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HomeMy WebLinkAboutOrdinance - 2019-O0156 - Zone Case 3398 - 11/05/2019 First Reading Second Reading October 22,2019 November 5, 2019 Item No. 7.4 Item No. 7.5 ORDINANCE NO. '201-p-0.01.4.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3398; A ZONING CHANGE TO R-2 FROM C-3 ZONING DISTRICT AT 14501 UNIVERSITY AVENUE, LOCATED ON THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND 146TH STREET, ON 7.107 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 16, 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.3398 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 to R-2 from C-3 zoning district at 14501 University Avenue, located on the northeast corner of University Avenue and 146th Street, on 7.107 acres of unplatted land out of Block E, Section 16,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 reacting on Passed by the City Council on second reading on Nnvemher 5 2(119 O DANIEL M. P E, MAYOR ATTEST: Je cca aria, City Sec e pry Zone Case No. 3398 wage-2 of 2 APPROVED AS TO CONTENT: Krist n Sager, InterimD6-"ctor of Planning APPROVED AS TO RM: kelli Leisure, Assistant City Attorney v w/c ityatVKel I i/Zo neCase/ZC3398 October 4,2019 Zone Case No. 3398 page-3of2 6310 Genoa Ave.Suite A,Lubbock TX. 79424 Phone:806-687-1569 Fax:806-702-8995 Texas Firm Registration No. 10087500 E-mail:info@stevenssurvey.com norris@stevenssurvey.com A 7.107 ACRE TRACT IN THE SOUTHWEST QUARTER OF SECTION 16, BLOCK E, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NO. 1000, LUBBOCK COUNTY,TEXAS Sheet l of 2 (Sheet 1 of 2, Sketch of tract attached herewith as Sheet 2 of 2) A 7.107 acre tract of land located in the Southwest Quarter (SW/4) of Section 16, Block E, G.C. & S.F. RR. Co. Survey, Abstract No. 1000, Lubbock County, Texas, and situated within that certain 123.943 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number 2017007995 of the Official Public Records of Lubbock County, Texas, said 7.107 acre tract being further described by metes and bounds as follows: BEGINNING at a point of intersection in the (proposed) north right-of-way line of 146th Street for the most southerly southwest corner of this tract and having coordinates of Northing: 7,231,265.49 and Easting 941,274.48, Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence a railroad spike found at the southwest corner of said Section 16 and near the centerline of University Avenue bears S. 01° 32' 10" W. a distance of 59.14 feet and N. 88° 27' 50" W. a distance of 422.51 feet, said section corner having coordinates of Northing: 7,231,217.68 and Easting: 940,850.64, Texas Coordinate System of 1983 (2011), Texas North Central Zone; THENCE N. 480 07' 37" E. a distance of 13.82 feet to a point of intersection in the (proposed) west right-of-way line of an alley for a corner of this tract; THENCE N. 010 51' 20" E., along the said (proposed) west right-of-way line of an alley, a distance of 318.92 feet to a point of intersection for a confer of this tract; THENCE N. 430 08' 40" W. a distance of 21.21 feet to a point of intersection in the (proposed) south right-of-way line of an alley for a corner of this tract; THENCE N. 880 08' 40" W., along the said (proposed) south right-of-way line of an alley, a distance of 352.16 feet to a point of intersection for corner of this tract; THENCE S. 460 51' 20" W. a distance of 14.14 feet to a point of intersection in the (proposed) east right-of-way line of S. University Avenue for the most westerly southwest corner of this tract; THENCE N. Oto 5l' 20" E., parallel with and 55.00 feet east of the west line of said Section 16 and along the said (proposed) east right-of-way line of S. University Avenue, a distance of FW 6 (�.47 y4 ¢O Z 1w.ww O2 .^•tiw Og - 2 O$Nr y cr X02 ❑p �O OZ K= `1 yG F V N F. J l;J=C h C H w Y- ...1 F N m K -Z-W F-Z y ti N oz Z � e J d s C X �UVFwiF LLt1Q°�[ vl"i fo�¢ma¢y a u �- Qr` a O w L•JnE�jaYi = cl V05W%OOz v NZ,ao F - 1 Z YI jO amwV NN .. i7 ma'im¢ww E"' WRQ �vau Q rn G�]Qi�,Y. `�+uo V Wu� Q�Vau�moau� a V�:)CC adF2E 0 a o �F n+u �CA L3,'� %� � , •`i l n l G. 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A'OJ1J8S 1 I ______ rOY NRONIONN011.w(,:lO) i (n\��lONNO/1 z Y.710.7(D 1 Z y 301.97 feet to a 1/2" iron rod with cap marked "Stevens RPLS 4339" found at a point of intersection for the most westerly northwest corner of this tract, same being a corner of the plat limits of Bell Farms, Lots 458 through 595, Tracts A and B, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in County Clerk's File Number 2019004735 of the Official Public Records of Lubbock County, Texas; THENCE easterly and southerly along the plat limits of said Bell Farms the following calls and monumented with a 1/2" iron rod with a cap marked "Stevens RPLS 4339"either found or set at each point of intersection and corner of said plat limits and this tract: N. 46° 51' 20" E. a distance of 14.14 feet to a point of intersection in the south right-of-way line of an alley; S. 88° 08' 40" E. a distance of 654.00 feet to a point of intersection in the south right-of-way line of an alley; S. 43° 08' 40" E. a distance of 21.21 feet to a point of intersection in the west right-of-way line of an alley; S. 01' 51' 20" W. a distance of 622.86 feet to a point of intersection in the west right-of-way line of an alley; S. 46°41' 45" W. a distance of 14.18 feet to a point of intersection in the north right-of-way line of said 146t1i Street for the most southerly southeast corner of this tract;0 THENCE N. 880 27' 50" W., along the said (proposed) north right-of-way line of 146th Street, a distance of 218.96 feet to a point of intersection for corner of this tract; THENCE N. 850 36' 05" W., along the said (proposed) north right-of-way of 146`' Street, a distance of 82.96 feet to the POINT OF BEGINNING. Bearings are based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. Distances are at surface, in U.S. survey feet. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. This description is compiled from information obtained in deeds and previous surveys made within said Section 16 and encompassing this tract. 190821 7.107 Ac.