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HomeMy WebLinkAboutOrdinance - 2022-O0124 - Zone Case 3181-B - 09/13/2022First Reading August 23, 2022 Item No. 5.5 ORDINANCE NO. 2022-00124 Second Reading September 13, 2022 Item No. 5.33 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3181-11; A ZONING CHANGE FROM GO TO C-2 ZONING DISTRICT AT 1301 NORTH FRANKFORD AVENUE, LOCATED WEST OF FRANKFORD AVENUE AND NORTH OF KEMPER STREET, ON 3.192 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 7, 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 help the Lubbock Planning and Zoning Commission and City Council determine the physical development of the community; however, planning is a continuous process and change 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 29-10 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.3181-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from GO to C-2 zoning district at 1301 North Frankford Avenue, located west of Frankford Avenue and north of Kemper Street, on 3.192 acres of unplatted land out of Block JS, Section 7, 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 29-31 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 Passed by the City Council on second reading on ATTEST: ID jat�Ae--t -t )K� Rebec a Garza, City Secrekrjy APPROVED AS TO CONTENT: 0�11'�& , L Lr7 Kri n Sager, Director o lanning August 23, 2022 September 13, 2022 PAYNE. MAYOR Zone Case No. 3181-B Page - 2 APPROVED AS TO FORM: Kelli Leisure, Assistant City Attorney vw/C ityAtt/Kel l i/Zones/ZC3181-B 08.01.22 Zone Case No. 3181-B Page - 3 Plat and Field Notes on a 3.192 Acre Tract out of Section 7, Block JS, Lubbock County, Texas, IPOB Set Rod with Cap where previously found 5/8" Rod with Cap (Hugo Reed) Adjoining Deed CCFN 2015020408 I NE Corner Parent Tract had been destroyed Bu Id,ng Wall 0.6' I North of Line I S 88' 17'37* E 295.04' 1 F-rew•:rks Stand w 3 C Dirt Pod/ Parking Lot Q E 0 O W Y C O v r W t n 5 3.192 Acres 3 Z a c0i � n Y o. Z 4 Y) a p :3 m C m 0 oI> rn N c a `u o E c J WE oa a w° T ua $ N 88' 17'34' W 295.53' d Cc 3 Parent Tract I Oi V. 6022. P. 241 r i Turnrow— — � o N W e I FIELD NOTES on a 3.192 acre tract out of the tract described in Volume 6022, Page 241. Lubbock County Real Property Records(LCRPR) and also out of Section 7, Block JS, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a set 1/2" rod with green cap marked RPLS 4460 in the West Right of Way line of North Frankford Avenue (F.M. 2528) for the Northeast corner of the tract described in Volume 6022, Page 241. LCRPR which by calls bears S 89`52'40" W, 60.00 feet and North 2398.61 feet from the Southeast comer of Section 7, Block JS; THENCE S 01'50'32" W(Texas North Central Zone Bearing Basis), with the West line of North Frankford Avenue, 470.82 feel to a set 1/2" rod with green cap for the Southeast comer of this tract, THENCE N 88"17'341" W, 295.53 feel to a set 1/2' rod with green cap for the Southwest corner of this tract, THENCE N 01'54'04" E, 470.82 feet to a found rod with yellow cap for the Northwest corner of this tract; THENCE S 88*17'37' E. with the South line of the tract described in Lubbock County Clerk File Number 2015020408, a distance of 295.04 feet to the PLACE of BEGINNING, containing 3.192 Acres. Scale: 1"=100' Surveyed For: Beau Tucker ® Set 1/2' Rod w/ Green Cap Oa Fd. Rod with Yellow Cap (Hugo Re Light Pole 4 Power Pole CCFN Lubbock County Clerk File Number Surveyor's Report This Plat is based on a survey made on the ground February 17, 2015. Monuments shown as found on this survey were accepted by this surveyor as controlling evidence due to substantial agreement with Record Documents and are not considered as Monuments of Record Dignity unless so noted. No Substantial Discrepancies between Record v1 S`r E OF i�c� Documents and conditions as found on the ground this ivy'��:••'G1S fq'F:!yy were uncovered on survey unless noted. / �• This plat was prepared without the benefit of o r J:M:CIESZINSKi Title Commitment. Easements and/or Restrictions • other than those shown may apply. a `to 4400 P ,: ;90FESg1pt�; t�.j- Bearings are based on the Texas North Centro. Zone ryj� •.....• t Coordinate System. NAD 83. �. t,/a,I j s ABACUSSURIE�GG 2737 Blst Street J.M. CIESZINSKI, RPLS # 4460 LUBBOCK, TEXAS PLAT SHOWN AS SURVEYED ON THE Cot on !t 806 745 7870 GROUND February 23, 2015 TEXAS SURVEYING FIRM NO. 101153_-00