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HomeMy WebLinkAboutOrdinance - 2020-O0069 - Zone Case 2895-OFirst heading May 12, 2020 Item No. 7.5 ORDINANCE NO. 2020-00069 Second Reading May 26, 2020 Item No. 8.15 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAI' OF THE CITY OF LU1313OCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 289S-0; A "ZONING CHANGE FROM GO AND A-2 TO C-3 ZONING DISTRICT AT 6305 AND 6303 82`n STREET, LOCATED SOUTH OF 82`D STREET AND EAST OF MILWAUKEE AVENUE, ON BETENBOUGH 11 ADDITION, TRACTS A AND B-1, ANI) 0.72 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 28, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND, PROVIDING 1` 0R PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly presented to (lie ]'fanning and 'Zoning Commission for its recommendation which was received by the City Council and. alicr due consideration. the City COLliacil Inund that clue 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, 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 Avalariche-Journal more than fifteen (15) days prior to the date of the public bearing 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 C itv 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 scat firth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof. NOW THEREFORE: BE IT ❑RDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.289a-O SECTION 1. THAT Ordinance No. 7084 and the Official "Zoning Mal) are amended as fellows: A change of zoning under the provisions of Section 40.01.005 of the Code of' Ordinances of the City of Lubbock from GO and A-2 to C-3 zoning district at 6305 and 6303 821" Street, located Knuth of 82" Street and cast of Milwaukee Avenue, on Betenbough 11 Addition, Tracts A and 13-1, and 0.72 .acres of unplatted land out of Block AK, Section 28, City of Lubbock, [..ubbock 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 May 12, 2020 Passed by the City Council on second reading on Mae 2/6,22020 L'- V DANIEL M. POPE, MAYOR ATTEST: Re ec a Garza, City Sec" ary APPROVED AS TO CONTENT: Br an ita—m D51irector of Planning APPROVED AS TO FORM: Kelli Leisure, Assistant City Attorney v, /cityatt/Kelli/Zo.cCasc/ZC2#95-0 April 2. 2020 Zone Case No. 2895-0 Page - 2 6310Genw Ave.SuiteA Wbboh TX. 79424 Phom:806-687-1569 Fax:806-702-8995 Texas Finn Registration No. 10087500 E-mall: infu®steverosurveyxom nonis®8evenssurveycom DESCRUMON FOR A ZONING CHANGE REQUEST IN SECTION 28, BLOCK AK, LUBBOCK COUNTY, TEXAS (Sheet I of 2, Sketch of tract attached as Sheet 2) A 0.7155 acre tract of land located in Section 28, Block AK, Lubbock County, Texas, being the west portion of that certain 1.4963 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number 2011012458 of the Official Public Records of Lubbock County, Texas, said 0.7155 acre tract being further described by metes and bounds as follows: Beginning at a 1/2" iron rod with a cap marked "Stevens RPLS 4339" found at the most westerly northwest comer of said 1.4963 acre tract, same being the southwest comer of Tract A, Betenbough Addition U, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 8263, Page 297 of the Official Public Records of Lubbock County, Texas, for the northwest corner of this tract, whence the northwest corner of said Section 28 bears N. 01 a 54' 20" E. a distance of 335.00 feet and N. 88' 05' 40" W. a distance of 758.40 feet, per calls in previous deed and plats; Thence S. 880 05' 40" E. a distance of 215.00 to a point for the southeast corner of said Tract A, Betenbough Addition II and the northeast comer of this tract; Thence S. 010 49' 03" W., along the west line of Tract B-1, Betenbough Addition U, 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 Plat and Dedication Number 2015003550 of the Official Public Records of Lubbock County, Texas, a distance of 145.04 feet to a 5/8" iron rod with a cap marked "Dunaway" found at the southwest comer of said Tract B-1, Betenbough Addition B, and the southeast comer of this tract, same being the most easterly northeast comer of Tract AI, Wal-Mart Supementer, 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 Plat and Dedication Number 2008008387 of the Official Public Records of Lubbock County, Texas; Thence N. 880 02' 44" W. a distance of 215.00 feet to a 5/8" iron rod with a cap marked "Dunaway" found at an ell comer of said tract Al, Wal-Mart Supercenter, for the southwest corner of said 1.4963 acre tract and this tract; Thence N. 01° 49' 10" E., along a line of said Tract Al, Wal-Mart Superoenter, a distance of 144.86 feet to the POINT OF BEGINNING. Bearings are grid bearings based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone, as determined by GPS observations along the south line of 82nd Street, as monumented on the ground. Distances are at surface, in U.S. survey feet. This description was prepared for purposes of a zoning change request and does not represent a survey made upon the ground. This description is compiled from information obtained in previous surveys made within said Section 28 and encompassing this tract. 200217 — 0.1755 Ac. STEVENS SURVEYING CO. 6310 Genoa Ave. Sulle A W66ockT .. 79424 Ph .'W6687-1%9 Faa:806689-1569 Finall: nons/dstt "urveycom DESCRIPTION OF TRACT "A", BETENBOUGH ADDITION H, AN ADDITION TO THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS TRACT W, BETENBOUGH ADDITION II, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN VOLUME 8263, PAGE 297 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS.