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HomeMy WebLinkAboutOrdinance - 2019-O0058 - Zone Case 3373 - 05/14/2019 First Reading Second Reading April 23,2019 May 14, 2019 Item No. 8.10 Item No. 7.11 ORDINANCE NO. 2019-00058 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3373; A ZONING CHANGE TO C-3 FROM T AND R-1 ZONING DISTRICTS AT 6526 ERSKINE STREET, LOCATED AT THE NORTHWEST CORNER OF NORTH MILWAUKEE AVENUE AND ERSKINE STREET, ON 6.326 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, 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. 3373 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 to C-3 from T and R-1 zoning districts at 6526 Erskine Street, located at the northwest corner of North Milwaukee Avenue and Erskine Street, on 6.326 acres of unplatted land out of Block JS, 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 April 23, 2019 Passed by the City Council on second reading on May 14, 2019 DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City Secreta y APPROVED AS TO CON AJ Fawver, Director of Planning APPROVED AS TO FORM: Ke'li Leisure, Assistant City Attorney vw/cityatt/Kel l i/ZoneCase//_C3373 04.05.19 Zone Case No. 3373 page -2 of'2 x w � r cr.XQFru w R W +t O 00 C) w W U x (ajE"�Ocr 3k & ` QL�7Qmt7 � o SF 3 _ I I � 1=—I� � I I ► � I I I I L------------� N.. I a� G R I I I ms r L J 1 r � R3t7L l"'rf49.75'10,4 _---_---..-----.—_---.J v `sixwia anan roavnis+�—————— I l _ o' m•+OJ ut:trlr.0 ue.�r, 317N3nb - - I I T. N I� ri•et ���— a °1 SP'El9 3.E l.6 ION 7 I rpt%��, -———o -__ 377N3.1 V O779311NOW I I Z^I 17 — ----- ul� I � bill l o ! x I x 3 I €I I g z l I I I r I i I-II wt a l I I II II � III �=1 I £ I l --------- I c l --——————— I I �I i 6310 Genoa Ave.Suite A.Lubbock TX. 79424 Phone:806-687-1569 Fax:806.702-8995 Texas Firm Registration No. 10087500 Email:info@stevenssurvey.com norri5@5tevenssurvey.com A 6.326 ACRE TRACT IN SECTION 8, BLOCK JS, ABSTRACT NUMBER 1486, LUBBOCK COUNTY, TEXAS For Zoning Request to proposed Zone C-3, Sketch of tract attached herewith as Sheet 2 of 2 A 6.326 acre tract of land located in Section 8, Block JS, Abstract Number 1486, Lubbock County, Texas, and situated within that certain 7.632 acre tract of land conveyed to 87th Street Partners, LLC. and described in a Warranty Deed recorded in County Clerk's File Number 2009045341 of the Official Public Records of Lubbock County, Texas, said 6.326 acre tract being further described by metes and bounds as follows: BEGINNING at a point of intersection of the north right-of-way line of Erskine Street and the west right-of-way line of Milwaukee Avenue for the southeast corner of this tract and having coordinates of Northing: 7,284,896.07 and Easting: 916,060.86, Texas Coordinate System of 1983,Texas North Central Zone,whence the southwest corner of said Section 8 bears S. 01' 49' 13" W. a distance of 50.00 feet and S. 88° 10' 09" E. a distance of 50.00 feet, said section corner having coordinates of Northing: 7,284,844.60 and Easting: 916,109.24, Texas Coordinate System of 1983,Texas North Central Zone-, THENCE N. 880 10' 09" W. a distance of 397.60 feet to a point in the east line of a Street Dedication Deed recorded in County Clerk's File Number 2013047479 of the Official Public Records of Lubbock County, Texas, for the most southerly southwest corner of this tract; THENCE N. 010 49' 13" E. a distance of 5.00 feet to a point of intersection in the east line of said Street Dedication and a corner of this tract; THENCE N. 430 10' 28" W. a distance of 35.36 feet to the northwest corner of said Street Dedication and in the east line of the plat limits of Shadow Hills Estates, Lots 89 through 95and 96-A through 102-A and B, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in County Clerk's File Number 2013047478 of the Official Public Records of Lubbock County, Texas, for the most westerly southwest corner of this tract; THENCE N. 010 49' 13" E., along said plat limits and the east right-of-way line of Monticello Avenue, a distance of 613.45 feet to a point of intersection for the most westerly northwest corner of this tract; 1