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Home My WebLink AboutOrdinance - 2015-O0112 - Zone Case 3265 - 11/05/2015First Reading October 22, 2015 Item No. 7.4 ORDINANCE NO. 2015-00112 Second Reading November 5, 2015 Item No. 6.5 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3265; A ZONING CHANGE FROM T TO C -2A ZONING DISTRICT OF UNPLATTED LAND ON 9.569 ACRES OUT OF SECTION 1, BLOCK AK, AND FROM T TO C-3 ZONING DISTRICT ON 2.658 ACRES OUT OF SECTION 1, BLOCK AK, AND 3.744 ACRES OUT OF SECTION 9, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 compiled 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 Ordinances 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. 3265 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 T TO C -2A zoning district of unplatted land on 9.569 acres out of Section 1, Block AK, and from T TO C-3 zoning district on 2.658 acres out of Section 1, Block AK, and 3.744 acres out of Section 9, Block AK, City of Lubbock, Lubbock County, Texas located at south of FM 1585 and west of Frankford Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the 9.569 acres (zoned C -2A) is allowed no curb -cuts on Frankford Avenue. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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 October 22, 2015 Passed by the City Council on second reading on November 5, 2015 GLENA'kohFATsON, MAYOR ATTEST: 0, 0" , - �k - — Rebca Garza, City Secret Zone Case No. 3265 page -2of3 APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning M. 221 ITMIIJMa VEMIMU" Justin Dijuitt, sistant ity Attorney vw/CityAtW ustin/Zones/ZC3265 October 1, 2015 Zone Case No. 3265 page - 3 of 3 ABACJ5 ENGINEERING SUIRVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 Ei C""Count on. it' Metes and Bounds Description prepared for Zone Change Purposes Only on an 9.569 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at the Southeast Corner of this Tract which bears S01'53'08"W, approximately 2639.83 feet of Section 9, Block AK; THENCE N 88006'07" W, approximately 670.46 feet; THENCE S 01 55'25" W, approximately 621.84 feet; THENCE S 88009'22" E, approximately 670.87 feet; THENCE N 01053'08" E, approximately 621.21 feet; the PLACE of BEGINNING. containing having an area of 9.569 Acres Prepared for Zone Change Purposes only, does not represent an actual survey. ING NGINEE ABACJ& E SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 T races ER "Count on it" C.3 z Metes and Bounds Description prepared for Zone Change Purposes Only on an 2.548 Acre tract out of Section 1, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at the Southeast Corner of this Tract which bears S01 053'08"W, approximately 1028.35 feet of Section 9, Block AK THENCE N 01 °53'08" E, approximately 284.85 feet; THENCE N 88013'02" W, approximately 390.06 feet; THENCE S 01 052'14" W, approximately 284.25 feet; THENCE S 88007'46" E, approximately 389.99 feet; the PLACE of BEGINNING, containing having an area of 2.548 Acres Prepared for Zone Change Purposes only, does not represent an actual survey. NGINEERING A:5ACJ45 E SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 Tri O "Coup[ on i(" C.3 3 FIELD NOTES on a 3.744 Acre Tract out of Section 9, Block AK, Lubbock County, Texas, being the same tract described in Exhibit C in Lubbock County Clerk File Number 2012049789, further described by metes and bounds as follows: BEGINNING at a point in the North line of Section 9 and near the center of F.M. 1585 for the Northeast corner of this tract from which a found railroad spike accepted as the Northeast corner of Section 9 bears S 88° 13'23" E(Texas North Central Zone Bearing Basis), 390.13 feet; THENCE S 01 053'24" W, with the West line of the tract described in Volume 6278, Page 17, Lubbock County Real Property Records, at 40 feet pass a found 3/4" iron pipe, in all 660.07 feet to a found 5/8" iron pipe for the Southeast corner of this tract; THENCE N 88012'48" W, 247.07 feet to a found 1/2" square pipe for the Southwest comer of this tract; THENCE N 01053'02" E, with the East line of the tract described in Volume 1609, Page 693, Lubbock County Real Property Records, at 620.05 feet pass a found 1/2" square pipe, in all 660.05 feet to the Northwest corner of this tract; THENCE S 88013'23" E, with the North line of Section 9, and the near the center of F.M. 1585, a distance of 247.14 feet to the PLACE of BEGINNING containing 3.744 Acres. 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