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HomeMy WebLinkAboutOrdinance - 2023-O0127 - Zone Case 3205-A - 10/10/2023First Reading Second Reading September 26, 2023 October 10, 2023 Item No. 6.11 Item No. 6.2 ORDINANCE NO. 2023-00127 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3205-A; A ZONING CHANGE FROM IHC TO C-2 ZONING DISTRICT GENERALLY LOCATED WEST OF FRANKFORD AVENUE AND SOUTH OF 116TH STREET, ON 5.524 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 20, 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. 3205-A 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 IHC to C-2 zoning district generally located west of Frankford Avenue and south of 116'h Street, on 5.524 acres of unplatted land out of Block AK, Section 20, 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 September 26, 2023 Passed by the City Council on second reading on October 10, 2023 A TEST: Courtney Paz, City Se a Zone Case No. 3205-A Page - 2 : ' ' : IIi� � 17:j.�IZ�17►�-���� Kristen Sager, Director of Planning APPROVED AS TO FORM: .� , . K li Leisure, Semor Assistant City Attorney vw/cityatUKel I il2oneCaselZC3 205-A September 7, 2023 Zone Case No. 3205-A Page - 3 1�1:1_i I� LAND SURVEVINO 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 5.524 acre tract of land, being the same tract of land described in County Clerk File Number (CCFN) 2013028202, Official Public Records of Lubbock County, Texas (OPRLCT), being out of Section 20, Block AK, Lubbock County, Texas, and being more particularly described as follows: Beginning at a point in Frankford Avenue, and in the East line of said Section 20, for the Southeast corner of the plat limits of Hays Estates, a Subdivision out of Section 20, Block AK, Lubbock County, Texas, recorded in Volume 1644, Page 104, Deed Records of Lubbock County, Texas (DRLCT), and for the Northeast corner of this tract, whence the Northeast corner of said Section 20 is called to bear North, approximately 990 feet; Thence South, leaving said Hays Estates, with the East line of said Section 20, and with Frankford Avenue, approximately 144 feet to a point for the Northeast corner of that 5.547 acre tract described in CCFN 2013040015, OPRLCT, and for the most Easterly Southeast corner of this tract; Thence West, leaving Frankford avenue, with the North line of said 5.547 acre tract, approximately 660 feet to a point for the Northwest corner of said 5.547 acre tract, and for a corner of this tract; Thence South, with the West line of said 5.547 acre tract, approximately 186 feet to a point for a corner of the Waits tract described in Volume 6300, Page 306, Real Property Records of Lubbock County, Texas (RPRLCT), and for the most Southerly Southeast corner of this tract; Thence West, leaving said 5.547 acre tract, with the North line of said Waits tract, approximately 198 feet to a point for a corner of said Waits tract, and for a corner of this tract; Thence N00°10'07"W, with a common line with said Waits tract, approximately 30 feet to a point for a corner of said Waits tract, and for a corner of this tract; Thence N89°57'S0"W, with the North line of said Waits tract, approximately 268 feet to a point for the Southeast corner of that .0922 acre tract described in CCFN 2017020378, OPRLCT, and for the Southwest corner of this tract; Thence N00°03'31"E, leaving said Wait tract, with the East line of said 0.922 acre tract, approximately 300 feet to a point in the South line of a 20 foot alley, and in the South plat limits of said Hays Estates, for the Northeast corner of said 0.922 acre tract, and for the Northwest corner of this tract; Thence East, leaving said 0.922 acre tract, with the South line of said 20 foot alley, and with the South plat limits of said Hays Estates, approximately 1126 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. Delta Land Surveying Job No. 23426 August 3, 2023 Texas License Firm Number 10194496 Engineering Firm Number F-22948 _ U H W Y � W � Q U w Z O N Q X H � a Z 0 � � Z O a z � r"� .-�„ � w 7 � � l) W Q w N a Z � o � w Z g aa p �w0 o z� a � a w '� � = vWi W > y= � a � .. � U H � ¢w � �� w O�n „ �x zz�„ � i.^, a o � O j 0 � �+ u � a 3�l b' O�JO�>1Nb'�J� ,bb l S-N � � � '` a I o� �� WWW I ��� � "" I . �� _ ai`'-- I m N 7 F I d�N� � I� 6) � o- � 6 � �� sT � s"'��� Syo I yI I --� I I ---� I I I — — — � I — — — J �� I �' 6 6) d � 'fl�` s���� .r_'�� I Z — — —I � �o, ^ I "i I I� _ — �r s—�P — — k � h hZ OO� OO 4i �O �U W2v�Q ���N^ a 00 =� �� V � .981 S-N ,99F 5-N ' „6'6L! S-�V . 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