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HomeMy WebLinkAboutOrdinance - 2023-O0049 - Zone Case 2985-D - 05/09/2023First Reading April 25, 2023 Item No. 7.8 ORDINANCE NO. 2023-00049 Second Reading May 9, 2023 Item No. 6.27 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2985-1); A ZONING CHANGE FROM A-2 TO C-3 ZONING DISTRICT AT 5720 114TH STREET, LOCATED NORTH OF 114TH STREET AND EAST OF FRANKFORD AVENUE, ON 0.405 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 25, 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.2985-D 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 from A-2 to C-3 zoning district at 5720 114th Street, located north of 114th Street and east of Frankford Avenue, on 0.405 acres of unplatted land out of Block E-2, Section 25, 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 25, 2023 Passed by the City Council on second reading on May 9, 2023 ATTEST: Paz, `L ity APPROVED AS TO CONTENT: vz�w�'- Kristen Sager, Director of Planning APPROVED AS TO FORM: &Aa& elli Leisure, Senior Assistant City Attorney vw/cityatt/Kel l i/ZoneCase/ZC2985-D April 6, 2023 Zone Case No. 2985-D Page - 2 Parkhill PROPOSED RE -ZONE OF A 0.4-ACRE (+/-) TRACT OF LAND IN PROPOSED RE -ZONE to C-3 SECTION 25, BLOCK E-2, LUBBOCK COUNTY, TEXAS A 0.4-acre (+/-) tract of land in Section 25, Block E-2, Lubbock County, Texas, being situated in that certain tract of land conveyed to Panhandle Land Investments, described in a special warranty deed recorded in County Clerk's File Number 2021000735 of the Official Public Records of Lubbock County, Texas, said 0.4-acre tract being described as follows: BEGINNING at a point for the southwest corner of this tract, whence the southwest corner of said Section 25 bears North 88 degrees 13 minutes 31 seconds West a distance of 787.24 feet (more or less) and South 01 degrees 46 minutes 29 seconds West a distance of 61.93 feet (more or less); (1) THENCE North 01 degrees 46 minutes 31 seconds East a distance of 260.34 feet (more or less) to a point for the northwest corner of this tract; (2) THENCE South 88 degrees 29 minutes 32 seconds East a distance of 67.71 feet (more or less) to a point for the northeast corner of this tract; (3) THENCE South 01 degrees 46 minutes 31 seconds West a distance of 260.06 feet (more or less) to a point for the southwest corner of this tract; (4) THENCE North 88 degrees 43 minutes 45 seconds West a distance of 67.71 feet (more or less) to the POINT OF BEGINNING. Bearings are relative to zoning descriptions recorded in City Ordinance 2016-00179, Zone Case 2985013-12152016. A sketch of this proposed rezone is included on Page 3 of this document. This description was prepared from record documents and does not represent a survey made upon the ground. It should not be used for property conveyance. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Andy Bean January 26, 2023 Page 2 of 3 Texas Registered Surveying Firm # 10194091 Parkhill.eom