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HomeMy WebLinkAboutOrdinance - 2019-O0083 - Zone Case 3385 - 07/09/2019First Reading June 25, 2019 Item No. 7.10 ORDINANCE NO. 2019-00083 Second Reading July 9, 2019 Item No. 7.15 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3385; A ZONING CHANGE TO R- 1A FROM R-1 SPECIFIC USE ZONING DISTRICT AT 138TH STREET AND AVENUE P, ON THE SOUTHWEST CORNER OF AVENUE P AND 138TH STREET, ON 5.292 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 16, 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.3385 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 R-IA from R-1 Specific Use zoning district at 138th Street and Avenue P, on the southwest corner of Avenue P and 138th Street, on 5.292 acres of unplatted land out of Block E, Section 16, City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". No Text 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 Passed by the City Council on second reading on Jul ry 9. 2019 ATTEST: Rebe tGarza, City Secret y APPROVED AS TO CONTENT: City Manager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney vwkityatMell VZoneCase/ZC33 85 June 6, 2019 JE RI IT , MAYOR, PRO TEM Zone Case No. 3385 page - 2 of 2 No Text M ZD z Q sr 1'2. .14' 1.19TH STREET a Z S.88°11`22"E r 32.09' }� = 436.00: y = 161'(A p = 21°09'46" CN = 160.13' N.61°13'44"E. 36°13'44"E. 62 N &88°11'22"E. I f38TH PL _ 5.292 ACRES a, ht 4- ALLEY� 1A )Y '1CR1 AL'�5 FL' 0C •t� USF,tiU, - AL1q B 1' 138TH DRIVE H NC)7PL.47T6 I 1 WC'PN 201N&V IJ7) fl I € IF UTURF'i IJ9TH STREET SKETCH OF r A 5.292 ACRE TRACT OF LAND IN " THE SOUTHEAST QUARTER OF SECTION 15, BLOCK E, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NO. 1178, i ' LUBBOCK COUNTY, TEXAS I [PARENT TRACTWARRANTY DEED RFCARI?EI)]N COUNTY CLk:RKS FILE, NO. 21)18f}X357 OF THE OFFICIAL PUHLIC RECORDS OF LU8?AX.K COUNTY, TEXAS) xer 55' It ZONE CHANGE REQUEST S. WO&SO"E.� , __-_____--_ $ 21.20' h I3RrFi �rRERr __�_ I POINT OF BEGINNING [ THE NORTHN/EAST CORNER OF E SECTION 16, BLOCK E SEARS ' 5.88"O6'18"E. 55.40' ANO t N.01' 63'42"E. 2568.72'. NORTHING-, 7,233,840,45 w EASTING: 946,114.32 1 I i I I E I I I � I t �_---- ---------�_ 4 � 1 ) I 1R 1 I f I � i ! � a I C _ _ Lo I- q ` I � '10"W. I 4j 5' t � I I I 1 I LEGEND. SCALE: 1" = 150' 26 0' 75, 150' 300, HEAVY LINES €NDICATE LIMITS OF SURVEY. CCFN = COUNTY CLERK'S FILE NUMBER. P&D = PLAT & DEDICATION. SEAWNGS ARE RELATIVE TO THE TEXAS COORAINATE SYSTEM OF 1983 12011), TEXAS NORTH CENTRAL ZONE. DISTANCES ARE AT SURFACE. IN U.S. SURVEY FEET. PREPARED APRIL 28, 2019 REVISED MAY20, 2010, CORRECT DISTANCE ON NORTH PORTION CF WEST L€NE. ADO COORDINATES TO POINT OF BEGINNING. 5'l/EET 2OF'2 AES'C'RIPWOA' .i TTACIIEP ,tS SIFiET !. No Text 6310 Genoa Ave. Suite A, Lubbock TX. 79424 Phone: 806-687-1569 Fax: 806-702-8995 Texas Firth Registration No. 10087500 E-mail. info@�stevenssurvey.com norris@>stevenssurvey.com DESCRIPTION FOR A ZONING CHANGE REQUEST IN THE NORTHEAST QUARTER OF SECTION 16, BLOCK E, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NO. 1178, LUBBOCK COUNTY, TEXAS (Sheet 1 of 2, Sketch of tract attached as Sheet 2) A 5.292 acre tract of land located in the Northeast Quarter (NE/4) of Section 16, Block E, G.C. & S.F. RR. Co. Survey, Abstract No. 1178, Lubbock County, Texas, said 5.292 acres tract, more or less, being further described by metes and bounds as follows: BEGINNING at a point in the (proposed) west line of Avenue P for the most easterly northeast corner of this tract and having coordinates of Northing: 7,233,840.45 and Easting: 946,114.32, Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence the northeast corner of Section 16 bears S. 88' 06' 18" E. a distance of 55.00 feet and N. 01' 53' 42" E. a distance of 2568.72 feet, said section corner having coordinates of Northing: 7,236,350.58 and Easting: 946,254.20, Texas Coordinate System of 1983 (2011), Texas North Central Zone; THENCE S. 010 53' 42" W., parallel with and 55.00 feet west of the east line of said Section 16 and the centerline of Avenue P, a distance of 657.73 feet to a point of intersection for the most easterly southeast corner of this tract; THENCE S. 46" 5 P 10" W. a distance of 14.15 feet to a point of intersection in the (proposed) north right-of-way line of an alley for the most southerly southeast corner of this tract; THENCE N. 880 11 ` 22" W., along the said (proposed) north right-of-way line of an alley, z distance of 399.96 feet to a point of intersection for most southerly southwest corner of this tract; THENCE N. 43" 11' 22" W. a distance of 14.14 feet to a point of intersection in the (proposed) east line of Avenue Q for the most westerly southwest corner of this tract; THENCE N. 01 ° 48' 38" E., along said (proposed) east right-of-way line of Avenue Q, a distance of 302.00 feet to a point of intersection and a corner of this tract; THENCE N. 46" 48' 38" E. a distance of 21.21 feet to a point of intersection in the (proposed) south right-of-way line of 138d' Place for a corner of this tract; THENCE S. 880 I F 22" E., along said (proposed) south right-of-way line of 138' Place, a distance of 130.00 feet to a point of intersection and an ell corner of this tract; THENCE N. 01" 48' 38" E., at a distance of 55.00 feet pass the (proposed) north right-of-way line of 138°i Place, continuing along the (proposed) east right-of-way line of an alley for a total distance of 288.65 feet to a point of intersection for most westerly northwest corner of this tract; THENCE N. 360 13' 44" E. a distance of 16.50 feet to a point of intersection in the (proposed) south right-of-way line of 1380' Street for the most northerly northwest corner of this tract; THENCE N. 700 38' 51" E., along said (proposed) south right-of-way line of 138' Street, a distance of 66.65 feet to a point of curvature for a corner of this tract; THENCE easterly, along said (proposed) south right-of-way line of 138 h street and a curve to the right, an arc distance of 161.04 feet, said curve having a radius of 436.00 feet, a delta of 21 ° 09' 46", a chord distance of 160.13 feet and a chord bearing of N. 81' 13'44"E., to a point of tangency for a corner of this tract; THENCE S. 880 1 V 22" E., continuing along said (proposed) south right-of-way line of 1381' Street, a distance of 32.09 feet to a point of intersection for the most northerly northeast corner of this tract, THENCE S. 430 08' 50" E. a distance of 21.20 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 was prepared for purposes of a zoning change request and does not represent a survey made upon the ground. This description is compiled from information obtained in previous surveys made within said Section 16 and encompassing this tract.