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Home My WebLink AboutOrdinance - 2009-O0070 - Zoning Change Transition T To Garden Office District GO, C-3, A-2. Zone Case3126 - 07/30/2009First Reading July 30, 2009 Item No. 1.2 Second Reading August 13, 2009 Item No. 5.20 ORDINANCE NO. 2009-00070 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3126; A ZONING CHANGE FROM T TO GO, C-3, AND A-2 ZONING DISTRICT ON 39.3 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 20, 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.3126 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 GO, C-3, and A-2 zoning district on 39.3 acres of unplatted land out of Block AK, Section 20, City of Lubbock, Lubbock County, Texas located at Northwest corner of FM 1585 (also known as 130th Street) and Frankford Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT for the C-3 parcel, the Garden Office parcels, and the A-2 tract, a site plan along with proposed building elevations and materials shall be reviewed by the Planning Commission prior to issuance of a construction permit. 2. THAT for the C-3 tract on Frankford Avenue, the developer shall submit an overall curb cut plan to the Planning Commission prior to subdividing any of the tract or a request for a construction permit. 3. THAT for the Garden Office tract on Frankford Avenue, a maximum of one (1) curb return shall be allowed. 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/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 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. Passed by the City Council on first reading this 30th day of July , 2009. Passed by the City Council on second reading this 13thday of August , 2009. ATTEST: CQ Rebecca Garza, City Secretary TO MARTIN, MAYOR Zone Case No. 3126 page - 2 of 3 APPROVED AS TO CONTENT: Randy Henson, Dir ctor of Planning APPROVED AS TO FORM: kad Weaver Assistant City Attorney vw1C i tyAtt/Chad/Zcneslzc3 126 July 7, 2009 Zone Case No. 3126 page - 3 of 3 m;; �fHlb! �iilllH i�f�i�� 1tflHiti\\l 4�flNtilt n, rrrs auuwYuwu{{ w/u/YaYam" / 1 1 No. 1 0 Hawn x\twuuuYYu {wma asaui RUtN!' Y/n{w///x/p ��iut{{ill\w {tiM141' 4lHr."-�i/lil{w{n�" �Hi!{{\l{\a' 'Nt\ Ot{{{1{Y\{n{Yliw\aiafttttNlYLAND SURVEYORS Proposed A-2 Zoning METES AND BOUNDS DESCRIPTION for a zone description of an approximately 12.8 acre tract of land located in Section 20, Block AK, Lubbock County, Texas being further described as follows: BEGINNING at a point in the South line of Section 20, Block AK, Lubbock County, Texas, which bears N. 88013'28" W., approximately 1945.2 feet from the Southeast corner of said Section 20, Block AK; THENCE N. 88013'28"W., along the South line of said Section 20, an approximate distance of 701.7 feet to a point; THENCE N. 01 036'21" E., an approximate distance of 791.9 feet to a point; THENCE S. 88023'39' E., an approximate distance of 704.1 feet to a point; THENCE S. 01 046'32" E., an approximate distance of 794.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Rex Robertson, June 15, 2009 NOTICE: This electronic file is provided for convenience purposes and is a verbatim copy of a certified description retained on file at Hugo Reed and Associates, Inc. In any case of discrepancy, the certified description governs. W�1 ttRflln�f+�f�� :i+iiaatgtl W111Ni1 WiW 0 C HUGO REEO AND ASSOCIATES, INC. FUfHi� �iaa+ui++iieo \aaiuiiaalual l ` f Ordinance1 1 vro•.an+aanar waaantxas• LAN nxmnxa+x+nafwaaxaaaaaaavnnamtmxnv ■ SURVEYORS CIVIL _. 2 _ Proposed G-O Zoning METES AND BOUNDS DESCRIPTION for a zone description of an approximately 2.4 acre tract of land located in Section 20, Block AK, Lubbock County, Texas being further described as follows: BEGINNING at a point in the East line of Section 20, Block AK, Lubbock County, Texas, which bears N. 01032'15" E., approximately 2324.6 feet from the Southeast corner of said Section 20, Block AK; THENCE N. 88017'17"W., an approximate distance of 320.0 feet to a point; THENCE N. 01032'15" E., an approximate distance of 320.0 feet to a point; THENCE S. 88017'17" E., an approximate distance of 320.0 feet to a point in the East line of said Section 20, Block AK; THENCE S. 01 046'32" E., along the East line of said Section 20, Block AK, an approximate distance of 320.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Rex Robertson, June 15, 2009 NOTICE: This electronic file is provided for convenience purposes and is a verbatim copy of a certified description retained on file at Hugo Reed and Associates, Inc. In any case of discrepancy, the certified description governs. 'n"iitiiii =�iiiuiiiii iiii�aia•ii'{i i��uias HUGO REEO AND ASSOCIATES, INC. W�M� `` HlN�%lq�A • NY�N�{if� µ� 41i0•' 1f{LH{N{�' Y�{fa{{{N{{i• Ns! Ordivance No.2009-00070 nae.nnwarrraeua.m...wa...uaaaaaaaaanasm LAN ■ SURVEYORS CIVIL ENGINEERS Proposed G-O Zoning METES AND BOUNDS DESCRIPTION for a zone description of an approximately 7.4 acre tract of land located in Section 20, Block AK, Lubbock County, Texas being further described as follows: BEGINNING at a point in the South line of Section 20, Block AK, Lubbock County, Texas, which bears N. 88013'28" W., approximately 941.2 feet from the Southeast corner of said Section 20, Block AK; THENCE N. 88013'28' W., along the South line of said Section 20, an approximate distance of 1004.0 feet to a point; THENCE N. 01 046'32" W., an approximate distance of 320.0 feet to a point; THENCE S. 88013'28" E., an approximate distance of 1004.0 feet to a point; THENCE S. 01 046'32" W., an approximate distance of 320.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Rex Robertson, June 15, 2009 NOTICE: This electronic file is provided for convenience purposes and is a verbatim copy of a certified description retained on file at Hugo Reed and Associates, Inc. In any case of discrepancy, the certified description governs. E'^�'�rii:S:.:.ii::=�ve�,�..,__�.. AND 'iiuii+iiiiiiiiiiir.rtii'.i%� i i; ;,; ;ms�wiirtnsa+irriiiriiarsr'iuiiarmnart.rt+rrt.r+iiurtirrr+iiri+mrtrr.rtu��mpiirtinuurraunsnrrr+m.+x nxs�• 1 1 • r nis+ini■i _ _ii�rrsrrirtii+� • . SURVEYORS CIVIL !. Proposed C-3 Zoning METES AND BOUNDS DESCRIPTION of a zone description of an approximately 16.7 acre tract of land located in Section 20, Block AK, Lubbock County, Texas being further described as follows: BEGINNING at the Southeast corner of Section 20, Block AK, Lubbock County, Texas; THENCE N. 88013'28" W., along the South line of said Section 20, an approximate distance of 941.2 feet to a point; THENCE N. 01 046'32" E., an approximate distance of 518.8 feet to a point; THENCE S. 88027'45" E., an approximate distance of 482.0 feet to a point; THENCE N. 01046'32" E., an approximate distance of 523.7 feet to a point; THENCE S. 88027'45" E., an approximate distance of 454.8 feet to a point in the East line of said Section 20, Block AK; THENCE S. 01032'15" W., along said East line, an approximate distance of 1046.4 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Rex Robertson, June 15, 2009 NOTICE: This electronic file is provided for convenience purposes and is a verbatim copy of a certified description retained on file at Hugo Reed and Associates, Inc. In any case of discrepancy, the certified description governs. THE STATE OF TEXAS KOJ U' (rl t � COUNTY OF LUBBOCK Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this day personally appeared Mary Elizabeth George of the Southwestern Newspaper Corporation, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice No. at Lubbock County, Texas and the attached printed copy of the Legal Notice LUBBOCK AVALANCHE -JOURNAL Morris Communication Corporation is a true copy of the original and was printed in the Lubbock 21. 1 OnS 5l 5z, �n PTYS. (a ?'6. /5 Z ""I'l / 14 NOTARY P IC in and for the State of Texas my commission Expires 4128/2012 Subscribed and sworn to before me this 'Z �(W day of WENDY J. KN OX FORM 58-10 +_,`.. NOTARY PUBLIC `•._ _......��; State Of Texas Comm. 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