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HomeMy WebLinkAboutOrdinance - 2019-O0079 - Zone Case 3381 - 07/09/2019( First Reading June 25, 2019 Item No. 7.6 ORDINANCE NO. Second Reading July 9, 2019 Item No. 7.11 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3381; A ZONING CHANGE TO GO FROM R-1 SPECIFIC USE ZONING DISTRICT AT 4601 114TH STREET, LOCATED SOUTH OF 114TH STREET AND WEST OF QUAKER AVENUE, ON 2.8 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 23, 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 2040 Future Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and the 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 2040 Future Land Use Plan, which protects the 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 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.3381 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 GO from R-1 Specific Use zoning district at 4601 114th Street, located south of 114th Street and west of Quaker Avenue, on 2.8 acres of unplatted land out of Block E-2, Section 23, 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 June 25 2019 Passed by the City Council on second reading on July 9, 2019 ATTEST: Reb t a Garza, City Secret y J IFFITH, MAYOR PRO TEM. Zone Case No. 3381 page - 2 of 2 APPROVED AS TO CONTENT: eager Ke Ili Leisure, Assistant City Attorney vw/cityatt/Kel l i/ZoneCase/ZC33 81 June b, 2019 Zone Case No. 3381 page - 3 of 2 HUGO REED AND ASSOCIATES, INC. f601 AVENUE N I LUBBOCK. TEXAS 7*401 ! 6*6/763-**42 / PAX 666l763.3"i TEXAS REGISTERED ENGINVERIN4 FIRM F-760 TEXAG LICENSED SURVEYING FIRM 1006>'6-0* LAND SURVEYORS CIVIL ENGINEERS PROPOSED C13-3 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of a 2.8 acre tract of land located in Section 23, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point For the Northwest comer of a tract of land previously zoned CB-3, for the Northeast corner of this tract which bears N. 88.13'52' W. an approximate distance of 1278.7 feet from the Northeast comer of Section 23, Block E-2, Lubbock County, Texas; THENCE S. 01 °46'08' W., along the Western boundary of said tract zoned CB-3, an approximate distance of 302.9 feet to a point; THENCE S. 43*11'23" E., continuing along the Western boundary of said tract zoned CB-3, an approximate distance of 1351.2 feet to a point in the Southern boundary of said tract zoned CB-3; THENCE S. 88`11'23- E., along the Southern boundary of said tract zoned CB-3, an approximate distance of 322.9 feet to a point In the East line of said Section 23, Block E-2 for the Southeast comer of said tract zoned CB-3; THENCE S. 0104TI2" W., along the East line of said Section 23, Block E-2, an approximate distance of 60.00 feet to a point for the Southeast corner of this tract; THENCE N. 88011'23" W. an approximate distance of 347.7 feet to a point for the Southwest corner of this tract; THENCE N. 43011'23" W. an approximate distance of 1400.8 feet to a point; THENCE N. 01.46'08" E. an approximate distance of 327.8 feet to a point in the North line of said Section 23, Block E-2 for the Northwest corner of this tract; THENCE S_ 88°13W" E., along the North line of said Section 23, Block E-2, an approximate distance of 60.0 feet to the Point of Beginning. Contains: Approxknately 2.8 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.