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HomeMy WebLinkAboutOrdinance - 2022-O0098 - Zone Case 3356-A - 07/12/2022First Reading June 28, 2022 Item No. 5.5 Second Reading July 12, 2022 Item No. 5.16 ORDINANCE NO. 2022-00098 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3356-A; A ZONING CHANGE FROM C-3 TO IHC ZONING DISTRICT AT 3136 130TH STREET, LOCATED NORTH OF 130TH STREET AND WEST OF FLINT AVENUE, ON 4.201 ACRES OF UNPLATTED LAND OUT OF BLOCK E2, SECTION 21, 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.3356-A 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 C-3 to IHC zoning district at 3136 1301h Street, located north of 130th Street and west of Flint Avenue, on 4.201 acres of unplatted land out of Block E2, Section 21, 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. Passed by the City Council on first reading on June 28, 2022 Passed by the City Council on second reading on July 12, 2022 ATTEST: Rebe fa Garza, City Sec APPROVED AS TO CONTENT: LLn Kri en Sager, Directo f Planning APPROVED AS TO FORM: k& I-AAM&- K lli Leisure, Assistant City Attorney vw/cityatt/Kell i/ZoneCase/ZC3356-A June 2, 2022 Zone Case No. 3356-A Page - 2 4VIj * AMD Enaineerina METES AND BOUNDS FOR A 4.201 ACRE TRACT, LOCATED IN SECTION 21, BLOCK E2, L.A. PATILLO SURVEY, ABSTRACT NO.270, LUBBOCK COUNTY, TEXAS (Sheet 1 of 2) Metes and Bounds description for a 4.201 acre tract of land located in Section 21, Block E2, L.A. Patillo Survey, Abstract No. 270, being a portion of that certain 60.28 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number 2010037777 of the Official Public Records of Lubbock County, Texas, said metes and bounds contain 4.201 acres of land being further described as follows: BEGINNING at a point in the north right-of-way line of F.M. 1585/ 130th Street(future Loop 88), of these tract, having coordinates of Northing: 7,236,782.47 and Easting: 937,017.41 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone,; THENCE N. 01 ° 39' 46" E. an approximate distance of 259.94 feet to the southwest corner of the plat limits of Lots 60 through 77, Bella Mia Estates as recorded in the map, plat and/or dedication deed thereof recorded in County Clerk's File Number 2012036311; THENCE S. 880 12' 32" E. an approximate distance of 20.00 feet; THENCE N. 460 45' 35" E. an approximate distance of 14.15 feet to a point in the south right-of- way line of an alley, previously dedicated in said Bella Mia Estates; THENCE S. 880 16' 21" E., along the south right-of-way line of said alley, an approximate distance of 805.22 feet; THENCE S. 430 16' 22" E. an approximate distance of 14.14 feet, to a point in the west right -of - line of Flint Avenue, previously dedicated in said Bella Mia Estates; THENCE S. 01 ° 43' 38" W. an approximate distance of 12.97 feet; THENCE N. 880 02' 19" W. an approximate distance of 194.56 feet; THENCE S. 01 ° 54' 16" W. an approximate distance of 257.48 feet; THENCE N. 870 31' 45" W. an approximate distance of 383.21 feet; THENCE N. 870 14' 53" W. an approximate distance of 266.45 feet to the POINT OF BEGINNING. Bearings are based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. Distances are at surface, in U.S. survey feet. This description prepared for zoning purposes only, with information from previous surveys and does not represent a survey as made upon the ground. 6515 681h Street, Suite 300 TBPE Reg. # F-9197 Office: (806) 771-5976 Lubbock, Texas 79424 TBPELS Reg. #101785-00 Fax: (806) 771-7625