., continuing along the West right-of-way line of said Milwaukee Avenue, an approximate distance of 180.4 feet to a point; THENCE S. 00°11 '45" W., continuing along the West right-of-way line of said Milwaukee Avenue, an approximate distance of 43.3 feet to a point of intersection; THENCE Southwesterly, continuing along the West right-of-way line of said Milwaukee Avenue, along a curve to the right, said curve having a radius of approximately 30.0 feet, a central angle of approximately 66°02'58", a chord distance of approximately 32.7 feet, and a chord bearing of approximately S. 58°20'57" W., to the Point of Beginning. PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY.