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HomeMy WebLinkAboutOrdinance - 2020-O0080 - Zone Case 2538-JFirst heading May 26, 2020 Item No. 8.4 ORDINANCE NO. 2020-00080 Second leading June 9, 2020 Item No. 8.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF '['HE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: 'LONE CASE NO. 2538-.I; A ZONING CHANGE FROM R-1 TO I1-2 ZONING DISTRICT AT 8931 19" STREET, LOCATED WEST OF INLER AVENUE ON THE SOUTH SIDE OF 19"11 STREET, ON 64.9825 ACRES OF LAND OUT OF BLOCK D-6, SECTION 6, 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 Coll Ile II found that clue to changed conditions, it would be expedient and ill the interest of the public health, sai'ety and general welfare to make (]lose 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 pub€fished in the Lubbock Avalanche -Journal more than fifteen [15] days prier to the date of the public hearing before the City Council oil such proposed anlctldnlcrit, and the public nearing 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 till: Zoning Map be amended in the manner hereinalter set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE: BE IT ❑RDAINIA) BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.2538-J 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 from R-1 to R-2 zoning district at 8931 1911' Street, lornted N►rest of Inier Avenue on the south side of 19" Street, on 64.9825 .acres of land out of Block D-6, Section 6, City of Lubbock, Lubbock County, 'I'exas. and being lurther 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 fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock. SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be afl'oeted thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND 1T IS SO ORDERED. Passed by the City Council on first reading on May 26, 2020 Passed by the City Council on second reading on June 9, 202 — �—J �� ATTEST: Rebe ca Gatza, City Sec t APPROVED AS TO CONTENT: Bryan lshnm; Director of Planning APPROVED AS TOO �FORM: I D�j�llivtK. Ili Leisure, Assistant City Attorney vw/cityuWKelll/7`oneCase/ZC2538-J May 7, 2020 DANIEL M. POPE, MAYOR Zone Case No. 2.Jd-/ Page - 2 �Ge0r uax � e•3•L :.l.° 2�� .rum,. _________ .l9eryV wmvaumx rxr zorN.vna ' SWn L'u 4e ,1Rm v �m wm w aw er.,.wun.. ��v:r• xm � ,c,.�° acr w aur• m. a �'xrn en°•-a-un uden"w T ®°• avn i c n a mur ox•,gmn uv �n m°ia•ra ®n,r�x.runar.s y�uu . .. .um �rvo.. nr�.®em a.m.�a ma •.mu <`%'�ux an® u.�a.a..smn. S V X31'Almnoa NJOHe(19 bti'ONJ V HJ 'A3.SNfIS N0 IMS V SV..B '9U NJO98 `9 NOIJD3S to l9Yn 33V331UM lJVtl13NJV RYL'I Y ONV AJ 343V Z0610Y 'ONYI IO SCUtl Yd O.NL fO AiiYOS � Kfi601-1 ll3t_ll__$__M__l_S_Z_ N 1 am s Er ....°. ®...m..�e.�.e .__---__z verw...s u a � � a9o.oesr s-e] Acrar-x] .<AtOr-1 ae amr SiNJV ZB61'C9 u .i6'eo6-a H 8 0 � z ' m rf b`w P � rf 6�1 u3eus_iuoz' k -----------; S33 vmcl .l6"KZ .33�YLL. 0 ,m ._._. _.__.. -- 1 �x0 ^.'�"xM� i3.11.1IH3'S Description."Tract A" A 63.1982 acre tract of land located in the East Half (E/2) of Section 6, Block D-6, Brooks and Burleson Survey, Abstract Number 880. Lubbock County, Texas, and being situated within and a portion of that certain tract of land conveyed to HWY 179, LTD. described as •'I7act I - and all of that certain tract of land described as "Tract 2" in a General Warranty Deed recorded in Volume 10145, Page 346, and all of that certain 0.19 acre tract of land conveyed to I I WY 179, LTD. described in a General Warranty Deed recorded in Volume 10394. Page 34. Official Public Records of Lubbock County, Texas, said 63.1982 acre tract, hereinafter referred to as "Tract A", being further described by metes and bounds as follows: BEGINNING at a I/2" iron rod with a cap marked "AMD ENG" set in place of a 12" iron rod with a cap marked "WSCI" found bent at the intersection of the east right-of-way line of the West Texas and Lubbock Railroad, as described in Volume 6182, Page 346 ofthe Real Property Records of Lubbock County, Texas, and the south right-of-way line of State Highway 114, also known as 19'h Street, as described in Volume 181, Page 214 and Volume 491, Page 47 of the Deed Records of Lubbock County, Texas, at the northwest corner of said 0.19 acre tract for the northwest corner of this said Tract "A" and having coordinates of Northing: 7,274,815.61 and Easting: 897,482.48 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence the northeast corner of said Section 6 bears N. 010 48' 46" E. a distance of 65.00 feet and S. 880 11' 14" E. a distance of 2465.72 feet, as calculated from calls in said railroad right-of-way deed; THENCE S. 880 1 V 14" E, along said right-of-way line of State Highway 114, a distance of 911,41 feet to a 1/2" iron rod with a cap marked "HRA" found at the northwest corner of that certain 2.0 acre tract of land described in a Warranty Deed recorded in Volume 4730, Page 67 of the Real Property Records of Lubbock County, Texas, for the most northerly northeast corner of this said "Tract A"; THENCE S. 010 5 V 08" W. a distance of 370.84 feet to a 1/2" iron rod found at the southwest comer of said 2.0 acre tract for an ell comer of this said "Tract A"; THENCE S. 880 11' 59" E. a distance of 234.91 feet to a 1/2" iron rod with a cap marked ••WSCI" found at the southeast comer of said 2.0 acre tract for the most easterly northeast corner of this said "Tract A": THENCE S. 010 51' 30" W., along the west line of an alley and the west plat limits of Energy Circle, Lots I thm 40, an addition to Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1835, Page 129 of the Deed Records of Lubbock County, Texas, at a distance of 1869.46 feet pass a 1/2" iron rod found at the end of said alley, continuing at a distance of 2204.38 feet pass a 1/2" iron rod with a cap marked "HRA" found at the southeast corner of said plat limits of Energy Circle, same being the northwest corner of that certain 11.16 acre tract of land described in a Warranty Deed recorded in County Clerk's file number 2010001381 of the Official Public Records of Lubbock County, Texas, continuing for a total distance of 2359.76 feet to a 1/2" iron rod with a cap marked "HRA" found in the north right- of-way line of the West Texas and Lubbock railroad, as described in Volume 99, Page 459 of the Deed Records of Lubbock County. Texas, at the southwest comer of said 11.16 acre tract and the southeast corner of this said "Tract A", having coordinates of Northing: 7,272,050.90 and Easting: 898,539.46 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone; THENCE N. 700 19' 00" W.. along said railroad right-of-way line, a distance of 540.93 feet to a 1/2" iron rod with a cap marked "WSCI" found at a point of intersection at the southeast corner of that certain 8.71 acre right-of-way parcel for the West Texas and Lubbock Railroad described in Volume 6254, Page 30 of the Real Property Records of Lubbock County, Texas, for a corner of this said "Tract A'; THENCE N. 65' 25' 14" W. a distance of 103.01 to a 12" iron rod with a cap marked "WSCI" found at a point of intersection in the northeasterly right-of-way line of said railroad for a comer of this said "Tract A"; THENCE northwesterly, along a curve to the right and said railroad right-of-way line, an arc distance of 1049.59 feet, said curve having a radius of 904.93 feet, a delta angle of 660 27' 17", a chord distance of 991.73 feet and a chord bearing of N. 310 13' 29" W., to a 1/2" iron rod with a cap marked "WSCI" found at a point of tangency in the east right-of-way line of said railroad for a comer of this said "Tract A'; THENCE N. 020 00' 10" W., along the east right-of-way line of said railroad at a distance of 1482.82 feet pass the northeast corner of said right-of-way in Volume 6254, Page 30, same being the southeast corner of said right-of-way in Volume 6182, Page 346, and the southwest comer of said 0.19 acre tract, continuing for a total distance of 1691.66 feet to the Point of Beginning. Bearings are based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. Distances are at surface, in U.S. Survey feet. Description, "Tract B" A 1.7843 acre tract of land located in the East Half (E/2) of Section 6, Block D-6, Brooks and Burleson Survey, Abstract Number 880, Lubbock County, Texas, and being situated within and a portion of that certain tract of land conveyed to HWY 179, LTD. described as "'tract I" in a General Warranty Deed recorded in Volume 10145, Page 346, and all of that certain 0.33 acre tract of land conveyed to HWY 179. LTD. described in a General Warranty Deed recorded in Volume 10394, Page 34, Official Public Records of Lubbock County, Texas, said 1.7843 acre tract, hereinafter referred to as "Tract B", being further described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with a cap marked "AMD ENG" set in the south right-of-way line of State Highway 114, also known as 190' Street, as described in Volume I81. Page 214 and Volume 491, Page 47 of the Deed Records of Lubbock County, Texas, for the northwest comer of said 0.33 acre tract and this said "Tract B", having coordinates of Northing: 7,274,820.93 and Easting: 897.314.26 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence the northeast comer of said Section 6 bears N. 01° 48' 46" E. a distance of 65.00 feet and S. 88' 11' 14" E. a distance of 2633.95 feet, as calculated from calls in that certain railroad rightoFway deed recorded in Volume 6182, Page 346 of the Real Property Records of Lubbock County, Texas; THENCE S. 88° I I' 14" E, along said right-of-way line of Slate Highway 114, a distance of 68.23 feet to a 1/2" iron rod with a cap marked "AMD ENG" set in the west right-oFway line of the West Texas and Lubbock Railroad, as described in said railroad right-of-way deed, Volume 6182, Page 346, for the northeast comer of said 0.33 acre tract and this said "Tract B'; THENCE S. 020 00' 10" W., along said railroad right-of-way line at a distance of 208.86 feet pass a 1/2" iron rod with a cap marked "WSIC" found in the south line of said right-of-way at the southeast comer of said 0.33 acre tract, continuing along the west right-of-way of said railroad, as described in a right-of-way deed recorded in Volume 6254, Page 30 of the Real Property Records of Lubbock County, Texas; for a total distance of 835.29 feet to a 1/2" iron rod with a cap marked "WSIC" found a( a point of intersection for a corner of this said "Tract B"; THENCE S. 07' 42' 04" W., along said railroad right-of-way line, a distance of 325.32 feet to a I/2" iron rod with a cap marked "WSIC" found at a point of intersection furs corner of this said "Tract B'; THENCE southwesterly, along a curve to the right and said railroad right-of-way line, an are distance of 183.67 feet, said curve (raving a radius of 904.93 feet, a delta angle of I 1 ° 37' 45", a chord distance of 183.36 feet and a chord bearing of S. 130 20' 06" W., to a 1/2" iron rod with a cap marked "AMD ENG" set for the south corner of (his said "Tract B"; THENCE N. 02' 00' 26" E.. along the west line of said "Tract 1"at a distance of 1129.69 feet pass a I/2" iron rod found at the southwest comer of said 0.33 acre tract, continuing for a total distance of 1338.56 feet to the Point of Beginning. Bearings are based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. Distances are at surface, in U.S. Survey feet.