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Home My WebLink AboutOrdinance - 2013-O0048 - Zone Case 3205 - 05/09/2013�irst Reading y 1, 2013 tem No. 6.6 i ORDINANCE NO. 2013-00048 Second Reading May 9, 2013 Item No. 5.11 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3205; A ZONING CHANGE FROM T TO IHC ZONING DISTRICT ON 11.07 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTOIN 20, 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 1986 Comprehensive Land Use Plan as amended is a guide to the Lubbock Planning and Zoning Commission and City Council determine the ical development of the community; however, planning is a continuous process and ge 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 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.3205 fl 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 T to IHC zoning district on 11.07 acres of unplatted land out of Block AK, Section 20, City of Lubbock, Lubbock County, Texas, located at 11706 Frankford Avenue. 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 No1100 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 May 1. 2013 Passed by the City Council on second reading on May 9, 2011 G C. ROBERTSON, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: I _/rtcr� I�L Andrew Paxton, Interim Director of Planning APPRO EpD S TO FORM: 64C Chad Weaver Assistant City Attorney vw./cityatt/Chad/ZoneCase1ZC3205 April 4, 2013 Zone Case No. 3205 page - 2 of 2 METES AND BOUNDS DESCRIPTION of a 11.07 acre tract of land Located in the Northeast Quarter of Section 20, Block AK, Lubbock County, Texas, being further described as follows: F SEm, BEGINNING at a railroad spike found in the East line of Section 20, Block AK which bears South a distance of 990.00 feet from the Northeast corner of Section 20, Block AK, Lubbock County, Texas; THENCE South, along the East line of said Section, a distance of 509.90 feet to a railroad spike found at the Southeast comer of this tract and the Nottheast corner of a 1.00 acre tract of land conveyed to B.J. Williams recorded in Volume 1953, Page 940, Deed Records of Lubbock County, Texas; THENCE West, at 50.00 feet pass the West line of a right-of-way casement recorded in Volume 1334, Page 614, at 55.00 feet pass a 1/2" iron rod with cap set in reference, continuing for a total distance of 660.00 feet to a 112" iron rod with cap found in the North line of a 9.847 acre tract of land conveyed to Herb and Renne Waits recorded in Volume 6300, Page 306 Real Property Records of Lubbock County, Texas, at the Southwest comer of this tract; THENCE North, along said 9.847 acre tract, a distance of 179.90 feet to a 1/2" iron pipe found at a corner of this tract and a comer of said 9.847 acre tract; THENCE West, continuing along the North line said 9.847 acre tract, a distance of 198.10 feet to a 1 /2" iron rod with cap found at a comer of this tract and a corner of said 9.847 acre tract; THENCE North, continuing along said 9.847 acre trail, a distance of 30.02 feet to a 1/2" iron rod found at a corner of this tract and a corner of said 9.847 acre tract; THENCE S. 89"5T50" W., continuing along said 9.847 acre *tract, a distance of 268.10 feet to a 1/2" iron rod found at the Southeast comer of a 0.922 acre tract of land conveyed to Corey A. Brown recorded in Volume 8205, Page 188 Real Property Records of Lubbock County, Texas and a comer of this tract; THENCE North along the East line of said 0.922 acre tract, a distance of 299.71 feet to a 1/2" iron rod found at the Northeast corner of said 0.922 acre tract and the South line of a 20 feet alley at the Northwest corner of this tract; THENCE East, along the South line of said alley, 071.20 feet pass a 1/2" iron rod with cap set in reference, and at 1076.20 feet pass the West line of a right -of --way easement recorded in Volume 1334, Page 614, continuing for a total distance of 1126.20 feet to the Point of Beginning. t 1180 CR 1800 S CERTTFICATION TO: West Texas Title Co. FOR: GF# 25712 ONLY I, Daniel E. Martinez, Texas Registered Professional Land Surveyor No. 4515, do hereby certify that this survey was made on the ground and is in substantial compliance with Standard TREC Contract Form No. 20-6, a determination as to whether this property lies within a special flood hazard area was not made for this survey. September 29, 2004 October, 11, 2004: revised to correct spelling in metes and bounds. Daniel E. Martinez Registered Professional I nnA Qnnmunr Mn d5 I S b1 i18 i,�b t°�4' llby i((byy ■N !. ipg tit7� � at �Ft y g! �� 4 g I I1 fill II I @I ` [ o1f; a bw 1 � � s•�r•• may. w.-. )/v OVO!! NRO.7 OJAVd • �� • Hl%i05—HL�� _t•xz: 8.,c TJ' . sYiP �—_� — :L3t7973�1'y-A-:My.OD �� t i� g; ■ � XWE tlltlOS-ttiaDM 1 � r �