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HomeMy WebLinkAboutOrdinance - 2021-O0176 - Zone Case 3449First Reading December 7, 2021 Item No. 8.13 ORDINANCE NO. 2021-00176 Second Reading December 14, 2021 Item No. 7.15 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3449; A ZONING CHANGE FROM T TO IHC ZONING DISTRICT AT 9711 HIGHWAY 87, LOCATED NORTH OF 98TH STREET AND EAST OF HIGHWAY 87, ON 2.26 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 8, 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, 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.3449 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are 1 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 IHC zoning district at 9711 Highway 87, located north of 98th Street and east of Highway 87, on 2.26 acres of unplatted land out of Block E, Section 8, 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 December 7, 2021 Passed by the City Council on second reading on December 14, 2021 ATTEST: Rebtcca Garza, City Se et y APPROVED AS TO CONTENT: ABryIshaSm,iector of Planning APPROVED AS TO FORM: K lli Leisure, Assistant City Attorney vw/cityatt/Kel I i/ZoneCase/ZC3449 November 22, 2021 STEVE EN ALE, R PRO TEM Zone Case No. 3449 Page - 2 Page 1 of 2 FIELD NOTES for the rezoning of a 2.26 acre tract of land being that portion of that called 155.98 acre tract as described in County Clerk's File (CCF) #2014025917, Official Public Records of Lubbock County, Texas (OPRLC, TX.) being situated in Section 8, Block E, Gulf, Colorado and Santa Fe Railway Company Survey, A-492, Lubbock County, Texas lying inside the limits of the City of Lubbock as described in Ordinance No. 2006-00119 recorded in CCF #200700482, OPRLC, TX., said 2.26 acres being more particularly described by metes and bounds as follows: BEGINNING at a point for the Northeast corner of this tract from which the Southwest corner of said Section 8 is called in said ordinance to bear West a distance of 3,020 feet and South 376 feet and a 1/2" iron rod with blue cap inscribed "CHT RPLS 6460" (hereinafter referred to as an OJD-CHT cap) found in the South line of a of a 17.635 acre tract of land (Absolutus 66, Inc. tract) as described in CCF #2015024802, OPRLC, TX, at the Northwest corner of Tract "A-1", Abi Ann 2, a subdivision of Lubbock County, Texas according to the map, plat and/or dedication deed thereof recorded in CCF #2018036535, OPRLC, TX. bears S. 88°15149" E. a distance of 1.06 feet and N. 01°44111" E. a distance of 356.56 feet; THENCE S. 01050119" W. a distance of 321.02 feet to a point in the North line of 98th Street (100 feet wide right-of-way, North 55 feet by CCF #2016006354, OPRLC, TX.) for the Southeast corner of this tract from which a 1/2" iron rod with yellow cap inscribed "HRSASSOC" (hereinafter referred to as a HUGO cap) found at the Southwest corner of said Tract "A-1" bears S. 88*09147" E. a distance of 1.64 feet; THENCE N. 88009147" W., contiguous with said North right-of-way line, a distance of 121.95 feet to a HUGO cap found in the East line of U.S. Highway 87 as described in Volume 1118, Page 259, Deed Records of Lubbock County, Texas, for a corner of this tract; THENCE contiguous with said U.S. Highway 87 the following four (4) courses and distances: 1) N. 01°48'57" E. a distance of 2.22 feet to a HUGO cap found for a corner of this tract; 2) N. 88°15'54" W., a distance of 130.02 feet to a HUGO cap found for the most Southerly Southwest corner of this tract; 3) N. 45-03127" W., a distance of 73.10 feet to a HUGO cap found for the most Westerly Southwest corner of this tract; OJD ENGINEERING, LLC * 328 E. HWY. 62, WOLFFORTH, TX. * FIRM#101939B3 Page 2 of 2 4) N. 02005128" W., a distance of 269.72 feet to a point for the Northwest corner of this tract from which a 1/2" iron rod found at a corner of said 155.98 acre tract bears N. 02005128" W. a distance of 181.48 feet; THENCE S. 88009*41" E. a distance of 323.82 feet to the POINT OF BEGINNING. Surveyors Notes: Bearings are relative to the Texas Coordinate System of 1983, Texas North Central Zone, NAD83 (2011) Distances are surface, U.S. Survey Feet The Combined Scale Factor (CSF) for this project is 0.999759016. To obtain grid distances multiply the given surface distance by the CSF. A Plat map of even signature date accompanies this description. See plat map for additional notes. Original Documents bear this surveyors signature and seal. 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. Cy it H. Turner Registered Professional Land Surveyor #6460 OJG ENGINEERING, LLC * 328 E. HWY. 62, WOLFFORTH, TX. * FIRM#10193983 'D8 �2o j 20'Lt