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HomeMy WebLinkAboutOrdinance - 2021-O0122 - Zone Case 3439irst Reading Second Reading ugust 24, 2021 September 14, 2021 tern No. 8.17 Item No. 8.19 2021-00122 ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3439; A ZONING CHANGE FROM T TO A-1 AND C-2 ZONING DISTRICT GENERALLY LOCATED SOUTH OF 104TH STREET AND WEST OF MILWAUKEE AVENUE, ON 20.3 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 22, 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.3439 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 A-1 and C-2 zoning district generally located south of 104th Street and west of Milwaukee Avenue, on 20.3 acres of unplatted land out of Block AK, Section 22, 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 Passed by the City Council on second reading on ATTEST: Reb cca Garza, City Secr August 24, 2021 September 14, 2021 t-� DANIEL M. POPE, MAYOR Zone Case No. 3439 Page - 2 APPROVED AS TO CONTENT: Bryan s am, rector of Planning APPROVED AS TO FORM: K Ili Leisure, Assistant City Attorney vw/cityatt/Kel l i/ZoneCase/ZC3439 July 29, 2021 Zone Case No. 3439 Page - 3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 78401 18061763-5642 I FAX 8061763-3881 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED A-1 ZONING METES AND BOUNDS DESCRIPTION of an approximate 15.3 acre tract of land located in Section 22, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of Section 22, Block AK, for the most Easterly Northeast corner of this tract, which bears S. 01 °50'55" W. an approximate distance of 2,343.6 feet from the Northeast corner of said Section 22; THENCE S. 01 050'55" W., along the East line of said Section 22, an approximate distance of 280.0 feet to a point for the Southeast corner of this tract; THENCE N. 88012'27" W. an approximate distance of 595.0 feet to a point; THENCE S. 01051'10" W. an approximate distance of 360.7 feet to a point in the Northern boundary of the plat limits of One Ford Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number (CCFN) 2021026916 of the Official Public Records of Lubbock County, Texas (OPRLCT); THENCE N. 88008'50" W., along the Northern boundary of said plat limits, an approximate distance of 501.2 feet to a point at the Southeast corner of a 6.03 acre tract as described under CCFN 2006026623, OPRLCT, for the Southwest corner of this tract; THENCE N. 01 °51'36" E., along the Eastern boundary of said 6.03 acre tract, an approximate distance of 872.0 feet to a point in the centerline of 104th Street as described in Volume 1237, Page 531 of the Deed Records of Lubbock County, Texas, for the Northeast corner of said 6.03 acre tract and the Northwest corner of this tract; THENCE S. 88008'50" E., along the centerline of said 104th Street, an approximate distance of 776.0 feet to a point at the Northwest corner of a tract described in Volume 10238, Page 53, OPRLCT, for the most Northerly Northeast corner of this tract; THENCE S. 01050'55" W., along the Western boundary of said tract described in Volume 10238, Page 53, OPRLCT, an approximate distance of 230.7 feet to a point at the Southwest corner of said tract; THENCE S. 88008'50" E., along the Southern boundary of said tract described in Volume 10238, Page 53, OPRLCT, an approximate distance of 320.1 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. Prepared for Outkick Investment partners July 7, 2021 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED C-2 ZONING METES AND BOUNDS DESCRIPTION of an approximate 4.9 acre tract of land located in Section 22, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of Section 22, Block AK for the Northeast corner of this tract, which bears S. 01 050'55" W. an approximate distance of 2,623.6 feet from the Northeast corner of said Section 22; THENCE S. 01 050'55" W., along the East line of said Section 22 an approximate distance of 361.3 feet to a point for the Southeast corner of this tract; THENCE N. 88008'50" W., at an approximate distance of 50.0 feet pass the Northeast corner of One Ford Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number (CCFN) 2021026916 of the Official Public Records of Lubbock County, Texas (OPRLCT), continuing along the Northern boundary of said plat limits, an approximate total distance of 595.1 feet to a point for the Southwest corner of this tract; THENCE N. 01051'10" E. an approximate distance of 360.7 feet to a point for the Northwest corner of this tract; THENCE S. 88012'27" E. an approximate distance of 595.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. Prepared for Outkick Investment partners July 7, 2021