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HomeMy WebLinkAboutOrdinance - 2012-O0113 - Ordinance Making Change: Case 3188; Church Related Uses; Church On The Rock Addt - 09/27/2012First Reading September 27, 2012 Item No. 6.4 ORDINANCE NO. 2012-00113 Second Reading October 11, 2012 Item No. 5.26 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3188; A ZONING CHANGE FROM T TO A-2 ZONING DISTRICT LIMITED TO CHURCH AND CHURCH RELATED USES ON TRACT A, CHURCH ON THE ROCK ADDITION AND APPROXIMATELY 1.037 ACRES OF UNPLATTED LAND, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SA VINOS CLAUSE AND I PROVIDING FOR PUBLICATION. I 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 40.01.005 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 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 Chamber of the Municipal Building, Lubbock. Texas. at which time persons appeared in support of the proposal; and after said hearing. it ,vas 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 lirst reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3188 SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map arc amended as follows: A change of zoning under the provisions of Section 40.0 l .005 of the Code of Ordinances of the City of Lubbock from T to A-2 zoning district limited to a church and church related uses on Tract A, Church on the Rock Addition and approximately 1.037 acres of unplatted land, City of Lubbock, Lubbock County. Texas, located at 10503 Slide Road, subject to conditions. and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A" SUB.JECT TO TIIE FOLLOWIN(, CONDITIONS: I. Tl-IA Ta gate is required along with a "privak access" sign, to Jim it access to a curb cut for the church parcel from IO(i th Street to Slide Road. The gate shall be open on Sunday only. The gate and adjacent h.'lll'C shall be constructed within thirty (30) days of October 11, 2012. SFC'TIO · 2. ll 1/\T violation of any provision of this Ordinancl' shall be dccml·d a misdemeanor punishable by fine not to l'XC\.".cd ·1\:vo Thousand and Noll 00 Dollars ($2.000.00) as provided 111 S\.".ctio11 40.01.006 or the Zoning Ordi1rnrn.:L' or the City or Luhbo\.".k. SECTION 3. THAT should any paragraph. sentence. clause. phrase or word of this Ordinance bL' declared unconstitutional nr in,·alid for any rl·:1son. 1he remainder nr this Ordinance shall no\ be affcc1cd thereby. Sl·:CTION 4. Tl-1/\T the City Secretary is hereby autllllri1.l'd to c~1use publil'ution or the dcsniptivl' caption or this Ordinanee as an a!tcrnutiw 111cthud pruvidcd by luw. /\ND IT IS SO ORDERED. Passed bv the Citv Council on first rcadino on September 27, 2012 r,/ ... e, Passed by the City Council on second reading tlll October 11, 2012 ATTEST: /\PPROVl;I) .'\S TO CONTENT: Zone Case No. 3188 f',l:SI..' -] ((/ J APPROVED AS TO FORM: a~ Chad Weaver Assistant City Attorney vw/CityAtt/Chlld/Zones/ZCl l 88 (Amended) Se)ltc:mber 6, 2012 Zone Case No. 3/88 page-3 ofJ Ordinance No. 2012-00113 ENGINEERING SUflVEYING ;?i':1/ tJ Ii, I :•; IHf:E i t.UfJBOCI<. IFXAS /~M2:1 (IJOt>) 745 lf5i'O Attachment A ll ,, ,I :1 FIELD l~(Hf.S on a 1 03/ .Acre Tract out of Sect101· lG, Btoc-< E·2. lt,bb~c•. Go1.;nty, l exa:: :>~•ng further described as follows Beginning at a found rod with yeliow cap at the Southwest corner of the Plat Luwls or Sunml~Ji:l Additior.. Lots 67-106, as recorced in Volume 6251 Page 27! Lubbock County Real Property Records. also being the Southeast corner of Tract A. Cllurch on the Rock Addition as recorded in Volume 7197. Page 287 for tho Northeast corner of this tract; THENCE S 01 '41'46" W (Texas North Central Zone Bearing Basis). 43.35 feel to tt1e most Easterly So~Jtheast corner of this tract which is in ,the North line of 106:· Street: THF:NCE N 8 h:i;n lJ' \V 1\ 111' tho North line of 1 Otir' S!reet 236 0'3 feel to tl·e start on a Ct::ve fHENCE SoJUw,es:erl; 1.·:1tl· a c.,rve ~o U:e left :,a·, r,g a rad11.;s of 71 00 feet. a cer.1·al u: 00·3.i 40-' ar.d a chord bearing of S 62'02'2; • \N a chord distance of 71 G2 feet fH::NCE N 8 7 .:.12 19· \ 'I ·.\1:h the North I re of an alley, 1-!G 89 feet to a point 1:1 the E:ast line :ne tract described in \/ok1ne 9596 Page 255 Lubbock County Official Public Records(LCOPR) w11icl1 is also the Northwest corner of lne Plat Limils or Suncrest Villas Addition for a co·ner of this tract: fHENCE NO 1 • 43'oJ · I:. w1111 the E:ast line of Ule tract descnoed in Volume 9596. Page 255. LCOPR. 16.70 feet to a point 1n the South line of an Overhead Power line Easement recorded in Volume 844, Page 485, Lubbock County Deed Records for a corner of this tract; THENCE N a7•42•19" W. with the South line of the said Easement,366.08 feet lo a point in the East R-0-W line of Slide Road for the most Westerly Southwest corner of this tract: THENCE N 01 '43'53" E. with the East R-0-W line of Slide Road, 55.24 feet to the Northwest corner of this lract: THENCE S 88'14'05" E. with the South line of Traci A, Church on the Rock Addition. 811.15 feet lo the PLACE of BEGINNING and containing 1.037 acres including any Right-of-Way. These notes are based on a survey made on the ground and is prepared for Zone Change Purposes only. J. M. Cieszinski, RPLS # 4460 September 6. 2012 ) / I/, i I " I .,, ' /"/.> f -"'"" ' / Return to: THE STATE OF TEXAS § § · COUNTY OF LUBBOCK § CllY OF LUBBOCK PLANNING DEPARTMENf P.O. BOX 2000 WBBOCK, TEXAS 79451 2 r:t::?t;. .,,.) • ....,J, .......... DEDICATION DEED Attachment A Vl'.ll 7197PAcr287 THAT Lubbock Church on the Rock, Inc., a Texas Corporation, of the County of Lubbock, State of Texas, is the owner of the following described property located in Lubbock County, Texas, to wit: A TRACT OUT OF SECTION 16, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FURTHER DESCIUBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE- FOURTH OF SECTION 16, BLOCK E-2, LUBBOCK COUNTY, TEXAS; THENCE N. 0° 03' 27" W., WITH THE WEST LINE OF SECTION 16,500 FEET TO THE NORTHWEST CORNER OF THIS TRACT; THENCE S. 89° 59' 09n E., AT 55 FEET PASS A FOUND ROD WITH YELLOW CAP, IN ALL 871.3 FEET TO A FOUND SPIKE NAIL FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S. 0° 01' 16" E., 499.73 FEET TO A FOUND ROD WITH YELLOW CAP FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE S. 89° 59' 47" W., AT 815.98 FEET PASS A FOUND 5/a" ROD, IN ALL 870.98 FEET TO THE PLACE OF BEGINNING AND CONTAINING 10.00 ACRES INCLUDING ANY IUGHT-OF-WAY. THAT Lubbock Church on the Rock, Inc., a Texas Corporation, for a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby adopt the plat attached hereto, said plat prepared by Jonathan Mark Cieszinski, Registered Professional Land Surveyor, designating the herein above described property as Tract A, Church on the Rock Addition to the City of Lubbock, Lubbock County, Texas, and does hereby impress the said name Tract A, Church on the Rock Addition to the City of Lubbock, Lubbock County, Texas, upon said property for the