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HomeMy WebLinkAboutOrdinance - 2021-O0139 - Zone Case 3308-DSecond Reading October 12, 2021 Item No. 8.10 First Reading September 28, 2021 Item No. 8.11 ORDINANCE NO. 2021-00139 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3308-D; A ZONING CHANGE FROM R-1 TO R-1A ZONING DISTRICT AT 7211 — 7224 23RD STREET, LOCATED EAST OF UPLAND AVENUE ON THE NORTH AND SOUTH SIDES OF 23RD STREET, BUSHLAND SPRINGS ADDITION, LOTS 245-258 AND 1.48 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 43, LOCATED AT THE NORTHEAST CORNER OF UPLAND AVENUE AND 26TH STREET, 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, 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.3308-D 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 R-1A zoning district at 7211 — 7224 23rd Street, located east of Upland Avenue on the north and south sides of 23rd Street, Bushland Springs Addition, Lots 245-258 and 1.48 acres of unplatted land out of Block AK, Section 43, located at the northeast corner of Upland Avenue and 26th Street, 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 September 28, 2021 Passed by the City Council on second reading on rvw1*111-9 Jj Rebe ca Garza, City Secre APPROVED AS TO CONTENT: Bry Is am, Director of Planning PROVED S TO FORM: K lli Leisure, Assistant City Attorney vw/cityatt/Kell i/ZoneCase/ZC3308-D September 2, 2021 October 12, 2021 L'."i DANIEL M. POP a, MAYOR Zone Case No. 3308-D Page - 2 ' AMD ENGINEERING, LLC Rezone to R-1A METES AND BOUNDS DESCRIPTION of a 2.87 acre (125,117 SF) tract of land located in Section 43, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point in which bears S 88'12'08" E approximately 406.00 feet from a point located approximately 1,204.99 feet at a bearing of S 76°23'51" W from the northwesternmost corner of the recorded plat for Lots 101-146, Bushland Springs, an addition to the City of Lubbock, Lubbock County, Texas; THENCE S 01047'52" W an approximate distance of 308.00 feet; THENCE N 88012'08" W an approximate distance of 406.44 feet; THENCE N 01 052'39" E an approximate distance of 308.00 feet to the Point of Begginning and containing approximately 2.87 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Rezone to R-1A METES AND BOUNDS DESCRIPTION of a 1.48 acre (64,610 SF) tract of land located in Section 43, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point in which bears S 88' 12'08" E approximately 407.28 feet from a point located approximately 1,301.84 feet at a bearing of S 65°05'42" W from the southwesternmost corner of the recorded plat for Lots 101-146, Bushland Springs, an addition to the City of Lubbock, Lubbock County, Texas; THENCE S 01047'52" W an approximate distance of 158.74 feet; THENCE N 88011'09" W an approximate distance of 407.48 feet; THENCE N 01 052'39" E an approximate distance of 158.62 feet to the Point of Begginning and containing approximately 2.87 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: HomeMakers Building Group, LLC DreamBuilt Homes, Inc. Bo Properties Bushland Springs, LLC July 29, 2021