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HomeMy WebLinkAboutOrdinance - 2021-O0047 - Zone Case 3047-ZFirst Reading April 27, 2021 Item No. 7.3 ORDINANCE NO. 2021-00047 Second Reading May 11, 2021 Item No. 9.3 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE LOWING CHANGES: ZONE CASE NO. 3047-Z; A ZONING CHANGE ,M CB-3 SPECIFIC USE TO C-3 ZONING DISTRICT GENERALLY 'ATED SOUTH OF 114TH STREET AND WEST OF QUAKER AVENUE, 1.1 ACRES OF UNPLATTED LAND OUT OF BLOCK E2, SECTION 23, BOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS .USE; 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 2040 Future Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and the 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 2040 Future Land Use Plan, which protects the 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 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: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: E'Jl�J��L�7:I.� 87`►F13itilLybli 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 CB-3 Specific Use to C-3 zoning district generally located south of 114th Street and west of Quaker Avenue, on 1.1 acres of unplatted land out of Block E2, Section 23, City of Lubbock, Lubbock County, Texas, and being further 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 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 April 27, 2021 Passed by the City Council on second reading on May 11, 2021 DANIEL M. P E, MAYOR ATTEST: t0l'b"e.4 " K — Retie a Garza, City Secret y Zone Case No. 3047-Z Page - 2 APPROVED AS TO CONTENT: Br n Isham, it ar of Planning APPROVED AS TO FORM: I NA elli Leisure, Assistant City Attorney vw/c ityatt/Kel I i/ZoneCase/ZC3047-Z April 1, 2021 lone Case No. 3047-L Page - 3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-56421 FAX 8061763-3881 ;1'1TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" PROPOSED C-3 ZONING METES AND BOUNDS DESCRIPTION of an approximate 1.1 acre tract of land located in Section 23, Black E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the Western boundary of Tract "A", Vintage Township, an addition to the City of Lubbock, Lubbock County, Texas, for the Northeast corner of this tract which bears N. 88013'52" W. an approximate distance of 1011.39 feet and S. 01 046'08" W. an approximate distance of 260.87 feet from the Northeast corner of Section 23, Block E-2, Lubbock County, Texas; THENCE S. 43011'22" E., along the Western boundary of said Tract "A", an approximate distance of 519.63 feet to a point of curvature; THENCE Southeasterly, continuing along the Western boundary of said Tract "A", along a curve to the right, said curve having a radius of approximately 100.00 feet, a central angle of 45000'34", a chord distance of approximately 76.55 feet and a chord bearing of S. 20041'05" E. to a point of tangency; THENCE S. 01 °49'12" W., continuing along the Western boundary of said Tract "A", an approximate distance of 42.13 feet to a point for the Southeast corner of this tract; THENCE N. 88010'48" W. an approximate distance of 33.81 feet to a point for the Southwest corner of this tract; THENCE N. 43°11'22" W. an approximate distance of 616.73 feet to a point for the Northwest corner of this tract; THENCE S. 88*13'52" E. an approximate distance of 29.02 feet; THENCE N. 46°48'38" E. an approximate distance of 62.46 feet to the Point of Beginning. Contains 49,435 square feet. PREPARED FOR ZONING PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY AND SHALL NOT BE RECORDED FOR ANY REAL PROPERTY PURPOSES. Prepared for TK & RB Investments, LLC February 23, 2021