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HomeMy WebLinkAboutOrdinance - 2023-O0105 - Zone Case 3486 - 09/12/2023First Reading August 22, 2023 Item No. 7.15 ORDINANCE NO. 2023-00105 Second Reading September 12, 2023 Item No. 5.47 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3486; A ZONING CHANGE FROM T TO C-4 ZONING DISTRICT AT 11213 UNIVERSITY AVENUE, LOCATED NORTH OF 114TH STREET AND EAST OF UNIVERSITY AVENUE, ON 2.852 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 10, 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 Codc 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 supporl 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 thc Zoning Map be amcnded 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 ORDAINEll BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3486 SECTION 1. THA1' 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 C-4 zoning district at 11213 University Avenue, located north of 114`" Street and east of University Avenue, on 2.852 acres of unplatted land out of I31ock E, Section 10, City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNllS 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 Au�ust 22, 2023 Passed by the City Council on second reading on September 12, 2023 AT EST: Co ey Paz, City Secretary APPROVED AS TO CONTENT: Kr' �ten Sager, Director f Planning APPROVED AS TO FORM: � elli Leisure, Senior Assistant City Attorney vwlcityatdKel l il2oneCase1ZC3486 7.28.23 Zone Case No. 3486 Page - 2 Proaertv Descriation from Survev PROPERTY DESCRIPTIOf 1V: A 2.852 acre lracl of lund be�ng a por�ion of lha� cerlain lract described in Warrunly Deed i•ecorded in Volun�e /607, Pag� 672 of the Deed Records of Lt�bbock Cotinty, Texns, all lying in Section ! 0, Block E, Lubbocjk Counry, Te.ras, said 2.852 acre tract being more particularly rl�scri6e�d 6y m�s cmc� hvurtrl.• BECINNlNC at the Southwe. THENCE North 01 degree � distance uf 350.00 feet to a po Centra! Zvne, NAD83) as f�flvws; t corner of Section I0, 7 minu�es S7 seconds Eust, along !he WEsI /ine of Seclion 10, u zt; (Benrings reallrve to the Texas Covrdinate Sysiem, Nurth THENCE Sou�h 88 degrees III minutes 2S seconds East, at a distance of SS.O feet pass a 3/8" iron rod tivith cap mcrrked �'HBD" set for reference, continue fnr a lotnl di.stance of 355, DO feet to a 3/8" iron rod with capl marked "NBD"set; THENCE South 01 degree 7 minutes S7 seconds West, n1 n distnnce of 300. 00 feet pass a 3/8" iron rod wilh cup marked "HBD" sel in the Norlh line of 1141h Streer, conlinue for a�o1a/ dislunce of 350.00 feet 10 u poi 1 on Ihe South line of Section 10; THENCE North 88 degrees 11 minuts 2S secvnds West, alogn the South line of Section !0, a distance of 355. 00 feet to the POINT OF BEGINNINC; Said tract contains a comput d area of 2.852 acres of land, of which 0. 786 crcres !ie �vithin right of wcry easements for Un versity Avenue and 114th Street. Written Explanation Currently this site is unzoned and in the ETJ of Lubbock, TX. We are requesting this site be annexed into the city and zoned as a C-4 Commercial property. This will allow the proposed circle k gas station to be constructed and connected to city utilities.