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Home My WebLink AboutOrdinance - 2021-O0123 - Zone Case 3440First Reading August 24, 2021 Item No. 8.18 ORDINANCE NO. 2021-00123 Second Reading September 14, 2021 Item No. 8.20 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3440; A ZONING CHANGE FROM GO TO C-2 ZONING DISTRICT AT 14005 QUAKER AVENUE, LOCATED SOUTH OF 140TH STREET AND EAST OF QUAKER AVENUE, ON 1.829 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.3440 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 to C-2 zoning district at 14005 Quaker Avenue, located south of 140th Street and east of Quaker Avenue, on 1.829 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 Passed by the City Council on second reading on ATTEST: Reb ca Garza, City Sec e y August 24, 2021 September 14, 2021 le, DANIEL M. POPE, MAYOR Zone Case No. 3440 Page - 2 APPROVED AS TO CONTENT: Bry4n Isham, Director of Planning APPROVED AS TO FORM: I& ' r elli Leis e, Assistant City Attorney vw/cityattIKel l i/ZoneCase/ZC3440 July 29, 2021 Zone Case No. 3440 Page - 3 FIELD NOTES FOR A 1.829 ACRE TRACT OF LAND SITUATED IN SECTION 4, BLOCK AK, E.L.&R.R. CO. SURVEY, A-146, LUBBOCK COUNTY, TEXAS, being a portion of that 42.309 acre tract of land described in County Clerk's File (CCF) 02016005396, Official Public Records of Lubbock County, Texas (OPRLC, TX) and being further described by metes and bounds as follows; BEGINNING at a 1/2"iron rod with yellow plastic cap inscribed "HRA" (hereinafter referred to as a HUGO cap) found in the East right-of-way line of Quaker Avenue (110' R-O-W, CCF 02018036443 & #2018043583, OPRLC, TX and the South plat limits of Lots 49-95, Estates of Kelsey Park according to the map, plat and/or dedication deed thereof recorded in CCF #2017008770, OPRLC, TX for the most Westerly Northwest corner of this tract from which the Southwest plat corner of said Estates of Kelsey Park bears N. 88*14147" W. (bearing are based on record bearings) a distance of 55.00 feet (distances are surface, U.S. Survey Feet); THENCE N. 46*47122" E., contiguous with said South plat limits a distance of 14.15 feet to a HUGO cap found at a corner of said plat limits for the most Northerly Northwest corner of this tract; THENCE S. 88013129" E., contiguous with said South plat limits a distance of 290.00 feet to a HUGO cap found at the most Northerly Northwest corner of the remaining 21.437 acres of a called 21.531 acre tract of land conveyed to Trinity Church of Lubbock, Inc. as described in Exhibit A of CCF #2016047562, OPRLC, TX for the Northeast corner of this tract; THENCE contiguous with the boundary of said 21.437 acre tract the following two (2) courses and distances: 1.) S. 01*48'13" W. a distance of 265.78 feet to a HUGO cap found at a corner of said 21.437 acre tract for the Southeast corner of this tract; 2.) N. 88*11147" W. a distance of 300.00 feet to a 1/2" iron rod with blue plastic cap inscribed "CHT RPLS 6460" set in the East right-of-way line of said Quaker Avenue at the most Westerly Northwest corner of said 21.437 acre tract for the Southwest corner of this tract; THENCE N. 01048113" E., contiguous with said East right-of-way line, a distance of 255.63 feet to the place of BEGINNING. • a s a a•• a•♦• a • a a STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, that I, Cyril H. Turner, Registered COUNTY OF LUBBOCK Professional Land Surveyor, do hereby certify that I did cause to be surveyed on the ground the above described tract of land, and to the best of my knowledge and belief, the said description is true and correct. IN WITNESS THEREOF, my hand and seal, Cyril H. Turner Registered Professional Land Surveyor #6460 OJD ENGINEERING, LLC * 328 E. HWY., UNIT #1, WOLFFORTH, TX. * FIRM#10193983 POS FROM THIS POINT THE SOUTHWEST PLAT CORNER OF LOTS 49-94 ESTATES OF KELSEY PARK BEARS N. 8671'47' W. - 55.00- 20 6o 0 40 160 Scala I'-sw NOTE: POB = Point of Beginning. O = 112" iron rod w/ cap "HRA" found. (PMRD/CM) I ® = 112' iron rod with cap inscribed 'CHT RPLS 6460" set. I OF 0`� I PMRD = Physical Monument of Record Dignity 5 1 95 1 94 ry 93 1 CM = Controlling Monument yip GGF I 42.309 Acre Parent tract recorded In County Clerk File Number I 2016005396, Official Public Records of Lubbock County, Texas. M Bearings are relative to the deed of record of said 42.309 acre parent I 1 tract as observed along the monumented North line. I I Distances are surface, U.S. Survey Feet. �--- This survey is subject to any facts which may be disclosed by a full and BY PLAT CCF — — 008770 — — — -1---- /2or7oo677o accurate title search. A current title commitment was not provided ---------for this survey.329' E. - 290.00' Metes do Bounds Description of even survey date accompanies this plat. N 46,4722,E This plat invalid unless It bears surveyor's seal and signature. 14.15' � STATE OF TEXAS KNOW ALL M!]V BY THESE PRESENT N N Z that 1, Cyril H. Turner, Registered COUNTY OF LUBBOCK : Professional Land Surveyor, do hereby W 1.829 ACRES W W certify that I did cause to be surveyed i., ■ $ 0< on the ground the tract of land shown on this plot, and to the best of my knowledge and belief, the sold description Is true and correct. IN WITNESS THEREOF, my hand and seal, a� y�1b OF r N. 88*11 *47' W. - 300.00- ^� i 1A y ip\ST q o+, CYRIL g REMAINING 21.437 ACRES OF 21.531 ACRE TRACT Z a • o gasp h TRINITY S-4. B-AK, Iy�OFE55\O y0 o I OWNERTRINITY CHURCH OF LUBBOCK. INC yril H. Turner P016047562 EXHIBIT A � ° SU�� ------------------- Registered Professional I I Land Surveyor 16460 I 1 FENCE DETAIL 1'=10' FENCE BRICK AND WOW 2O2 PLAT OF A 1.829 ACRE TRACT OF LAND SITUATED IN SECTION 4, BLOCK AK, ELdcR.R. CO. SURVEY, A-746, LUBBOCK COUNTY, TEXAS SCILL' 1' - da' JAMMOM W. CHT I Immen off suftsy MM 05/19/2a21 I FYF HALM 21-LVM OJD Engineering, LLC 3Z6e�1�t-23W Consulting sneers a4 Su w6worek TCM Surveying Firm if 10193983 OLLiIHLG IItAIIBER t N t