HomeMy WebLinkAboutOrdinance - 2017-O0094 - Zone Case 3241-A Zone Change AM- C-2 130Th Street - 08/10/2017First Reading
July 27, 2017
Second Reading
August 10, 2017
Item No. 7.5 Item No. 7.12
ORDINANCE NO. 7n1-_nnnOA
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3241-A; A ZONING CHANGE FROM AM TO C-2
ZONING DISTRICT ON 12.198 ACRES OF UNPLATTED LAND OUT OF BLOCK
E-2, SECTION 21, 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 Comprehensive 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 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.3241-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 from AM to C-2 zoning district on 12.198
acres of unplatted land out of Block E-2, Section 21, City of Lubbock, Lubbock
County, Texas, located at 2902 130th 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.
Passed by the City Council on first reading on July 27, 2017
Passed by the City Council on second reading on August 10, 2017
ATTEST:
Rebe ca Garza, City Secretary
DANIEL M. POPE, MAYOR
Zone Case No. 3241-A
page - 2 of 2
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
r
Justin D tt, Assis nt City Att
vw/cityatt/Justin/ZoneCase/ZC3241-A
July 6, 2017
Zone Case No. 3241-A
page - 3 of 2
AFF 2014007413
TITLE ONE 7 PGS
Counter Filino
TEX. PROP.CODE 5.028 CORRECTION INSTRUMENT
(Special Warranty Deed With Vendors Lien) )5S5 �` 7 vr�—
Type of Document Name
*** NOTICE TO COUNTY CLERK -PLEASE INDEX AS FOLLOWS:
Description of Original Instrument:
Special Warranty Deed with Vendor's Lien filed December 18, 2013 in Clerks No:
2013049297
Grantor: KPA Ministries, Inc., a Texas corporation doing business as KINGDOM
PREPARATORY ACADEMY
Grantee: ENRICO G. AGUAS and TERESITA AGUAS and BLUE HORSE
CAPITAL, LLC, a Texas limited liability company
Affiant:
Affiant on oath swears that the following statements are true and correct and are
within the personal knowledge of Affiant:
1. My full legal name is Gregory A. Noyola, and I am over the age of eighteen (18)
years and qualified to make this Affidavit.
2. I am employed as an Escrow Officer of Title One, Digital Title Services, LLC. I
closed the transaction relating to the Original Instrument and have personal knowledge of
the facts relevant to the correction of the Original Instrument, having reviewed all
documents.
3. I am making this Affidavit as a correction instrument pursuant to Section 5.028 of
the Texas Property Code, with regard to the following non -matter error in the Original
Instrument.
FIELD NOTES on a 12.193 acre tract out of Sermon 2 1, Block E-2, Lubbock County. Texas being further described by metes and
bound as fotlows:
BEGINNING at a point near the center of F-M. 1585 for tha Southwest comer of this tract whence the Southwest corner of section
21. Block E-2 bears N 88'0713` W fTexas North Cen"I Zone Bea 9 Basis), 2148 63 feet:
THENCE N 01'43'40' E, with the East One of the tract described ut County Ct" Fife No: 2010037777, Lubbock County Otkml
Public Records. (LCOPR), at 40.0 feet pass a found and with fellow cap in the North Right of Way tine of F,M.1 BS, in aif a distance
of 349.84 feat to a set Ur rod with stainless steel cap marked Abacus Eng4neering RPLS 4460 tar the Northwest comer of this tract
and the Southwest comer of a 6T.7t6 acre tract surveyed on the same date:
THENCE S 881o2' 1r3` E. with the South Hns of the 67,716 we tract, at 30 feet pass a set 1!2' rod with sWrslew steel tap. vt an
1436.24 feet to a set 112" rod with stainless skeet cap in the West Inc of the tract described in Lubbock County Clerk Fla No.
20o800S475. LCOPR for the Northeast comer of this tract;
THENCE S 01'44"!r W. with the West tine of the tract described in County Clerk Fite No. 2008005475. LCOPR, at 330 to feet pass
a found 5.'8' inxt rod in the North Right of Way line Of F.M. 1S8S, in all 370.10 feet to a point near the center of F.M. 1585 for the
Southeast comer of this trap;
THENCE N 88`02'13' W. with the South fine of Section 21 and with F.M. 1585. a distance of 1434 92 feet to the Place of Beginning
and containing 12.193 Acres including any Right of way.
4. The Original Instrument should correctly read as follows with respect to the non-
dad
-YYIa-6t,
Before me Terry_E. Osborn a Notary Public in and for Lubbock County, Texas on this day,
personally appeared Pili Linares of the Southwestern Newspaper Corporation, publishers
of the Lubbock Avalanche -Journal — Morning, and Sunday, who being by me duly sworn did depose and say
that said newspaper has been continuously for more than fifty-two weeks prior to the first insertion of this
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Legyal Notice No.
at Lubbock County, Texas and the
attached printed copy of the Le�gaI Notice is a true copy of the original and was printed
in
OFSALES
Subscribed and sworn to before me this I day of 2017
a
Journal on the following dates: at
44
NTAt PUBLIC in �anLdt the State of Texas
My commission expires: 12-15-2017
LUBBOCK AVALANCHE -JOURNAL.
Morris Communication Corporation, LLC o�P'AYP TERRY E. OSBORN
* 'notary Public, Slate of Texas
�P9 My Commissbn Expires 12.15.2017
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Terry E Osborn a Notary Public in and for Lubbock County, Texas on this day,
personally appeared Vickie Cypert of the Southwestern Newspaper Corporation, publishers
of the Lubbock Avalanche -Journal — Morning, and Sunday, who being by me duly sworn did depose and say
that said newspaper has been continuously for more than fifty-two weeks prior to the first insertion of this
Legal Notice No.
at Lubbock County, Texas and the
attached printed copy of the Legal Notice is a true copy of the original and was printed
in the Lubbock Avalanche-Journ 1 on the following dates(��
Advertising Billing Cdordinator
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation, LLC
NO AR BLIC in and for the State of Texas
My commission
Subscribed and sworn to before me this ay of2017
017
O.�pRY PUq�o TERRY E. OSBORN
* Wtary Public, State of Texas
4 OF9 My Commission Expires 12.15-2017