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HomeMy WebLinkAboutOrdinance - 2019-O0011 - Zone Case 3367 - 01/22/2019First Reading Second Reading January 10,2019 January 22,2019 Item No.7.10 Item No.9.10 ORDINANCE NO.2019-00011 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:ZONE CASE NO.3367;A ZONING CHANGE FROM T TO IHC ZONING DISTRICT AT 4514 130th STREET,AT THE NORTHWEST CORNER OF QUAKER AVENUE AND 130™STREET,2 ACRES OF UNPLATTED LAND OUT OF BLOCK E2,SECTION 23,AB 271 TRACT 4A, VALLEY VIEW ACS,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 Interim 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 Interim 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 oi'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.3367 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 T to IHC zoning district at 4514 13011 Street, at the northwest corner of Quaker Avenue and 130th Street, 2 acres of unplatted land out of Block E2, Section 23, AB 271 Tract 4A, Valley View ACS, 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 January 10, 2019 Passed by the City Council on second reading on January 22, 2019 ATTEST: Re ecca Garza, City Secre ar DANIEL M. POPE, MAYOR Zone Case No.3367 page - 2 of 2 APPROVED AS TO CONTENT: � L AJ Fa , Director of Planning APPROVED AS TO FORM: IA /'Y�' K lli Leisure, Assistant City Attorney vw/cityatt/Kell i/ZoneCase/ZC3367 December 4, 2018 Zone Case No.3367 page - 3 of 2 CLOSING DOCUMENTS (Composite Form) TITLE COMPANY: Western Title Company GF No.: 77281 Buyer(s) Name: Charles Bolton Bolton Oil Company, Ltd., a Texas limited partnership Seller(s) Name: Pelones Concrete Lender: Property: METES AND BOUNDS DESCRIPTION of a 2.00 acre tract being a portion of a 15.00 acre tract described in Volume 1944, Page 622, Deed Records, Lubbock County, Texas, located in Section 23, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a found 3/8" iron rod which bears North 50.00 feet and S. 89*56' E. 4266.39 feet from the Southwest corner of Section 23, Block E-2, Lubbock County, Texas, for the Southwest and beginning corner of this tract; THENCE North a distance of 647.5 feet to a found 3/8" iron rod at the Northwest corner of this tract; THENCE S. 89056' E. a distance of 134.55 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract; a. THENCE South a distance of 647.5 feet to a 1/2" iron rod.with cap set for the Southeast corner of this tract; THENCE N. 89056' W. a distance of 134.5 feet to the POINT OF BEGINNING. NOTE: The Company is prohibited from insuring the area or quantity of land described herein. Any statement in the above legal descriptions of area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational purposes and/or identification purposes and does not override Item 2 of Schedule B hereof. By initialing one or more of the following items as may be appropriate for this transaction, each SELLER and/or BUYER acknowledges his understanding of the disclosures being made by the TITLE COMPANY and affirms the representations made by them to the TITLE COMPANY as indicated. Each such disclosure or representation may jointly benefit both the TITLE COMPANY and its title insurance underwriter -in -interest. Singular reference to "Seller" and "Buyer" includes multiple individuals/entities identified above. Any numbered item not applying to this transaction may be crossed out.