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HomeMy WebLinkAboutOrdinance - 2020-O0114 - Zone Case 3415First Reading August 25, 2020 Second Reading September 8, 2020 Item No. 8.8 Item No. 8.10 ORDINANCE NO. 2020-001 l4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3415; A ZONING CHANGE FROM R-1 TO A-2 ZONING DISTRICT AT THE NORTHWEST CORNER OF IOLA AVENUE AND 29TH STREET, ON 2.04 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 44, 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.3415 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 R-1 to A-2 zoning district at the northwest corner of Iola Avenue and 29th Street, on 2.04 acres of unplatted land out of Block AK, Section 44, 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 August 25, 2020 Passed by the City Council on second reading on September 8, 2020 AT ST: Rebecca Garza, City Secretary (11-�y DANIEL M. POTIE, MAYOR Zone Case No. 3415 Page - 2 APPROVED AS TO CONTENT: Bryan s rector of Planning APPROVED AS TO FORM: �a 6 YC lli Leisure, Assistant City Attorney vw+cityatt/Kell Er'ZoneCase,:ZC3415 July 30, 2020 Zone Case No. 3415 Page - 3 '7 77 W 4 Idn �0 Z W P1LaIM- EOpp Fy- ]r O Fac F Wq W g� IL = OUZ j % Ln R ra}0a•F" of La a V U be yW�V #�� a+ u GU�m U w oaWW dz0-�� o Nola J^ kfi� �CW fLOL- yfJW, �+ '�On p O Ism Of, NA y iiw;3 Q c5 ON D 4 I— — ------------------I +— _ 1 h�-- ——— — — — — —— 1 1 _ - _ � _ 4 �_ ■ 1- 61 A",iNr 6s Ynr )AR1H � - _ ~ II 71rasmW I I 14 —— ——— — — — — —I y I I e I` l 191 3 II I I L — — — — — — — — — 1 I AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 44, BLOCK AK, LUBBOCK COUNTY, TEXAS (Sheet l of 2, Sketch of tract attached as Sheet 2) METES AND BOUNDS DESCRIPTION of a 2.04 acre tract of land located in Section 44, Block AK, Lubbock County, Texas, being the southeast portion of that certain 14.13 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number 2008037317 of the Official Public Records of Lubbock County, Texas, being further described as follows: BEGINNING at a point for the most westerly southwest corner of said 2.04 Acre tract, whence the southeast corner of Section 44, Block AK bears S. 58' 29' 15" E. an approximate distance of 3537.52 feet; THENCE N. 240 21' 44" E., along the northwesterly line of said 2.04 Acre tract, a distance of 300.71 feet to a point of intersection for the northwest corner of this tract; THENCE S. 730 36' 15" E. a distance of 277.61 feet to a point of intersection in the northwesterly right-of-way line of Iola Avenue, for the northeast corner of this tract; THENCE Southwesterly along a curve to the right having a radius of 600.00 feet, an arc length of 312.16 feet, a central angle of 29' 48' 34", a chord distance of 308.66 feet, and a chord bearing of S 28139' 59" W to a point of intersection for the southeast corner of this tract; THENCE S. 430 34' 17" W. a distance of 35.90 feet to a point of intersection in the northwesterly right-of-way line of the intersection of Iola Avenue and 29" Street, for the southeast corner of this tract; THENCE S. 860 43' 34" W. a distance of 36.48 feet to a point of intersection in the northerly right-of-way line of 29"' Street, for the southeast corner of this tract; THENCE Northwesterly along a curve to the left having a radius of 660.00 feet, an arc length of 209.42 feet, a central angle of 18' 10' 49", a chord distance of 208.54 feet, and a chord bearing of N 600 17' 40" W to the Point of Beginning. Bearings are grid bearings based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. Distances are at surface, in U.S. survey feet. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. This description is compiled from information obtained in deeds and previous surveys made within said Section 44 and encompassing this tract.