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Home My WebLink AboutOrdinance - 2021-O0142 - Zone Case 3445First Reading September 28, 2021 Item No. 8.15 ORDINANCE NO. 2021-00142 Second Reading October 12, 2021 Item No. 8.13 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3445; A ZONING CHANGE FROM T TO M-2 ZONING DISTRICT GENERALLY LOCATED EAST OF EAST LOOP 289 AND SOUTH OF 4TH STREET ON 407.3 ACRES OF UNPLATTED LAND OUT OF BLOCK O, SECTION 6, 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.3445 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 M-2 zoning district generally located east of East Loop 289 and south of 4th Street on 407.3 acres of unplatted land out of Block O, Section 6, 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. September 28, 2021 Passed by the City Council on first reading on Se p Passed by the City Council on second reading on October 12, 2021 ATTEST: Reb ca Garza, City Seckily - �'-N DANIEL M. POPE, MAYOR Zone Case No. 3445 Page - 2 APPROVED AS TO CONTENT: bloimrfs, irector of Planning APPROVED AS TO FORM: - W&I' &P& Ke li Leisure, Assistant City Attorney vw/cityatt/Kel li/ZoneCase/ZC3445 September 2, 2021 Zone Case No. 3445 Page - 3 EM HUGO REEO / LANcDTEASSOCIATES,XAS e1806INC. EMUM TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" METES AND BOUNDS DESCRIPTION of an approximate 407.3 acre tract of land located in Section 6, Block O, E. L. & R. R. Railroad Company Survey, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of Section 6, Block O, Lubbock County, Texas, for the most Easterly Northeast corner of this tract, which bears S. 01 024'51" W. an approximate distance of 544.5 feet from the Northeast corner of Section 6, Block O, E.L. & R.R. Railroad Company Survey, Lubbock County, Texas; THENCE S. 01 024'51" W., along the East line of said Section 6, an approximate distance of 2116.3 feet to a point for the Southeast corner of the Northeast Quarter of said Section 6 for the most Easterly Southeast corner of this tract; THENCE N. 88037'10" W., along the South line of the North half of said Section 6, an approximate distance of 2674.5 feet to the Northeast corner of the Southwest Quarter of said Section 6, for an "ell" corner of this tract; THENCE S. 01045'49" W., along the East line of the Southwest Quarter of said Section 6, an approximate distance of 2650.2 feet to a point at the Southeast corner of the Southwest Quarter of said Section 6, for the most Southerly Southeast corner of this tract; THENCE N. 88039'07" W., along the South line of said Section 6, an approximate distance of 2638.6 feet to the Southwest corner of said Section 6, being the Southwest corner of this tract; THENCE N. 01 046'08" E., along the West line of said Section 6, an approximate distance of 304.2 feet; THENCE N. 47011'23" E. an approximate distance of 1035.6 feet to a point of reverse tangency; THENCE Southwesterly, along a curve to the right, said curve having a radius of approximately 554.8 feet, a central angle of 44008'41 ", a chord distance of approximately 417.0 feet and a chord bearing of S. 69'15'45" W. to a point of tangency; THENCE N. 88039'44" W. an approximate distance of 352.4 feet to a point in the West line of said Section 6; THENCE N. 01 046'08" E., along the West line of said Section 6, an approximate distance of 1599.9 feet; THENCE S. 88015'01" E. an approximate distance of 300.0 feet to a point; THENCE N. 01046'08" E. an approximate distance of 200.0 feet to a point in the North line of the South half of said Section 6; THENCE S. 88015'01" E., along the North line of the South half of said Section 6, an approximate distance of 536.6 feet; THENCE N. 01 046'47" E. an approximate distance of 2101.7 feet to the most Westerly Northwest corner of this tract; THENCE S. 88039'20" E. an approximate distance of 800.0 feet to a point; THENCE N. 01 046'47" E. an approximate distance of 544.5 feet to a point in the North line of said Section 6 for the most Northerly Northwest corner of this tract; THENCE S. 88039'34" E., along the North line of said Section 6, an approximate distance of 2859.3 feet to a point for the most Northerly Northeast corner of this tract; THENCE S. 01 024'51" W. an approximate distance of 544.5 feet; THENCE S. 88039'34" E. an approximate distance of 800.0 feet to the Point of Beginning. SAVE AND EXCEPT the following two tracts of land: "Tract I" METES AND BOUNDS DESCRIPTION of an approximate 0.04 acre tract, being that same tract described in Volume 1771, Page 194 of the Deed Records of Lubbock County, Texas, located in the North Half of Section 6, Block O, E. L. & R. R. Railroad Company Survey, Lubbock County, Texas, and being further described as follows: BEGINNING at a point in the South line of a 40 foot right-of-way easement described in Volume 215, Page 190 of the Deed Records of Lubbock County, Texas, at the Northeast corner of this tract, which bears N. 88°39'34" W. an approximate distance of 2480.5 feet and S. 01 °20'26" W. an approximate distance of 40.0 feet from the Northeast corner of Section 6, Block O, E. L. & R. R. Railroad Company Survey, Lubbock County, Texas; THENCE S. 01 020'26" W. an approximate distance of 25.0 feet to a point for the Southeast corner of this tract; THENCE N. 88039'34 W. an approximate distance of 75.0 feet to a point for the Southwest corner of this tract; THENCE N. 01 020'26" E. an approximate distance of 25.0 feet to a point for the Northwest corner of this tract; THENCE S. 88039'34" E., along the South line of said 40 foot right-of-way easement, an approximate distance of 75.0 feet to the Point of Beginning. "Tract 11" METES AND BOUNDS DESCRIPTION of an approximate 1.0 acre tract described in Volume 5686, Page 324 of the Real Property Records of Lubbock County, Texas, located in the Southwest Quarter of Section 6, Block O, E. L. & R. R. Railroad Company Survey, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Southeast corner of this tract, which bears N. 88°39'07" W. an approximate distance of 60.9 feet and N. 01 °45'49" E. an approximate distance of 28.5 feet from the Southeast corner of the Southwest Quarter of Section 6, Block O, E. L. & R. R. Railroad Company Survey, Lubbock County, Texas; THENCE N. 88039'52" W. an approximate distance of 159.5 feet to a point for the Southwest corner of this tract; THENCE N. 01 045'49" E. an approximate distance of 275.0 feet to a point for the Northwest corner of this tract; THENCE S. 88039'52" E. an approximate distance of 159.5 feet to a point for the Northeast corner of this tract; THENCE S. 01 045'49" W. an approximate distance of 275.0 feet to the Point of Beginning. Total Approximate Acreage 408.30 Less Tract 1 0.04 Less Tract II 1.00 Resulting Approximate Acreage 407.3 PREPARED FOR ZONING PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY AND SHALL NOT BE RECORDED FOR ANY REAL PROPERTY PURPOSES. Prepared for Lubbock Economic Development Alliance July 26, 2021