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HomeMy WebLinkAboutOrdinance - 2024-O0066 - Zone Case 3501, Estate Of Charles E. Prater - 05/14/2024First Reading April 23, 2024 Item No. 7.7 ORDINANCE NO. 2024-00066 Second Reading May 14, 2024 Item No. 6.33 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3501; A ZONING CHANGE FROM SF-2 TO HC ZONING DISTRICT AT 11311 UNIVERSITY AVENUE, LOCATED EAST OF UNIVERSITY AVENUE AND NORTH OF 114TII STREET, ON 7.145 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 zo:iine as here rafter made have been duly presented to the Planning and Zoning CommlSsiol, for i.s which vas received by the City Council and, after due consideration, the City ('ouncil found that clue to changed conditions, it would be expedient <:nd 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 valic' :mcr:dment to the Zoning Ordinance and Map have been fully complied with, including gi\ :n notices in compliance with Section 40.01.005 of the Code of Ordinances, Cite of Lu:-)bock, Texas, and .'lc notices provided by the Texas Local Government Coc:c §2' 1.007 (Vernon, 1990), and notice was duly published in the Lubbock Avalanche-.l o arnal more than fifteen (15) da} s prior to the date of the public hearing before t:,,2 City Cou:.cil on such proposcl amcr_dment, and the public hearing according to said r�:ouce, was held in the City Cor: roil (':,amber 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 deterrnined 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 ir, the bode of this Ordinance and this Ordinance having been introduced prior to first re.lding hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.3501 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 SF-2 to HC zoning district at 11311 University Avenue, located east of University Avenue and north of 114tn Street, on 7.145 acres of unplatted land out of Blo6i+, Section 10, City of Lubbock, Lubbock County, Texas, and being further ciescribed 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 laNv. 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 A TEST: i Courtney Paz, City Secretary APPROVED AS TO CONTENT: Y/xisten Sager, Dire fo of Planning APPROVED AS TO FORM: K 11i Leisure, Senior Assistant City Attorney vwkityatt/Kel li/ZoneCase/ZO 501 April 4, 2024 Zone Case No. 3501 Page - 2 Exhibit "A" E N G I N E E R I N G urww.R2Meng.com CIVIL - ENVIRONMENTAL - SAFETY 5012 50`h Street, Suite 204 Lubbock, TX 79414 P: (806) 783-9944 F: (806) 783-9966 Legal Description for 7.145-Acres out of the South Half of Section of Section 10, Block E A 7.145-acre Tract out of a remainder tract in the South half of Section 10, Block E, Abstract 493 GC & SF RR Co. Survey, Lubbock County, Texas conveyed to Estate Charles Prater in Instrument Number (Instr. No.) 2021767713 of the Official Public Records of Lubbock County (OPRLC), Texas and being further described by metes and bounds as follows: BEGINNING at a found P/K nail in the South Section line of said Section 10, and being in the approximate centerline of 1146, Street, and also being the southernmost SW corner of this tract, having Texas North Central State Plane Coordinates of N: 7241784.736 E: 941520.059, from which the calculated SW corner of said Section 10 bears N 88°12'30" W a distance of 355.07' THENCE through the interior of said Prater tract N 01 °48'24" E a distance of 350.12' to a found iron pin wlorange cap "HRB 4664" for an interior ell in this tract; THENCE through the interior of said Prater tract N 88'1117" W passing a found iron w/orange cap "HRB 4664" pin at a distance of 355.05% and continuing a total distance to 355.05' to a found PK nail in the approximate southbound lane of University Ave, point being the westernmost SW corner of this tract; THENCE N 01 048'41" E a distance of 309.75' to a found PK nail in the approximate centerline of University Ave. for the Northwest corner of this tract and being the SW corner of Falcon's Nest Tract "A", dedicated instr. No. 2022045636 OPRLC; THENCE S 88011'53" E along the common boundary of said Tract "A" a distance of 660.00' to a point being the Northeast corner of this tract and being the NW corner of Falcon's Nest Tract "B", dedicated inst. No. 2021046697 OPRLC; THENCE S 01°48'41" W along the common boundary of said Tract "B" passing a found iron pin at a distance of 610.00' and continuing a total distance of 659.88' to a found PK nail for the Southeast corner of this tract, and being the SW corner of said Tract "B", also being in the South line of said Section 10; THENCE N 88012'30" W along the South line of said Section 10 a distance of 304.93' to the point of BEGINNING and containing 7.145-Acres. BEARING AND COORDINATE BASIS: TX N.C.Z. coordinate system NAD 83(2011, Epoch 2010). These field notes were prepared under the supervision of Jeryl D. Hart, Jr., RPLS No. 1871 based on an actual survey on the ground on Febmary 2024. Jeryl D. Hart, Jr., RPLS No. 1871 Date: 02/27/2024 Texas Registered Engineering Firm F-9992 Texas Licensed Survey Finn 10 193 963 Texas Licensed Asbestos Consultant Agency 100535 MSHA and OSHA Authorized Outreach Trainers HUB & DBE Certified Firm