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HomeMy WebLinkAboutOrdinance - 2017-O0154 - Amending Zoning Ordinance 7084. Zone Case 3330 - 12/07/2017First Reading December 7, 2017 Item No. 6.7 ORDINANCE N0.~2w..OL.Ll...L.7=-0.L>.O.L.&l_.5=4 __ Second Reading December 18,2017 Item No. 7.7 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3330; A ZONING CHANGE FROM R-1 TO C-3 ZONING DISTRICT ON 15.158 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 41, 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 1986 Comprehensi-ve Land Use Plan as amended is a guide to help the Lubbock Planning and Zoning Commission and 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 1986 Comprehensive Land Use Plan as amended, which protects 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 A valanche-J oumal 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 tirst reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3330 SECTION I. 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 R-1 to C-3 zoning district on 15.158 acres of unplatted land out of Block AK, Section 41, City of Lubbock, Lubbock County, Texas, located at Northeast corner of Inler Avenue and 341h Street, 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 -~n.LIIe;...,c~emLI..U..lb~erL-7-l-,,,....2"""0ul .... 7 ______ _ Passed by the City Council on second reading on ATTEST: I APPROVED AS TO CONTENT: I_Lt k_ -. Lata Krishnarao, Interim Director of Planning Zone Case No. 3330 page-2 of2 December-18.,2.0.11.-----· DANIEL M. POPE, MAYOR APPROVED AS TO FORM: vw cityau/Justtn ZoneCasc·ZC3330 November 7, 2017 ----- Zone Case No. 3330 page-3 of2 STEVENS SURVEYING CO., LLC 631 0 Genoa Ave. Suite A, Lubbock TX. 79424 Phone: 806-687-1 569 Fax: 806-702-8995 Texas Firm Registration No. 1 0087500 E-mail: stevenssurvey@hotmail.com n orris@stevenssu rvey .com DESCRIPTION FOR ZONING REQUEST A 15.158 ACRE TRACT IN SECTION 41 , BLOCKAK E.L. & R.R. RR. CO. SURVEY, ABSTRACT NO. 1038 LUBBOCK COUNTY, TEXAS lSHEET 1 OF 2, SKETCH A TI ACHED AS SHEET 2) A 15.158 acre tract of land located in Section 41, Block AK, E.L. & R.R. RR. Co. Survey, Abstract No. 1038, Lubbock County, Texas, and being situated within that certain 57.415 acre tract of land conveyed to CD.KELL Y INVESTMENTS, LLC, described in a Warranty Deed with Vendor's Lien recorded in County Clerk's File Number 2014038174 of the Official Public Records of Lubbock County, Texas, said 15.158 acre tract being further described by metes and bounds as follows: BEGINNING at the southwest corner of said Section 41 for the southwest comer of said 57.415 acre tract and thls tract; THENCE N. 01° 51' 29" E., along the west line of said Section 41 and the centerline of F.M. Hwy. 179 (Inler Avenue), a distance of 1053 .93 feet to most westerly northwest comer of said 57.415 acre tract and the northwest corner of this tract; THENCE S. 88° 08' 31" E., along the west portion of the north line of said 57.415 acre tract, a distance of 626.49 feet to the northeast comer of this tract; THENCE S. 01° 51' 29" W. a distance of 1053.93 feet to a point in the south line of said Section 41 and the southeast comer of this tract; THENCE N. 88° 08' 31" W., along the south line of said Section 41 and the centerline of 34th Street, a distance of 626.49 feet to the POINT OF BEGINNING. Bearings are relative to said deed of record in County Clerk's File Number 2014038174. Distances are at surface, in U.S. Survey feet. This description was prepared for the sole purpose of a zoning request, and does not represent a survey made upon the ground and shall be used only for the intent as stated herein. 1 I I I I I I I I I I II II II II EXHIBJT"A" A 15.158 ACRE TRACT OF LAND IN SURVEY 41, BLOCK AK, E.L. & R.R. RR. CO. SURVEY, ABSTRACT NO.l038 LUBBOCK COUNTY, TEXAS (PA.REI-'T DEED W A.RR_.!u\!Y DEED RECORDED IN CO UK IT CLERK'S FILE NO 20 !4038174 OF THE OfFICIAL PUll UC R.ECO RDS Of Llllli>OC'K COUNTY, TEXAS) ZONE CH.-\.1\"GE REQUEST 10.61 ACRE TRACT CCFN 10060/7893 ,.... "' .... ~ ~-M Ol .,; I!) 0 ..... R.J::,~L4!ND£R OF A 57.415ACRE TRACT PARENT DEED: CCFN 2014038174 15.158 ACRES LEGEND: SCALE: 1" = 200' SO' 200' o· too· HEAVY LINES INDICATE LIMITS OF SLIRVEY 400' Sllt.ET l OF 1 DESCRIPTIO.V ...tTrr4CHED AS SHF.£T I. ~TEVENS SURVEYING CO., LLC. ttt 61/9 (i£,\Q,/ ,/I' f. . .SL'ITE A Ll.iBBOCK, TX 794U 806-687-IJ69 TEXAS HRif NO. /U087SOO JOB•' 170940 @2M 7 AU.IUGifTS R£S£RVED CAD