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HomeMy WebLinkAboutOrdinance - 2019-O0048 - Zone Case 437-B - 05/14/2019 First Reading Second Reading April 23,2019 May 14, 2019 Item No. 8.3 Item No. 7.4 ORDINANCE NO. 2019-00048 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 437-B; A ZONING CHANGE TO GO SPECIFIC USE FOR A PUBLIC USE WITHIN A GARDEN OFFICE DISTRICT, FROM GO, AT 1702 EAST 19TH STREET, ON THE SOUTHEAST CORNER OF EAST 19TH STREET AND MARTIN LUTHER KING JR. BOULEVARD, ON 3.1 ACRES OF UNPLATTED LAND OUT OF BLOCK O, 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, 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. 437-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock to GO Specific Use for a Public Use within a Garden Office District from GO at 1702 East 191h Street, on the southeast corner of East 19th Street and Martin Luther King Jr. Boulevard, on 3.1 acres of unplatted land out of Block O, 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 the granting of this specific use zoning is hereby made subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 40.03.3 102 of the Codified Zoning Ordinance, which provides that a Building Permit shall be applied for and secured within thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in this case is the GO zone district; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Section 40.03.3101- 40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 1702 East 1911 Street, on the southeast corner of East 19t1 Street and Martin Luther King Jr. Boulevard, on 3.1 acres of unplatted land out of Block O, Section 4, City of Lubbock, Lubbock County, Texas. SECTION 3. 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 4. 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 5. 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 cca Garza, City Secret ry Zone Case No. 437-B page - 2of3 APPROVED AS TO CONTENT: -Ly AJ Fawver, Director of Planning APPROVED AS TO FORM: K lli Leisure, Assistant City Attorney vw/CityAtt/Kell i/Zones/ZC437-13 04.05,19 Zone Case No. =437-B page - 3 of 3 APPROXIMATELY 3.1 ACRES LOCATED IN SECTION 3, BLOCK O, LUBBOCK COUNTY, TEXAS EXHIBIT "A" I � � THIS POINT BEARS N.01'43'55'E AN APPROXIMATE DISTANCE OF 1 I 390.5 FEET AND S.88'1605'E.AN APPROXIMATE DISTANCE OF 59.0 JJJ f IFEET FROM THE SOUTHWEST CORN�R 7SECTION 3,9LOCK O, LUBBOCK COUNTY,TEXAS. J� L NNN EAST 19#75 TREE T - N88°45'39"E r,vo ,� a it 00C6saEVT OUA19l 601.6' F— C"co N N o N tV CN Wv� a o h APPROXIMATELY 3.1 ACRES Q°h u� o o U) O S� z s88°48'ae"w 601.1 ' T J � f I NO T PL Q T TED I J 14710'0a ct Curn Lugeoc I \ I yo/ 1370.Pg. -f/,i J February 26, 20'9 F HUGO REED AND ASSOCIATES, INC. z LAND SURVEYORS 1601 AVENUE N z CIVIL ENGINEERS LUBBOCK,TEXAS 79401 Scale: 1"=100' TEXAS LICENSED SURVEYING FIRM 100876M PHONE:806/763-.5642 TEXAS REGISTERED ENGINEERING FIRM F-780 FAX:806/76&3891 HUGO REEO AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK,TEXAS 79401 1 8061763-56421 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676.00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" METES AND BOUNDS DESCRIPTION of an approximate 3.1 acre tract of land located in Section 3, Block O, Lubbock County, Texas,said 3.1 acre tract being PROPOSED Tract"A", Police Department East Side Addition to the City of Lubbock, being further described as follows: BEGINNING at the Northwest corner of this tract, being a point in the Eastern boundary of that tract of land described in the Quit Claim Deed as described in Volume 653, Page 433 of the Deed Records of Lubbock County, Texas(DRLCT),which bears N. 01 43'55' E an approximate distance of 390.5 feet and S. 88'16'05" E. an approximate distance of 56.0 feet from the Southwest corner of Section 3, Block O, Lubbock County,Texas; THENCE N. 88`45'39" E., along the Eastern boundary of said Quit Claim Deed, at approximately 44.0 feet pass a corner of said Quit Claim Deed,continuing for a total approximate distance of 601.6 feet to the Northwest corner of that tract of land described in a Judgement and recorded in Volume 1960, Page 473 of the Real Property Records of Lubbock County, Texas (RPRLCT), THENCE S. 01'51'26"W., along said Judgement tract, an approximate distance of 223.3 feet to a point in the Northern boundary of a tract of land described in Volume 1370, Page 314, DRLCT, at the Southwest corner of said Judgement tract and the Southeast corner of this tract; THENCE S. 88048'48"W., along said tract described in Volume 1370, Page 314, an approximate distance of 601.1 feet to the Southeast corner of said Quit Claim tract and the Southeast corner of this tract; THENCE N. 01 043'55" E., along said Quit Claim tract, an approximate distance of 222.7 feet to the Point of Beginning. Contains approximately 3.1 acres PREPARED FOR ZONE CHANGE PURPOSES ONLY. DOES NOT REPRESENT A SURVEY. Prepared for the City of Lubbock February 26, 2019 gi y� J F m a a I � + y 0 WO ' (Do ° = I 7.. Q ° ej ®R Ix uj T N wcn o v _ I F l m m W - m m W l ( i i o � $ m J Ua R C T m T Z I LL Q. I z • � n + ` �� �p I 1 w U- m ir + K W LLI a Y O ry■ J D m Cl) �C � W £ Y � l0 O 0 0 y } m } w z U o J U , , FA.C. KIN JR. BLVD