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HomeMy WebLinkAboutOrdinance - 2018-O0139 - Amending Zoning Ordinance 7084. Zone Case 2261-E - 12/06/2018First Reading December 6, 2018 Item No. 7.2 ORDINANCE NO. 2018-QQJ 39 Second Reading December 17. 2018 Item No. 7.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2261-E; A ZONING CHANGE FROM GO TO C-2A ZONING DISTRICT ON 1.7 ACRES OF UNPLATTED LAND OUT OF BLOCK E2 SECTION 28 AB 898, 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 Interim 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 recogni/e that the zone change is a minor deviation from the 2040 Interim Future Land 1 lse 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. 2261-E SECTION 1. THAT Ordinance No. 708-+ 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 GO to C-2A zoning district on 1. 7 acres of unplatted land out of Block E2 Section 28 AB 898, City of Lubbock, Lubbock County, Texas, located North of 65th Street, West of Chicago Avenue, 6302 Chicago Avenue, 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 Noll 00 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 __ _.D==--e=c=e=m=b=e..._r----"6'-'-. -=2-=-0.._18'-'------ Passcd by the City Council on second reading on __ _,,D"""'e .... c ... e .... m...,b .... e,.___r ..__17_.__., ..... 2 .... 0....,1 .... 8 ___ _ ATTEST: _Q~_ -··- Re~ct Garza, City Secretary APPROVED AS TO CONTEN . ~ ~ A.D;r, Director of Planning APPROVED AS TO FORM: v · cit)alt/ Am)'IZoncCasc/ZC226 l-E November 6, 2018 ey DANIEL M. POPE, MAYOR Zone Case No. 2261-E page -2 of 2 ~ PARKHILLSMITH& A 1. 7-ACRE TRACT OF LAND IN SECTION 28, BLOCK E-2, C. & M. RR. CO. SURVEY, ABST. NO. 898, LUBBOCK COUNTY, TEXAS 4222 85th Street Lubbock Texas 79423 806 473 2200 A 1.7-acre tract of land in Section 28, Block E-2, C. & M. RR. Co. Survey, Abstract Number 898, Lubbock County, Texas, being a portion of that tract of land conveyed to First Church of the Nazarene, described in a warranty deed recorded in Volume 3614, Page 332 of the Real Property Records of Lubbock County, Texas, said 1.7-acre tract being further described by metes and bounds as follows: BEGINNING at a point in the north right-of-way line of an alley dedicated with the plat of Chicago Court Villas, Lots 14 through 27, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 4971, Page 169 of the Real Property Records of Lubbock County, Texas, in the east right-of-way line of an alley dedicated with the plat of Farrar Del Norte, Lots 1 through 180, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1587, Page 636 of the Real Property Records of Lubbock County, Texas at the southwest corner of said parent tract for the southwest corner of this tract, whence the southwest corner of said Section 28 bears North 89 degrees 54 minutes 45 seconds West a distance of 1650.00 feet and Due South a distance of 528.00 feet; (1) THENCE Due North, along the east right-of-way line of said alley and the west line of said parent tract, a distance of 140.00 feet to a point at the southwest corner of Lot 2, Farrar Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 3752, Page 200 of the Real Property Records of Lubbock County, Texas, for the northwest corner of this tract; (2) THENCE South 89 degrees 54 minutes 45 seconds East a distance of 531.82 feet to a point at the southeast corner of said Lot 2, Farrar Park, in the east line of said parent tract and the west right-of-way line of Chicago Avenue, as dedicated with the plat of Tract A, Farrar Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1884, Page 294 of the Real Property Records of Lubbock County, Texas, for the northeast corner of this tract; (3) THENCE South 00 degrees 05 minutes 15 seconds West, along the west right-of-way line of said Chicago Avenue, a distance of 125.00 feet to a point of curvature at the most easterly southeast corner of said parent tract for the most easterly southeast comer of this tract; Texas Registered Surveying Firm# 10194091 Page I of 3 (4) THENCE southwesterly, along a curve to the right, said curve having a radius of 15.00 feet, a delta angle of 90 degrees 00 minutes 00 seconds, and a chord distance of 21.21 feet to a point of tangency in the north right-of-way line of said alley dedicated with the plat of Chicago Court Villas, at the most southerly southeast corner of said parent tract, for the most southerly southeast corner of this tract; (5) THENCE North 89 degrees 54 minutes 45 seconds West, along the south line of said parent tract, a distance of 516.61 feet to the POINT OF BEGINNING. This description is based on a compilation of record documents and does not constitute a survey made upon the ground. Bearings and distances are based on previously recorded deeds and plats. There may be discrepancies between record documents and monuments found during the process of a field survey. This description accompanies a sketch on page 3 of th is document. This description and sketch are to accompany a request for zoning change and should not be used for property conveyance. Page 2 of3 I I ---, I ,or 2 F,w,w:l PARN HlL J"-2, PG. 200 I I 1il • ...J':' ~--~I h; I,. ..... ---------s-.s9--s-,·,-s-,.-5.1-,-.,u------------1 ii"",. I~ ,. J~~ th Pa . ._ ~ ~-~I Q I!! ~ ~1c;i,~. ; ~ ij iiS m.r... JlJJ"lf. PG . .J.J2 R • ,s.oo· M SOUIIMST crJmilR OI" a • 90-0000• 1::, sEcOO,, 211, BLOCK C-2 iJORS r. 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BCAR111r;s AND o,srNICES MC S,,SCD OIi P/1£WJI/SL Y RE:CDRDt:D Off//5 MD Pu.rs. mcRf w r li< /llSCRCPANCIC'i 8£TWffN RE:CORO DIICIMIQ<15 AND WMJJ.ID/IS l'rMID DUR1/IC JH£ PROaSS or A F!El.O Sa'i,O: THIS ,;,,;era, ACCOIJPANIE:S A MCTD MO fl{)UNIJS IJE:SCRIPIIOI< QN l'A«S I MO 2 or r>IIS OOCWENr. rll/S OCSCIIIP/1();/ MD ,;,,;uc., MC Ill ACCOiWPAM' A R!DIJ£S7 f'Ofl ZOffl>IC OW/CE MO SHOUI.D !<Or 8E: USCO f'Ofl Pf«JPERr, ,;,,,;i,fY.wcC. SKETCH OF A 1.7-ACRE TRACT IN SECTION 28, BLOCK E-2, C. & M. RR. CO. SURVEY, ABST. NO. 898, LUBBOCK COUNTY, TEXAS PAGCJOFJ PARKHILL Sr~rf.':'.!.£2~=~ -4222 1!15TH STREET LUB-BOC'K_ TIC 1!:1.1123 !!06.lli3220il