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HomeMy WebLinkAboutOrdinance - 2024-O0067 - Zone Case 3181-C, Juan Miguel Hernandez - 05/14/2024First Reading April 23, 2024 Item No. 7.8 ORDINANCE NO. 2024-00067 Second Reading May 14, 2024 Item No. 6.32 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3181-C; A ZONING CHANGE FROM OF TO NC ZONING DISTRICT GENERALLY LOCATED WEST OF NORTH FRANKFORD AVENUE AND SOUTH OF KEMPER STREET, ON 3.572 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 7, LUBBOCK, TEXAS; PROVIDING A PH.NALTY; 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 ('its Council and, after due consideration, the City Council found that due to changed cc lit :Zs, it would be expedient and in the interest of the public health, safety and geilcr.:I \� elfare 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 :)v the Texas Local Government Code §211.007 (Vernon, 1990), and notice was duly ;)ublished in the Lubbock Avalanche -Jourr.1I rlore than fifteen (15) days prior to the data: of the public licaring before the Cite Co'Jrcii on such proposed amendment, and the pi;Aic hearing accordinL� to said notice, «:ts Held in the City Council Chamber of th,: N1t:nicina1 Building, IA::)bock, Texas, at which time persons appeared in support of the proposal; and after said I:::Iring, it was by the City Council determined that it would be in the public interest, due to c,�rditions, 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 LUI3BOCK: ZONE CASE NO. 3181-C 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 OF to NC zoning district generally located west of North Frankford Avenue and south of Kemper Street, on 3.572 acres of unplatted land out of Block JS, Section 7, 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 pro\ .lion of this Ordinance shall be deemed a misdemeanor punishable by fine riot to caceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section-10.("' .000 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 April 23, 2024 Passed by the City Council on second reading on May 14.2024 ATTEST: Courtney Paz, City Secretary TRA 7 E, MAYOR Zone Case No. 3181-C Page - 2 APPROV D AS TO CONTENT: nsten Sager, Director of Planning APPROVED AS TO FORM: elli Leisure; Senior Assistant City Attorney vw/cityatt/KelIi/Z neCasc/ZC3I81-C April 4, 2024 Zone Case No. 3181-C Page - 3 131=1_ 1 A L AN D S U R VEY ING ENGINEERING Exhibit "A" ZONE NC Delta Land Surveying and Engineering, LLC 1310 Jarvis Street Lubbock, TX 79403 806-701-5707 www.deltalbk.com Metes and Bounds description of a 3.572 acre tract of land being the same tract of land described in County Clerk File Number (CCFN) 2017040240, Official Public Records of Lubbock County, Texas (OPRLCT), being out of Section 7, Block JS, Lubbock County, Texas, and being more particularly described as follows: Beginning at a found 1/2" iron rod with green cap marked RPLS 4460 in the West Right of Way line of North Frankford Avenue described in Volume 982, Page 475, Deed Records of Lubbock County, Texas (DRLCT), for the Northeast corner of that tract described in CCFN: 2018000447, OPRLCT, and for the Southeast corner of this tract, whence the Southeast corner of said Section 7 is called to bear S01°54'20"W, 1282.42 feet and S88°13'22"E, 58.77 feet; Thence N88°13'22"W, leaving said North Frankford Avenue and with the North line of said tract described in CCFN: 2018000447, a distance of approximately 296.2 feet to a set 1/2" iron rod with blue cap marked DELTA LAND SURVEYING in the East line of the Plat Limits of Lots 54-140, Uptown West, an Addition to the City of Lubbock, Lubbock County, Texas, as recorded in CCFN: 2020005809, OPRLCT, for the Southwest corner of this tract; Thence N01°54'09"E, leaving said tract described in CCFN: 2018000447 and with the East line of said Plat Limits of Lots 54-140, Uptown West, an Addition, approximately a distance of 525.6 feet to a set 1/2" iron rod with blue cap marked DELTA LAND SURVEYING for the Southwest corner of that tract described in CCFN: 2017041499, OPRLCT, and for the Northwest corner of this tract; Thence S88*17'37"E, leaving the East line of said Plat Limits of Lots 54-140, Uptown West, an Addition and with the South line of said tract described in CCFN: 2017041499, approximately a distance of 295.7 feet to a found 1/2" iron rod with yellow cap marked HRA in the West Right of Way line of said North Frankford Avenue for the Southeast corner of said tract described in CCFN: 2017041499 and for the Northeast corner of this tract; Thence S01°50'48"W, leaving said tract described in CCFN: 2017041499 and with the West Right of Way line of said North Frankford Avenue, approximately a distance of 525.9 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. 24043 February 27, 2024 Texas License Firm Number 10194496 Engineering Firm Number F-22948 II I� I I ^ KEMPER STREET (cca/: r a�lsao>vrs/ WR B K [AAEI G?IXiP lZC 37'C 2 588' f 7'37'E 95.7' !,a t IN ry N N ; s72 56,60T � /ry ° I I ne !I9 �_JJJ N56'13'22 W 296.2' CO/ F.FPFA3F G�iq'/P, t1C I.1S1 .CCRE',s PROM iH15 PdNF, TF/E SOUINF/Si COnfICR OF CALLED i0 3G sor,5;:,- 12N-t2' M'. s.B91' SR,77 J f ZONE CASE SKETCH ON A 3.572 ACRE TRACT BEING ALL OF THE TRACT DESCRIBED IN COUNTY CLERK FILE NUMBER 2017040240, Of PICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS, AND BEING OUT O F SECTION 7, BLOCK JS, LUBBOCK COUNTY, TEXAS SCALE: 1" • 100' SURVEYED FOR: ARIGUEL RERNANDEZ SET 1/2' IRON RCo YATN RILE CAP MANNED DELTA LAND 5URYEYI.NC FD. 1/2- IRON ROD — YELLOW CAP D 100 200 ® MARKED HRA `D. 112' IRCN R00 Will GREEN GP MARKED RPLS RK60 P.O.R. POINT CF BEGINNING CCFN CCUNT CLERK FILE NUMBER FOR ZONE CASE PURPOSES ONLY. THIS DOES NOT REPRESENTATRUE AND ACCURATE SURVEY ON THEGROUND