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HomeMy WebLinkAboutOrdinance - 2023-O0123 - Zone Case 3351-B - 10/10/2023First Reading Second Reading September 26, 2023 October 10, 2023 Item No. 6.7 Item No. 5.34 ORDINANCE NO. 2023-00123 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3351-B; A ZONING CHANGE FROM C-2 TO IHC ZONING DISTRICT AT 3201 114TH STREET, LOCATED SOUTH OF 114TH STREET AND EAST OF INDIANA AVENUE, ON 5.57 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 21, 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. 3351-B SECTION 1. THAT Ordinance No. 7084 and the Offcial 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 C-2 to IHC zoning district at 3201 114�n Street, located south of 114�h Street and east of Indiana Avenue, on 5.57 acres of unplatted land out of Block E-2, Section 21, 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 No1100 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 September 26, 2023 Passed by the City Council on second reading on October 10, 2023 AT EST: Courtney Paz, City Secret APPROVED AS TO CONTENT: � K sten Sager, Director o P nning APPROVED AS TO FORM: r elli Leisure, Senior Assistant City Attorney vwlcityatUKellilZoneCase1ZC3351-B September 7, 2023 Zone Case No. 3351-B Page - 2 1�1=� II�► LAND SURVEYIN(i ENGINEERING Delta Land Surveying and Engineering, LLC 1310 Jarvis Street Lubbock, TX 79403 806-701-5707 www.deltalbk.com Exhibit "A" Metes and Bounds description of a 5.571 acre tract of land, being a portion of that 6.360 acre tract described in County Clerk File Number (CCFN) 2018045761, Official Public Records of Lubbock County, Texas (OPRLCT), being out of Section 21, Block E-2, Lubbock County, Texas, and being more particularly described as follows: Beginning at a point in the South Right of Way line of 114th Street, described in CCFN 2009043181, OPRLCT, for the Northwest corner of Tract A, HTS Business Park, an Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat, and/or Dedication Deed thereof recorded in CCFN 2022032143, OPRLCT, and for the Northeast corner of this tract, whence the Northwest corner of said Section 21 is called to bear N89"59'55W, 1256.91 feet and North, 55.00 feet; Thence 500°01'S3"E, leaving said 114th Street, with the West line of said Tract A, approximately 524 feet to a point in the North line of that tract described as Tract C in said CCFN 2009043181 for the Southwest corner of said Tract A, and for the Southeast corner of this tract; Thence S89°59'42"W, leaving said Tract A, with the North line of said Tract C, approximately 463 feet to a point for the Southeast corner of a 0.789 acre tract, being the remainder of said 6.360 acre tract, and for the Southwest corner of this tract; Thence N00°01'S3"W, leaving said Tract C, with the East line of said 0.789 acre tract, approximately 524 feet to a point in the south line of said 114th Street, for the Northeast corner of said 0.789 acre tract, and for the Northwest corner of this tract; Thence S89"59'S5"E, leaving said 0.789 acre tract, with the South line of said 114th Street, approximately 463 feet to the Point of Beginning. Field Notes prepared for zone case purposes only. This does not represent an accurate survey made on the ground. 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