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HomeMy WebLinkAboutOrdinance - 2020-O0006 - Zone Case 2011-G - 01/28/2020 First Reading Second Reading January 14, 2020 January 28, 2020 Item No. 7.3 Item No. 7.6 ORDINANCE NO. 2020-00006 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2011-G; A ZONING CHANGE TO A-2 FROM M-1 ZONING DISTRICT AT 4501 MILWAUKEE AVENUE, LOCATED NORTH OF 50TH STREET AND EAST OF MILWAUKEE AVENUE, ON 1.413 ACRES OF TRACT A-1, CITY VIEW CAMPUS; TRACT OF LAND NORTH OF 50TH STREET AND EAST OF MILWAUKEE AVENUE, ON 13.127 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 37, 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 mance those proposed changes in zoning; and WHEREAS, the 2040 Future Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and the 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 2040 Future Land Use Plan, which protects the 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 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 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. 2011-G SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock to A-2 from M-1 zoning district at 4501 Milwaukee Avenue, located north of 50'11 Street and east of Milwaukee Avenue, on 1.413 acres of Tract A-1, City View Campus; Tract of land north of 50" Street and east of Milwaukee Avenue, on 13.127 acres of unplatted land out of Block AK, Section 37, City of Lubbock, Lubbock County, Texas, and being further described as follows: 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 nine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 40.01.006 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 January 14, 2020 Passed by the City Council on second reading on January 28, 2020 L-1-- DANIEL M. POPE, MAYOR ATTEST: dD Rebe ca Garza, City Secreta y Zone Case No. 2011-G Page - 2 APPROVED AS TO CONTENT: -ML�'� Bryan Is , irector of Planning APPROVED AS TO FORM: elli Leisure, Assistant City Attorney vw/cityatt/Kel I i/Z.oneCase/7 C201 1-G December S. 2019 Zone Case No. 2011-G Page-3 Delta Land Surveying, LLC )1 3307 82,d Street, Suite J Lubbock, TX 79423 806-701-5707 13E117, ;`x www.deltalbk.com LAND SURVEYING Metes and Bounds description of a 14.54 Acre tract of land, being a portion of those tracts described in County Clerk File Number(CCFN) 2018009163, Official Public Records, Lubbock County,Texas(OPRLCT) as Tract"A-1",of Tracts"A-1"Thru "A-4",a Replat of Tract"A",City View Campus,an Addition to the City of Lubbock, Lubbock County,Texas, also recorded in CCFN 2017011315, OPRLCT, and a 13.127 acre tract referred to as Tract II in said CCFN 2018009163,OPRLCT,and out of Section 37, Block AK, Lubbock County,Texas, being more particularly described as follows: Beginning at found 1/2" iron rod with yellow cap(HRA), in the south line of a 14.05 acre tract of land described in CCFN 2009036369,OPRLCT,for the Northeast corner of said Tract"A-1",City View Campus, and for the Northernmost Northwest corner of this tract,whence a found 1/2" iron rod with yellow cap (HRA),for the Northwest corner of said Tract"A-1"City View Campus bears N72°08'00"W,799.96 feet; Thence S72°08'00"E,leaving said Tract"A-1", City View Campus,and with the South line of said 14.05 acre tract, 559.01 feet,to a found 1/2" iron rod with yellow cap(HRA),for the Northwest corner of Tract "A",Anatole at City View, an Addition to the City of Lubbock, Lubbock County,Texas, recorded in CCFN 2012015186,OPRLCT, and for the Northeast corner of this tract,whence a found 1/2" iron rod with yellow cap (HRA), for the Northeast corner of said Tract"A" Anatole at City View bears S72'08'00"E, 623.44 feet; Thence S17°52'00"W, leaving said 14.05 acre tract,and with the West line of said Tract"A",Anatole at City View,at 586.42 pass a found 1/2" iron rod with yellow cap(HRA),for the Southwest corner of said Tract"A",Anatole at City View, and for the Northwest corner of Tract"B",Anatole at City View,as recorded in CCFN 2014004040, OPRLCT,continuing with the West line of said Tract"B",Anatole at City View,for a total distance of 790.50 feet to a found 2"Steel Fence Post, in the North line of Tract"B"of the Amending Plat of Tracts"A" and "B",The Esplanade as recorded in CCFN 2015032561, OPRLCT,for the Southwest corner of said Tract"B",The Anatole at City View,and for the Southeast corner of this tract,whence a found 1/2" iron rod with yellow cap(HRA),for the Southeast corner of said Tract"B" The Esplanade bears 572°08'00"W, 660.93 feet; Thence N72°08'00"W,with the North line of said Tract"B"The Esplanade, at 931.34 feet pass a found 1/2"iron rod for the Northwest corner of said Tract"B"The Esplanade,and the Northeast corner of said Tract"A",The Esplanade,continuing with the North line of said Tract"A",The Esplanade for a total distance of 1000.31 feet to a set"X" in concrete for the Southwest corner of this tract,whence a found "X"for the Northwest corner of said Tract"A",The Esplanade bears N72'08'00"W, 227.98 feet; Thence N17'52'00"E, leaving the North line of said Tract"A",The Esplanade, at 190.37 feet pass a found 1/2"iron rod with yellow cap(HRA)for the Southeast corner of said Tract"A-4",City View Campus, continuing for at total distance of 200.61 feet to a found 1/2"iron rod with yellow cap(HRA), in the South line of 46th Street as shown on said Tracts"A-1"Thru"A-4",a Replat of Tract"A",City View Campus,for the Northeast corner of said Tract"A-4",and for a corner of this tract; Texas License Firm Number 10194496 Delta Land Surveying, LLC ) 1 3307 82nd Street, Suite J Lubbock, TX 79423 806-701-5707 D W' ;`� www,deltaibk.com LAND SURVEYING Thence S72°08'00"E,with the South line of said 461h Street,75.36 feet to a set 1/2" rod with blue cap marked DELTA RPLS 6684,for a corner of this tract; Thence continuing with said 46th Street, in a Northeasterly direction,with the arc of a curve to the left, 183.68 feet to a set 1/2" rod with blue cap marked DELTA RPLS 6684,for a corner of this tract,said arc having a radius of 50.00 feet,a delta angle of 210°29'11",a chord bearing of NO2°37'49"E, and a chord distance of 96.48 feet; Thence N17'52'00"E, 166.90 feet,to a set 1/2"rod with blue cap marked DELTA RPLS 6684,for the Westernmost Northwest corner of this tract; Thence S72°08'00"E,391.30 feet,to a set 1/2" rod with blue cap marked DELTA RPLS 6684, in the West line of said Tract"A-1", City View Campus,and for a corner of this tract; Thence N17°52'00"E,with the West line of said Tract"A-1", City View Campus,329.90 feet to the Point of Beginning. Bearings are based on the South line of said Tracts "A-1"Thru "A-4",A Replat of Tract"A" City View Campus, being previously recognized as N72°08'00"W Distances are actual surface distances. Delta Land Surveying Project No. 19217 OF Date:October 24, 2019 ADAM N. LIGHT ..Y .................. .. .. 3 �q9°mess o�0� ~�SURV� A m N. Light Registered Professional Land Surveyor No. 6684 Texas License Firm Number 10194496 ArAom•laiapm-kw—V i0lo ar vy]!LL NaB[uY+rmn ANnoo N]ptiani uari«sae.ri ac«rs>"u wpnco NOOEMI-I d0 A110 3H1 NOd 9fB4't[Lspe w,oy Jll bwwuGu3 prry DNI aanansusri 1191HX3 NP .1 NOIIVOIlddV 30WHO 3NOZ SNp4aN]L 3aYp 'e Y I x P qa 7 5 P a 'ap Y�F. tlp E3�N �o 3 •Fig �G3 yd� p�Rav " 9:,:i•a�,l -Y2 j'. I .,X ~ �A eB Y 31YM11R I