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HomeMy WebLinkAboutOrdinance - 2008-O0025 - Amending Zoning Ordinance: Case NO. 3103; 4.16 Acres Of Unplatted Land - 02/28/2008First Reading February 28, 2008 Item No. 6.4 ORDINANCE N0._--=2=-=0:...:::.08.:::...-o-"-"'-00=2=5- Second Reading March 13, 2008 Item No. 4.11 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3103; A ZONING CHANGE FROM T TO C-2 ZONING ON 4.16 ACRES OF UNPLATTED LAND OUT OF SECTION 16, BLOCK E-2, 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 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 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 Ordinances and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE: BE IT ORDAJNED BY THE CITY COUNCll.., OF THE CITY OF LUBBOCK: ZONE CASE NO. 3103 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 C-2 zoning district on 4.16 acres of unplatted land out of Section 16, Block E-2 Lubbock, Lubbock County, Texas located at 10108 Quaker A venue, 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 tract shall be limited to two (2) curb returns on Quaker Avenue. 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 this 28th day ofPebruary, 2008. Passed by the City Council on second reading this 13th day of March , 2008. ATTEST: APPROVED AS TO FORM: ~c:::;;V~~~ Linda L. Chamales, Senior Attorney Office Practice I vw/CCDOCS/CITY A TT/UNDA/z.c31 03 February II, 2008 __ /::::>-_~A'..,-' -. DAVID A. MILLER, MAYOR Zone Case No. 3103 page-2 of2 A.Wey, McOanief & Dulin, LP Rezone to C-2A 0 CML ENGINEERING LAND PLANNING Ordinance No. 2008-00025 METES AND BOUNDS DESCRIPTION OF A 4.160 ACRE TRACT OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK COUNTY, TEXAS AND PREPARED FOR ZONE CHANGE PURPOSES ONLY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A 1/2" IRON ROD AND CAP FOUND IN THE WEST LINE OF A 2.873 ACRE TRACT, AS RECORDED IN VOLUME 3685, PAGE 135, OFFICIAL REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS, FOR THE NORTH-NORTHEAST AND BEGINNING CORNER OF THIS TRACT, WHICH BEARS N89°59'17"W, A DISTANCE OF 330.00 FEET AND S00°14'17"E, A DISTANCE OF 875.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 16, BLOCK E-2, LUBBOCK COUNTY, TEXAS; THENCE S00°14'1 7"E, ALONG THE WEST liNE OF SAID 2.873 ACRE TRACT A DISTANCE OF 165.00 FEET TO A 112• IRON ROD AND CAP FOUND FOR THE SOUTHWEST CORNER OF SAID 2.873 ACRE TRACT AND FOR A CORNER OF THIS TRACT; THENCE S89.59'17"E, ALONG THE SOUTH LINE OF SAID 2.873 ACRE TRACT A OIST ANCE OF 315.98 FEET TO A 112· IRON ROD AND CAP FOUND FOR THE SOUTHEAST CORNER OF SAID 2.873 ACRE TRACT AND FOR A CORNER OF THIS TRACT; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE LEFT, THE WEST RIGHT -OF·WAY LINE OF SAID QUAKER AVENUE, AN ARC DISTANCE OF 232.75 FEET TO A 1/2" IRON ROD AND CAP FOUND FOR THE END OF SAID CURVE AND FOR A CORNER OF THIS TRACT, SAID CURVE HAVING A RADIUS OF 655.00 FEET, A CENTRAL ANGLE OF 20°21'35" AND A CHORD THAT BEARS S09.56'29'W, A DISTANCE OF 231.53 FEET; THENCE S00°14'17"E, ALONG THE WEST RIGHT-OF-WAY LINE OF SAJD QUAKER AVENUE, A DISTANCE OF 114.95 FEET TO A 1/2" IRON ROD AND CAP SET FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE N89°59'17"W, A DISTANCE OF 440.00 FEET TO A 1/2" IRON ROD AND CAP SET FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N00°14'17"W A DISTANCE OF 508.00 FEET TO A 1/2" ROD AND CAP FOUND FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE S89.59'17"E, A DISTANCE OF 165.00 FEET TO THE PLACE OF BEGINNING. CONTAINING 4.160 ACRES. BEARINGS BASED ON THE EAST LINE OF SECTION 16, BLOCK E-2 AS BEING S00.14'17"E PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Texas Mutual Insurance Company January 17, 2008 LAND SURVEYORS CIVIL ENGINEERS ("~ '-• c HUGO REED AND ASSOCIATES, INC. 1101 Annue HI Lubbock, Teua 79401 I 806/?83-SUZ I fAX 8081713·3191 Ordinance No. 2008...00025 PROPOSED IHC ZONING METES AND BOUNDS DESCRIPTION for the plat limits of an approximately 5.3 acre tract of land located in Section 30, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 30, Brock AK, Lubbock County, Texas, which bears West. approximately 678.2 feet from the Northeast corner of said Section 30, Block AK, same being the Southeast corner of this tract; THENCE West, along the South line of said Section 30. Block AK, an approximate distance of 636.5 feet to the Southwest corner of this tract; THENCE North, an approximate distance of 445.0 feet to the Northwest corner of this tract; THENCE East, an approximate distance of 170.0 feet to a corner of this tract; THENCE S. 45°00'00" E., an approximate distance of 176.8 feet to a corner of this tract; THENCE East, an approximate distance of 340.8 feet to the Northwest corner of Tract A, Playa Vista, an addition to the City of Lubbock, Lubbock County! Texas, and the Northeast corner of this tract; THENCE South, along the West line of said Tract A, Playa Vista, an approximate distance of 265.0 feet pass the Southwest corner of said Tract A, Playa Vista, continuing for an approximate total distance of 320.0 feet to the Point of Beginning. Prepared for 98th and Quaker, Ltd. January 8, 2008 Tt1E .~TATEOFTEXAS {/fl;u..MC;~ ~TY OF LUBBOCK sirorJ me Alan C. Weems No. printed copy of the ~e Sales Manager ~S~CK AVALANCHE-JOURNAL ~n~Communication Corporation ~6;pbr· Sisb~ribed and sworn to before me this NOTARY PUBLIC in and for the State of Texas my commission Expires 5n/2011 ____ 7.-.W\ _____ day of AlAN C WEEMS Notary Public, State of Texas My Commission Expires May 07, 2011