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HomeMy WebLinkAboutOrdinance - 2017-O0037 - Zone Case 1893-BB - 04/13/2017First Reading March 23, 2017 Item No. 7.8 ORDINANCE NO. 2017-0pp37 Second Reading April 13, 2017 Item No. 7.8 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893 -BB; A ZONING CHANGE FROM A-1 TO A-2 ZONING DISTRICT LIMITED TO A CHURCH AND CHURCH RELATED USES, ON 10.006 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 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 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. 1893 -BB 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 A-1 to A-2 zoning district limited to church and church related uses on 10.006 acres of unplatted land out of Block JS, Section 2, City of Lubbock, Lubbock County, Texas, located at 202 Milwaukee 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 the zone change shall be tied to the proposed site plan. 2. THAT the zone change shall be limited to church and church related uses. 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 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. Q.Y.YeXffl :111111:]" Passed by the City Council on first reading on March 23, 2017 Passed by the City Council on second reading on And] 13_2017 ATTEST: Rebec Garza, City Secretary DANIEL M. POPE, MAYOR Zone Case No. 1893 -BB page - 2 of 3 APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Justin I)!Pr> itt, AsAistant City Attorney rw'CrtyAtt/Jusun• Zones. ZC 1893 -BB March 2, 2017 Zone Case No. 1893 -BB page - 3 of 3 4ri�* AMD ENGINEERING, LLC Metes and Bounds Description on a 10.006 acre (435,861 sq. ft.) tract of land being the same tract of land as described in County Clerk File Number 2016013602, Official Public Records of Lubbock County, Texas, and being out of Section 2, Block JS, Lubbock County, Texas and being more particularly described as follows; Beginning at a nail in asphalt, found near the center of Milwaukee Avenue as described in Volume 1529, Page 955, Deed Records of Lubbock County, Texas, for a corner of that tract described in Volume 6547, Page 322, Real Property Records of Lubbock County, Texas, for the Southwest and beginning comer of this tract, whence the Southwest comer of Section 2, Block JS bears S00°00'42"E, a distance of 1482.34 feet; Thence N00°00'42"W, continuing along said Milwaukee Avenue, a distance of 851.22 feet to a nail and shiner in asphalt, found for the Southwest comer of that tract described in County Clerk File Number 2010034622, Official Public Records of Lubbock County, Texas, and for the Northwest comer of this tract; Thence East, along the South line of said tract described in County Clerk File Number 2010034622, at a distance of 50.00 feet pass a 1/2" iron rod with cap, found, at a distance of 55.00 feet pass a 1/2" iron rod with cap, set, continuing for a total distance of 497.03 feet to a 1/2" iron rod with cap, found for the Southeast comer of said tract described in County Clerk File Number 2010034622, in the West line of said tract described in Volume 6547, Page 322, and for the Northeast comer of this tract; Thence S23°00'00"E, along the West line of said tract described in Volume 6547, Page 322, a distance of 169.51 feet to a 1/2" iron rod, found for a comer of this tract; Thence Southeasterly, continuing along the West line of said tract described in Volume 6547, Page 322 and along the arc of a curve to the right, an arc distance of 197.31 feet to a 1/2" iron rod, found for the end of said curve to the right and for a comer of this tract; said curve having a radius of 491.52 feet, a central angle of 23°00'00", and a chord that bears S 11 °30'00"E, a chord distance of 195.99 feet; Thence South, continuing along the West line of said tract described in Volume 6547, Page 322, a distance of 100.00 feet to a 1/2" iron rod, found for a comer of this tract; Thence Southwesterly, continuing along the West line of said tract described in Volume 6547, Page 322 and along the arc of a curve to the right, an arc distance of 185.80 feet to a 1/2" iron rod, found for the end of said curve to the right and for a comer of this tract; said curve having a radius of 202.78 feet, a central angle of 52°30'00", and a chord that bears S26°15'00"W, a chord distance of 179.37 feet; Thence S52°30'00"W, continuing along said tract described in Volume 6547, Page 322, a distance of 270.00 feet to a 1/2" iron rod, found for a comer of this tract; 2807 74`t' Street, Suite 8 TBPE Reg. # F-9197 Office: (806) 771-5976 Lubbock, Texas 79423 www.amdeng.com Fax: (806) 771-7625 LLij] . AMD ENGINEERING, LLC Thence Southwesterly, continuing along said tract described in Volume 6547, Page 322 and along the arc of a curve to the right, an arc distance of 246.69 feet to a 1/2' iron rod, found for the end of said curve to the right and for a comer of this tract; said curve having a radius of 376.91 feet, a central angle of 37°30'00", and a chord that bears S71°15'00"W, a chord distance of 242.31 feet; Thence West, continuing along said tract described in Volume 6547, Page 322, at a distance of 24.18 feet pass a 1/2" iron rod with cap, set, at a distance of 29.18 feet pass a 1/2" iron rod with cap, found, continuing for a total distance of 79.18 feet to the Point of Beginning. Containing 10.006 acres of land (435,861 sq. ft.) Bearings are based on the West line of Section 2, Block JS as previously recognized as N00°00'42"W. 2807 74h Street, Suite 8 TBPE Reg. # F-9197 Office: (806) 771-5976 Lubbock, Texas 79423 www.amdeng.com Fax: (806) 771-7625