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HomeMy WebLinkAboutOrdinance - 2020-O0015 - Zone Case 3404-A - 02/11/2020 First Reading Second Reading January 28, 2020 February 11, 2020 Item No. 7.11 Item No. 8.11 ORDINANCE NO. 2020-00015 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3404-A; A ZONING CHANGE TO IHC FROM T ZONING DISTRICT AT 6702 130".11 STREET, LOCATED WEST OF MILWAUKEE AVENUE AND NORTH OF 130TH STREET, ON 3.660 ACRES OF UNPLATTED LAND OUT OF BLOCK AK SECTION 19, 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.3404-A 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 IHC from T zoning district at 6702 130,1' Street, located west of Milwaukee Avenue and north of 130" Street, on 3.660 acres of unplatted land out of Block AK Section 19, 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 reading on JanuaLy 28, 2020 Passed by the City Council on second reading on February1,2020 L'_jV DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City S��y Zone Case No. 3404-A Page - 2 v APPROVED AS TO CONTENT: Bryan Isla erector of Planning APPROVED AS TO FORM: Nk - -K--*-,/ Ke li Leisure, Assistant City Attorney vw/c i tyatt/Kel l UZoneCase/LC3 404-A December 5, 2019 Zone Case No. 3404-f1 Page - 3 NGINEERING ABACU6 E SURVEYING Texas Surveying No. 101153-00 Texas Engineering Firm No.4368 2737 81 ST STREET LUBBOCK,TEXAS 79423 "Count on it" (806) 745-7870 IHC Zoning Requested FIELD NOTES on a 3.660 acre tract of land out of the Southeast Quarter(SE/4)of Section 19, Block AK, H.E. &W.T. RR. Company Survey, Lubbock County,Texas and also out of the 6.71 acre tract described in Volume 7063, Page 61, Lubbock County Real Property Records(LCRPR)and further described by metes and bounds as follows: BEGINNING at a point in the South line of Section 19 and near the center of F.M. 1585 for the Southwest corner of the 6.71 acre tract and the Southwest corner of this tract from which the Southeast corner of Section 19 bears S 889 13'02" E(Texas North Central Bearing Basis), 1497.88 feet(By Deed Calls East, 1498 feet); THENCE N 0145'56" E, with the West line of the 6.71 acre tract at 40.00 feet pass a found 318"iron rod, in all 404.92 feet to a set 112"rod with green cap marked RPLS 4460 for the Northwest corner of this tract; THENCE S 88013'03" E, with the South line of a 3.054 acre tract surveyed the same date, 521.28 feet to a set 112" iron rod with green cap for the Northeast corner of this tract; THENCE S 01 046'50"W,with the East line of the 6.71 acre tract, 147.14 feet to a found 3/8"iron rod for the Northeast corner of the Robert O. and Deanna Christopher tract described in Volume 1659, Page 803, Lubbock County Deed Records and the most Easterly Southeast corner of this tract; THENCE N 88°13'02"W,with the North line of the Christopher tract, 200.29 feet to the Northwest corner of the Christopher tract and an ell corner of this tract from which the center of a 3"metal post bears North, 0.66 feet and West, 0.61 feet; THENCE S 01'47'07"W,with the West line of the Christopher tract, at 218.01 feet pass a found 318" iron rod, in all 257.78 feet to the most Southerly Southeast corner of this tract; THENCE N 8813'02"W,with the South line of Section 19 and near the center of F.M. 1585, a distance of 320.86 feet to the PLACE of BEGINNING, containing 3.660 acres. e o These notes are based on a survey made on the ground. a;M, ..ES nNSKI September 11, 2019 ••''.;"�'•..4n.;4 Jonathan M. Cieszinski, RPLS#4460