HomeMy WebLinkAboutOrdinance - 2014-O0137 - Zone Case 3234 - 10/09/2014First Reading Second Reading
September 25, 2014 October 9, 2014
,Item No. 7.1 Item No. 5.13
ORDINANCE NO. 2014-00137
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3234; A ZONING CHANGE FROM T TO C-2 AND
R-1 ZONING DISTRICT ON 30.06 ACRES OF UNPLATTED LAND OUT OF
BLOCK AK, SECTION 19, 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, the 1986 Comprehensive Land Use Plan as amended is a guide to
help the Lubbock Planning and Zoning Commission and 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 1986 Comprehensive Land
Use Plan as amended, which protects 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 compiled 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 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. 3234
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 T to C-2 and R-1 zoning district on
30.06 acres of unplaited land out of Block AK, Section 19, City of Lubbock,
Lubbock County, Texas located at north of 130"' Street and west of 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 there shall be no curb cuts along Milwaukee Avenue. The
commercial tracts shall have access from the proposed cast west
street.
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 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 September 25, 2014
Passed by the City Council on second reading on Octnher o 7014
Gr C. ROffffRTSON, MAYOR
Al -FEST:
Reeb cccaGarza, City Sec to
� l
Zone Case No. 3134
page -1 oj3
AS TO CONTENT:
Paxton, Director
APPROVED AS TO FORM:
Weaver, City Attorney
Zone Case No. 1L19
page - 3 of3
FIELD NOTES on o 30.06 Acre Tract also known as Tracts 5 and 6, out of Section 19, Block AK. Lubbock
County, Texas, being further described by metes and bounds as follows:
BEGINNING at a found railroad spike in the East line of said Section 19 for the Southeast corner of this tract
whence a found 3/8" iron rod for the Northeast corner of the Southeast Quarter (SE/4) of Section 19 bears
N 01'41'59" E (Texas North Central Zone Bearing Basis), 1483.45 feet (Called 1483.2 feet in Volume 3468,
Page 56, Lubbock County Real Property Records, (LCRPR)) a found 1/2' rod accepted as the Southeast
corner of Section 19 bears S 01'40'52' W, 1156.34 feet (Called South, 1155 feet);
THENCE N 88'15'44" W. along the North line of the tract described in Volume 3468, Page 56. (LCRPR),
2650.48 feet (Called 2640 feet) to a found rod with yellow cap for the Southwest corner of this tract;
THENCE N 01'41'17" E, along the West line of the Southeast Ouarter (SE/4) of Section 19, 494.56 feet (by
calls 495 feet) to a found iron pipe for the Northwest corner of this tract;
THENCE S 88'14'23" E. along the South line of the tract described in Volume 1939, Page 465, (LCRPR),
2650.80 feet (called 2640 feet) to a set 1/2" rod with orange cap marked RPLS 4460 on the North side of a
found bent railroad spike for the Northeast corner of this tract;
THENCE S 01'43'32" W. with Milwaukee Avenue, 493.50 feet (by calls 495 feet) to the PLACE of BEGINNING and
containing 30.06 Acres including any Right—of—Ways.
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Surveyor's Report
This Plot is based on a survey made on the ground April 1 and 5,
2005.
Monuments shown as found on this survey were accepted by this
surveyor as controlling evidence due to substantial agreement with
Record Documents and ore not considered as Monuments of Record
Dignity unless so noted.
This Survey was prepared without the benefit of o Title Commitment.
Easements erd/or Restrictions other than those shown may apply.
Trere cre a r'urnter of discreocncies in the dmensions it this survev
cs cpposec to the deed dimensions.
.-e'e is :.cs' cnc West excess in this tract en- in the overall Sectior.
The excess ;r 'ns tract is approximcte;y 10 feet (2650 as opposed
tc 2640 feet in tr.e deed. This excess is shown in the deed for the
cc;oiner to the South (V. 3468, P. 68) and is shown on the plot of
Hoopy Acres (V. 1679, P. 161) approximately 495 feet North. It is
possible that the East line of Section 19 at one time was considered
tc be or. the West side of Milwaukee (Called West Right of Way fine in
Volume 1939, Page 465). The current Section line is occupied cnd
monumented in the center of Milwaukee. The West line of the SW/4 is
wet: monumented cnd occupied as monumented.
There are North—South d;screponcies in some of the Beginning Coils.
The tract tc the South (V. 3468. P. 55) is coiled to begin at a
railroad spike et its Southeast corner. 1483.2 feet South of the
Northeast corner of the SE/4. That pert (1483.2 feet) of this call is
obviously intended to go to the Northeast corner of the Tract
described in Volume 3468, Page 56. Accepting this railroad spike does
not fit the Beginning Call on this tract (1155 feet) to the Southeast
corner of the Section. (currently monumented by a 1/2' rod in the
center of F.M. 1585) by approximately 1.3 feet. We held the line
established by the monuments tailed for in the adjoining deed. That
places 1.5 feet of shortage in this tract across the East line of this
tract.
F.M. 1585 and Milwaukee have both been reconstructed sirce same of
these surveys were performed. Some of the the current monuments
(including the 1/2' rod at the Section corner) may not be in the
some position as their predecessors which may be responsible for the
discrepancies.
Section 19 Block AK ;
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t� Hoppy .ti.c: a • SE/4 �..rrri •?- 1
•
—Metal
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Cilj rj Y 4" Metal Fence Post -- -- - --- Ai i Co Q Q
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0.4' NE _
of Fd. Iron Pips r Y -- -- I I I LA� U
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1339, P. 465 - - -- — — — a _
� f,A - c R8• r ,t '3 �� � � I �
?650.�U' D= 2'640'
MP — —� Fence olong Line _� I Q; O
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0.8 -. `0.1' �4• 1` 0n 0.1'J d r� - O n C
00 0
SW/4 0 0 4.6 50.06 Acres
Line Ic.u' --� I 0In )
30.06 7
z rdP. MUG0 REED I I U II II
o,I I�v, o
I:
—0 9' M= N 88' 15'4•t Vd 2650.4 Q' D= 247.5' f.�h n
I = ID' �h40A.i-_ SO 1'41'?,,"tiN
V. 3465. P. L,f 24? I I •�
--- --- - 2'
i - D= 24 7.5'
-- -- MM A4 SO1'40'08"W-
R
I`��Mt, - - Ml; — 249'61'-
r f i j
No Monument round III i O II 0 Cistonce Io Projected Linc r
5317' TO CENTERLINE UPLAND
SE Corner f
Section 19 /
Section 12, Block AK Mork AK