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HomeMy WebLinkAboutOrdinance - 2010-O0096 - Amending Zoning Ordinance 7084. Zone Case 3145 - 12/02/2010First Reading December 2. 2010 Item No. 6.5 ORDINANCE NO. 2010-00096 Second Reading December 15, 2010 Item No. 5.32 AN ORDINANCE AMENDING ZONING ORDfNANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3145; A ZONING CHANGE FROM C-4, C-3, R-3 AND R-2 TO CB-2, CB-3 AND CB-4 ZONING DISTRICT ON APPROXJMATELY 400 ACRES OF PLATTED AND UNPLATTED LAND AS FOLLOWS: LOTS 1 AND 2, BLOCK 3, KNIGHT ADDITION; BLOCK l, ROBINSON ADDITION; LOTS 1, 2, 23, AND 24, BLOCK 2, DIXIE LAND ADDITION; LOTS 1-3, BLOCK 1, SUMMERS COCKRELL ADDITION; LOTS 8-10 OF BLOCK 8, BLOCK 1, MCCRUMMEN 15T ADDITION; LOTS 1-6 OF BLOCK 1, LOTS 1-3 OF BLOCK 2, MYRICK'S ADDITION; LOTS 1-5, AND THE NORTH HALF OF LOT 6, PENNEY ADDITION; LOTS 1-5 AND LOTS 17-20, PICKETT & PENNEY .ADDITION; LOTS 3-11 AND THE NORTH HALF OF LOT 12, AND CLOSED ALLEY, JV ROY ADDITION; LOTS 1-6 AND WT 13, MRS. lA BOYD ADDITION; NORTH 166 FEET OF KUYKENDALL TRACT ADDITION; TRACT 27, OVERTON PARK ADDITION; LOTS 13-17, BLOCK 2, MCCRUMMEN 2N° ADDITION; LOTS 1-22, GARLAND ADDITION; LOTS 1-3, BLOCK 7, HElM ADDITION; BLOCKS 1, 3, 4 AND THE EAST HALF OF BLOCKS 5-10, 121, 134, LOTS 1-5, A PORTION OF LOT 8 (AS MORE PARTICULARLY DESCRlBED IN EXHIBIT "A" ATTACHED HERETO) LOTS 9 AND 10 IN BLOCK 11, AND TRACT A, OVERTON ADDITION; BLOCK 1, DUPREE ADDITION; BLOCKS 1, 2, AND 43, l\-1ERRILL ADDITION; BLOCK 2, BOWLES ADDITION; ALL OF NEAL AND ALEXANDER ADDITION; ALL OF LPK ADDITION; ALL OF AMERICAN STATE BANK ADDITION; ALL OF GA RUSH ADDITION; ALL OF DEPOT DISTRICT ADDITION; ALL OF JT HART ADDITION; BLOCKS 54, 55, 70, 71, 86, 87, 97-106, 113-123, 127 - 138, 143-150, 160 -166, 176-182, 191-201, 207 -217, 223-233 AND THE PUBLIC SQUARE LUBBOCK ORIGINAL TOWN ADDITION; AND 4.275 ACRES OF UNPLATTED LAND OUT OF BLOCK 0, SECTIONS 1 AND 2, AND BLOCK B, SECTIONS 7 AND 9, A PORTION OF RAILROAD RIGHT OF WAY, AND ALL CLOSED STREETS AND ALLEYS; AND ALL ADJACENT RIGHT OF WAY (GENERALLY LOCATED SOUTH OF 7TH STREET, NORTH OF 25m STREET BETWEEN INTERSTATE 27 AND AVENUE R), LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICA TlON. 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 A valanche-Joumal 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 J.jiJ . 01. OD 5 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. 3145 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are ....t:: 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 C-4, C-3, R-3 and R-2 to CB-2, CB-3 and CB-4 zoning district on approximately 400 acres of platted and unplatted land as follows: Lots 1 and :Z, Block 3, Knight Addition; Block 2, Robinson Addition; Lots 1, 2, 23, and 24, Block 2, Dixie Land Addition; Lots J-3, Block 1, Summers Cockrell Addition; Lots 8-10 of Block 8, Block 1, McCrummen 151 Addition; Lots 1-6 of Block 1, Lots 1-3 of Block 2, Myrick's Addition; Lots 1-5, and the north half of Lot 6, Penney Addition; Lots 1-5 and Lots 17-20, Pickett & Penney Addition; Lots 3-U and tbe north half of Lot 12, and closed alley, JY Roy Addition; Lots 1-6 and Lot 13, Mrs. lA Boyd Addition; north 166 feet of Kuykendall Tract Addition; Tract 27, Overton Park Addition; Lots 13-17, Block 2, McCrummen 2"d Addition; Lots 1- 22, Garland Addition; Lots 1-3, Block 7, Heim Addition; Blocks 1, 3, 4 and the east half of Blocks 5-10, 121, 134, Lots 1-5, a portion of Lot 8 (as more particularly described in Exhibit "A" attached hereto) Lots 9 and 10 in Block 11, and Tract A, Overton Addition; Block 1, Dupree Addition; Blocks 1, 2, and 43, MerriU Addition; Block 2, Bowles Addition; all of Neal and Alexander Addition; all of LPK Addition; all of American State Bank Addition; all of GA Rush Addition; all of Depot District Addition; all of JT Hart Addition; Blocks 54, 55, 70, 71, 86, 87, 97-106, 113-123, 127-138, 143-150, 160 -166, 176-182, 191-201, 207-217, 223 -233 and the Public Square Lubbock Original Town Addition; and 4.275 acres of unplatted land out of Block 0, Sections 1 and 2, and Block B, Sections 7 and 9, a portion or railroad right of way, and all closed streets and alleys; and all adjacent right of way (generally located south of 71h Street, north or 251h Street between Interstate 27 and Avenue R), City of Lubbock, Lubbock County, Texas. 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 1 this Ordinance shall not be affected thereby. Zone Case No. 3145 page-2 of2 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 ---~D:...::e:...::c:.:e=m=.b=.er::........:2:....~,~2~0~1=-0 ___ _ Passed by the City Council on second reading on ---=D:....:e:....:c-=e=mb=-e=-r;;__:l:..::5:....!:,--=2-=-0-=-10:::...._ __ _ ATTEST: APPROVED AS TO CONTENT: Chad Weaver Assistant City Attorney vw/cityatt/Chad/ZoncCasc/ZCJ 145. v2 December 13. 2010 Zone Case No. 31./5 page-3 of2 TOM ARTfN. MAYOR Ordinance No. 2010-00096 Exhibit A: CB-2 District BEGfNNING at a point which bears west 1043.48 feet and south 2209.98 feet from Northeast (NE) comer of Section 2 Block 0. THENCE at a bearing ofS88:32:54. 7E a distance of2609.4 feet THENCE at a bearing ofN2:01 :0 1.3E a distance of 667.23 feet THENCE at a bearing ofN1:53:05.7W a distance of339.81 feet THENCE at a bearing ofS88:07:58.6E a distance of725.46 feet THENCE at a bearing of S 1 :50:52.1 W a distance of 1004.8 feet THENCE at a bearing ofS88:15:33.5E a distance of 1097.16 feet THENCE at a bearing ofSl:49:13.6W a distance of349.29 feet THENCE at a bearing ofS88:50:41.3E a distance of775.57 feet THENCE at a bearing of S 1 :28: l2.3W a distance of 714.86 feet THENCE at a bearing of N86:20:3 7. 7W a distance of 82.35 feet THENCE at a bearing of N88:54: l 0.9W a distance of 1423.22 feet THENCE at a bearing ofSl :36:05.3W a distance of 1002.94 feet THENCE at a bearing of N88:21: 18W a distance of 555.72 feet THENCE at a bearing of S 1:46:44.1 W a distance of 1061.01 feet THENCE at a bearing of S87:47:9.1 E a distance of 184.87 feet THENCE at a bearing of Sl :39:55.7W a distance of207.27 feet THENCE at a bearing ofN88:32:32.5W a distance of 661.74 feet THENCE at a bearing ofNI :24:43.9E a distance of215.36 feet THENCE at a bearing ofN89:00:04.2W a distance of35.7 feet THENCE at a bearing ofNI :32:00.6E a distance of 1059.65 feet THENCE at a bearing ofN88:16: 19.8W a distance of 1381.04 feet THENCE at a bearing ofNl :46:32.1E a distance of 1007.07 feet THENCE at a bearing of N88:02:36.1 W a distance of 1045.88 feet THENCE at a bearing ofNI :49:49E a distance of 148.13 feet THENCE at a bearing ofN88:20:39W a distance of 84.82 feet THENCE at a bearing ofNl :42:05.8E a distance of36.0 feet THENCE at a bearing ofN88:10:22.6W a distance of98.29 feet THENCE at a bearing ofNI:35:54.0E a distance of862.96 feet Contains 208.07 acres of land. Ordinance No. 2010-00096 Exhibit A: CB-3 District BEGINNING at a point which bears west 857.31 feet and north 651.77 feet from Northeast (NE) comer of the Southeast quarter of Section 2 Block 0. THENCE at a bearing of S88:02:36.1 E a distance of 1045.88 feet THENCE at a bearing of S 1 :37:33.9W a distance of334. 71 feet THENCE at a bearing of S I :51 :OOW a distance of 672.36 feet THENCE at a bearing of S88: 16: 19.8E a distance of 1381.04 feet THENCE at a bearing ofS 1 :32:00.6W a distance of 1059.65 feet THENCE at a bearing ofN89:0:4.2E a distance of 35.7 feet THENCE at a bearing of S 1 :24:43.9W a distance of 215.36 feet THENCE at a bearing of S 1 :29:34.4 W a distance of 210.65 feet THENCE at a bearing ofN87:58:58.6W a distance of 152.37 feet THENCE at a bearing ofNl:40:23.7E a djstance of 144.46 feet THENCE at a bearing ofN87:31 :49.0W a distance of 155.48 feet THENCE at a bearing ofN2:42:03.1 E a distance of 89.74 feet THENCE at a bearing ofN88:54:09.8W a distance of 162.41 feet THENCE at a bearing of S 1 :52:51.9W a distance of 40.00 feet THENCE at a bearing ofN88:06:22.4W a distance of 150.00 feet THENCE at a bearing of S 1 :52:51.8W a distance of 72.48 feet THENCE at a bearing of N87:23:57.8W a distance of 197.52 feet THENCE at a bearing of S 1 :52:54.8W a distance of 25.00 feet THENCE at a bearing ofN88:07:05.3W a distance of 124.00 feet THENCE at a bearing ofNI :04:24.7E a distance of 150.56 feet THENCE at a bearing ofN88:21 :42.8W a distance of 186.88 feet THENCE at a bearing ofSI :52:55.7W a distance of382.85 feet THENCE at a bearing ofN88:07:0S.OW a distance of 150.00 feet THENCE at a bearing ofN1 :52:55.7E a distance of378.00 feet THENCE at a bearing ofN88:07:05.5W a distance of 127.20 feet THENCE at a bearing of S67: 16:25.6W a distance of 54 .99 feet THENCE at a bearing of N88:07:03.6W a distance of 152.80 feet THENCE at a bearing ofS 1 :52:55.0W a distance of21.36 feet THENCE at a bearing ofN88:13:53.6W a distance of216.76 feet THENCE at a bearing ofNl :48:55.5E a distance of 50.00 feet THENCE at a bearing of N88: 11 :02.0W a distance of 113.50 feet THENCE at a bearing ofN82:28:22.0W a distance of 50.25 feet THENCE at a bearing ofN87:59:11.4W a distance of 122.50 feet THENCE at a bearing ofSI:48:58.2W a distance of 165.42 feet THENCE at a bearing ofN88:ll:00.5W a distance of 149.50 feet THENCE at a bearing ofNl :48:57.9E a distance of 121 .80 feet THENCE at a bearing ofN15:29:05.3E a distance of 50.67 feet THENCE at a bearing ofS89:34:34.1 W a distance of214.06 feet THENCE at a bearing of NO: 16:59.4E a distance of 1223.57 feet THENCE at a bearing ofNO:S349.0W a distance of345.08 feet THENCE at a bearing ofN0:09:35.3E a distance of662.89 feet Contains 97.8 acres of platted land. Ordinance No. 2010-00096 Exhibit A: CB-4 District BEGINNfNG at a point which bears west 1477.63 feet and north 1022.51 feet from Southeast (SE) comer of Section 1 Block 0. THENCE at a bearing of S 1 :42:24.8E a distance of234.22 feet THENCE at a bearing of S 1 :26:05.0E a distance of 73.06 feet THENCE at a bearing ofS7:47:24.1 W a distance of 25.23 feet THENCE at a bearing ofS7:47:21.8W a distance of56.39 feet THENCE at a bearing of S 10:21:34.1 W a distance of 41.37 feet THENCE at a bearing ofS 14:48: 13.8W a distance of213.68 feet THENCE at a bearing ofS23:09:09.7W a distance of758.85 feet THENCE at a bearing of S24:53:06.8W a distance of 2222.35 feet THENCE at a bearing ofN88:52:44.1 W a distance of283.50 feet THENCE at a bearing ofN1 :59:14.6E a distance of2116.42 feet THENCE at a bearing ofNl :39:55.7E a distance of207.27 feet THENCE at a bearing ofN87:47:09.l W a distance of 184.87 feet THENCE at a bearing of Nl :46:44.1 E a distance of 1061.01 feet THENCE at a bearing ofS88:21:18E a distance of 1654.3 feet Contains 80.39 acres of land. No Text