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.