The URL can be used to link to this page

Home My WebLink AboutOrdinance - 2021-O0141 - Zone Case 3444First Reading September 28, 2021 Item No. 8.14 ORDINANCE NO. 2021-00141 Second Reading October 12, 2021 Item No. 8.12 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3444; A ZONING CHANGE FROM T TO R-2 ZONING DISTRICT AT 5802 UPLAND AVENUE, LOCATED WEST OF UPLAND AVENUE AND SOUTH OF 58TH STREET ON 32.63 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 34, 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.3444 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 R-2 zoning district at 5802 Upland Avenue, located west of Upland Avenue and south of 58th Street on 32.63 acres of unplatted land out of Block AK, Section 34, 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 October 12, 2021 ATTEST: Reb ca Garza, City Sec e DANIEL M. POPE, MAYOR Zone Case No. 3444 Page - 2 APPROVED AS TO CONTENT: Br s am, 1r for of Planning APPROVED AS TO FORM: K li Leisure, Assistant City Attorney vw/cityatt/Kel li/ZoneCase/ZC3444 September 2, 2021 Zone Case No. 3444 Page - 3 AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 34, BLOCK AK, LUBBOCK COUNTY, TEXAS (I OF 2) Rezone to R-2 METES AND BOUNDS DESCRIPTION of a 32.63 acre (1,421,538 SF) tract of land located in Section 34, Block AK, City of Lubbock, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point in which bears N 88°08'29" W approximately 2628.81' and N 01°51'31" E approximately 2607.66' from the southeast corner of Section 34, Block AK; THENCE N 01050' 18" E an approximate distance of 64.00 feet; THENCE S 88°09'42" E an approximate distance of 2323.94 feet; THENCE N 89°44' 18" E an approximate distance of 150.10 feet; THENCE S 88009'42" E an approximate distance of 70.00 feet; THENCE N 46°50'55" E an approximate distance of 42.43 feet; THENCE S 88008'26" E an approximate distance of 14.93 feet; THENCE S 01051'34" W an approximate distance of 67.49 feet; THENCE N 88°09'42" W an approximate distance of 43.46 feet; THENCE S 01 °53' 13" W an approximate distance of 37.50 feet; THENCE N 88009'42" W an approximate distance of 57.99 feet; THENCE S 56°46'36" W an approximate distance of 22.22 feet; THENCE S 56043'50" W an approximate distance of 284.68 feet; THENCE N 33015'58" W an approximate distance of 50.00 feet; THENCE S 56044'02" W an approximate distance of 1071.87 feet; EA --,FA M -r V AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 34, BLOCK AK, LUBBOCK COUNTY, TEXAS (2 OF 2) THENCE S 33"15'58" E an approximate distance of 100.00 feet; THENCE S 56°44'02" W an approximate distance of 39.24 feet; THENCE S 26022' 19" E an approximate distance of 202.73 feet; THENCE S 01 °50'49" W an approximate distance of 58.93 feet; THENCE N 88009'02" W an approximate distance of 857.34 feet; THENCE N 01 1150' 18" E an approximate distance of 1089.28 feet; THENCE N 43009'42" W an approximate distance of 14.14 feet; THENCE N 88009'42" W an approximate distance of 584.52 feet to the Point of Begginning and containing approximately 32.63 acres, including any Right of Way. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. July 27, 2021 70NF CHANGI- APPI ICATION I-XHIBIT A 32.63ACRES OF LAND LOCATED IN SECTION 34. BLOCK AK. I UBBOCK COUNTY, TEXAS ESCONDIDO CROJSJNq�. LOTS 158 THROUGH 323.AIM TRACTS "B" AND "C". ANADDII ION I OCA I LD IN SLMON 10-1 LIJBIJOCKCOUNM ILL SwusTm'.1 Af. -- - ----- SITE LOCATION J NOTES: by SCALE; I' = 200' ZONING REQUEST R-2 L 1"=200' CIVIL r.N(iINFrk:N(; SCALE: LAND SURVIFY NG VICINrry iL4,p FROM TRANSITIONAL (32 63 ACRES) NOT TO SCALE 0 100' 200' 400' Tx -il TSPE R,,F4191 Macy • Efflowy-Iniewity