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HomeMy WebLinkAboutOrdinance - 2019-O0102 - Zone Case 3257-G - 08/13/2019First Reading July 23, 2019 Item No. 7.2 ORDINANCE NO. Second Reading August 13, 2019 Item No. 7.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3257-G; A ZONING CHANGE TO AM FROM R-1 ZONING DISTRICT AT 14101 INDIANA AVENUE, LOCATED AT THE SOUTHEAST CORNER OF INDIANA AVENUE AND 140TH STREET, ON 3.9 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 1, 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. 3257-G 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 AM from R-1 zoning district at 14101 Indiana Avenue, located at the southeast corner of Indiana Avenue and 140th Street, on 3.9 acres of unplatted land out of Block AK, Section 1, 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. in a 111 a 1X*1Z17: U-3- Io Passed by the City Council on first reading on July 23, 2019 Passed by the City Council on second reading on August 13, 2019 ATTEST: i k- eb t a Garza, City Secret-) ecre ry Zone Case No. 3257-G page - 2 of 2 APPROVED AS TO CONTENT: 4 'M 0 Kristeh Sager, Interim Pla ing Director "I t,/ APPROVED AS TO FORM: Pe' re, Assistant City Attorney vwr'cityatt/Kelli ZoneCase/ZC3257-G July 2, 2019 Zone Case No. 3257-G page - 3 of 2 HUGO REED AND ASSOCIATES, INC. 1401 AVENUE N I LU8e0CN, TEXAS 78401 10061743-4042 I FAX 0061763.3001 ammm TEXAS RE01STERE0 ENGINEERING FIRM F.700 TEXAS LICENSED SURVEYING FIRM 100676.00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A' METES AND BOUNDS DESCRIPTION of an approximate 3.9 acre tract of land located in Section 1. Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Southwest comer of this tract which bears N. 01°46'00" E. an approximate distance of 1235.5 feet and S. 88"02'16" E. an approximate distance of 55.0 feet from the Southwest corner of Section 1, Block AK, Lubbock County, Texas; THENCE N. 01046'00" E., approximately 55.0 feel East of and parallel to the West line of said Section 1, an approximate distance of 405.0 feet to a point in the South right-of-way line of 140th Street for the most Westerly Northwest corner of this tract; THENCE N. 48.51'52' E., along said South right-of-way line, an approximate distance of 21.2 feet to a point for the most Northerly Northwest corner of this tract; THENCE S. 88°02'16" E, continuing along said South right-of-way line, an approximate distance of 385.0 feet to a point for the Northeast corner of this tract THENCE S. 01°46'00" W. an approximate distance of 420.0 feet to a point for the Southeast corner of this tract; THENCE N. 88002'16" W. an approximate distance of 400.0 feet to the Point of Beginning. Contains approximately 167,888 square feet PREPARED FOR ZONE CHANGE PURPOSES ONLY. DOES NOT REPRESENT A SURVEY. Prepared for the City of Lubbock May 23, 2019