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HomeMy WebLinkAboutOrdinance - 2014-O0142 - Zone Case 3003-D - 11/06/2014First Reading October 23, 2014 Item No. 6.5 ORDINANCE NO. 2014-00142 Second Reading November 6, 2014 Item No. 6.14 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3003-1); A ZONING CHANGE FROM GO AND R-1 SPECIFIC USE TO A-1 ZONING DISTRICT ON 16.7 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 21, 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. 3003-D 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 GO and R-1 Specific Use to A-1 zoning district on 16.7 acres of unplatted land out of Block AK, Section 21, City of Lubbock, Lubbock County, Texas located at south of 980i Street and cast of Kline 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 reduced setbacks include: (a) 20' front setback; (b) 5' front setback on cul-de-sac lots; and (c) 5' side setbacks on the corner lots. 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 October 23, 2014 Passed by the City Council on second reading on November 6, ?o14 ATTEST: Rebqk,caGarza,C1tySeerct1ry GLE OBERTSON,MAYOR Zone Case No. 30 page - 2 of APPROVED AS TO Andrew Paxton, Director of Planning APPROVED AS TO FORM: (�n4i( 41-4 - Weaver, City Attorney HUGO REED AND ASSOCIATES, INC. UM 1601 AVENUE N f LUBBOCK, TEXAS 79401 18061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100876.00 LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of an approximate 16.7 acre tract of land located in Section 21 Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the Eastern boundary of a 10.0 acre tract of land as described in Volume 9879, Page 36, of the Official Public Records of Lubbock County, Texas, for the most Westerly Northwest corner of this tract, which bears S. 87059'54" E. an approximate distance of 660.0 feet and S. 01 051'54" W. an approximate distance of 507.0 feet from the Northwest corner of said Section 21, Block AK, Lubbock County, Texas; THENCE S. 88°09'06" E. an approximate distance of 100.8 feet to a point for a corner of this tract; THENCE N. 72018'45" E. an approximate distance of 159.1 feet to a point; THENCE S. 88011'21" E. an approximate distance of 43.1 feet to a point for a corner of this tract; THENCE N. 01048'39" E. an approximate distance of 188.0 feet to the most Northerly Northwest corner of this tract; THENCE S. 87059'54" E. an approximate distance of 297.1 feet to a point for the Northeast corner of this tract; THENCE S. 01 048'39" W. an approximate distance of 741.1 feet to a point; THENCE S. 06032'39" E. an approximate distance of 389.4 feet to a point; THENCE S. 12006'54" E. an approximate distance of 250.9 feet to a point; THENCE S. 02"54'13" E. an approximate distance of 288.1 feet to a point for the Southeast corner of this tract; THENCE S. 87005'47" W. an approximate distance of 117.5 feet to a point; THENCE N. 88011'54" W. an approximate distance of 165.9 feet to a corner of this tract; THENCE S. 76007'1T' W. an approximate distance of 52.5 feet to a corner of this tract; THENCE N. 57043'01" W. an approximate distance of 13.9 feet to a corner of this tract; THENCE S. 79013'08!'W. an approximate distance of 60.0 feet to a point of intersection at the Southwest corner of this tract; THENCE Northwesterly, along a curve to the right, said curve having an approximate radius of 430.0 feet, a central angle of 12°34'58", approximate tangent lengths of 47.4 feet, an approximate chord distance of 94.2 feet and a chord bearing of N. 04029'23" W to a point of tangency; THENCE N. 01 048'06" E. an approximate distance of 477.9 feet to a point of curvature; THENCE Northwesterly, along a curve to the left, said curve having an approximate radius of 370.0 feet, a central angle of 55031'33", approximate tangent lengths of 194.8 feet, an approximate chord distance of 344.7 feet and a chord bearing of N. 25°57'41" W. to a point of reverse curvature; THENCE Northwesterly, along a curve to the right, said curve having an approximate radius of 430.0 feet, a central angle of 55034'21", approximate tangent lengths of 226.6 feet, an approximate chord length of 400.9 feet and a chord bearing of N. 25056'17" W. to a point of tangency; THENCE N. 01 050'54" E. an approximate distance of 62.7 feet to a point located in the southern boundary of said 10.0 acre tract for a corner of this tract; THENCE S. 87059'54" E., along the Southern boundary of said 10.0 acre tract, an approximate distance of 30.1 feet to a point for the Southeast corner of said 10.0 acre tract and a corner of this tract; THENCE N. 01 047'36" E., along the Eastern boundary of said 10.0 acre tract, an approximate distance of 153.0 feet to the Point of Beginning. Contains an approximate 16.7 acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Carl Mortensen August 21, 2014