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HomeMy WebLinkAboutOrdinance - 2021-O0083 - Zone Case 3298-CFirst Reading July 13, 2021 Item No. 7.2 ORDINANCE NO. 2021-00083 Second Reading July 27, 2021 Item No. 7.7 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3298-C; A ZONING CHANGE FROM R-2 SPECIFIC USE TO C-2A ZONING DISTRICT AT 3726 AND 3716 146TH STREET, LOCATED NORTH OF 146TH STREET AND EAST OF MEMPHIS AVENUE, ON 4.3 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 4, 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 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: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.3298-C 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-2 Specific Use to C-2A zoning district at 3726 and 3716 146th Street, located north of 146th Street and east of Memphis Avenue, on 4.3 acres of unplatted land out of Block AK, Section 4, 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 July 13, 2021 Passed by the City Council on second reading on July 27, 2021 FIN WIWi9 -QjLP'ej'- -'k Retie •a Garza, City Sec e DANIEL M. POPE, MAYOR Zone Case No. 3298-C Page - 2 APPROVED AS TO CONTENT: an Ish Director of Planning tl!j APPROVED AS TO FORM: 45 jDjji Attorney vw/cityatt/Kel I i/ZoneCase/ZC3298-C June 3, 2021 Zone Case No. 3298-C Page - 3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 78401 1 $061763-5642I FAX 8061763-3881 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED C-2A ZONING METES AND BOUNDS DESCRIPTION of an approximate 4.3 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East right-of-way line of Memphis Avenue as described under County Clerk File Number 2017022407 of the Official Public Records of Lubbock County, Texas, for the most Westerly Southwest corner of this tract, which bears N. 01 *47'11" E. an approximate distance of 85.0 feet and N. 88*12'49" W. an approximate distance of 2602.5 feet from the Southeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 01047'11" E., along the East right-of-way line of said Memphis Avenue, an approximate distance of 70.0 feet to a point; THENCE N. 00038'27" E., continuing along the East right-of-way line of said Memphis Avenue, an approximate distance of 150.0 feet to a point; THENCE N. 0104711" E., continuing along the East right-of-way line of said Memphis Avenue, an approximate distance of 101.7 feet to a point for the most Westerly Northwest corner of this tract; THENCE N. 46047'11" E. an approximate distance of 14.1 feet to a point for the most Northerly Northwest corner of this tract; THENCE S. 88012'49" E. an approximate distance of 298.5 feet to a point; THENCE S. 82047'19" E. an approximate distance of 99.0 feet to a point; THENCE S. 77021'49" E. an approximate distance of 224.1 feet to a point; THENCE S. 32021'49" E. an approximate distance of 21.2 feet to a point; THENCE S. 12038'11" W. an approximate distance of 53.3 feet to a point; THENCE S. 01 046'38" W. an approximate distance of 34.8 feet to a point for the most Easterly Southeast corner of this tract; THENCE N. 88012'49" W. an approximate distance of 165.0 feet to a point; THENCE S. 01 046'38" W. an approximate distance of 205.4 feet to a point 55 feet North of the South line of Section 4, Block AK, for the most Southerly Southeast corner of this tract; THENCE N. 88012'49" W., along a line 55 feet North of and parallel to the South line of said Section 4, an approximate distance of 431.1 feet to a point in the East right-of-way line of said Memphis Avenue, for the most Southerly Southwest corner of this tract; THENCE N. 43012'49" W., along said East right-of-way line, an approximate distance of 42.4 feet to the Point of Beginning. Contains: Approximately 4.3 Acres PREPARED FOR ZONING CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.