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Home My WebLink AboutOrdinance - 2021-O0143 - Zone Case 3446First Reading September 28, 2021 Item No. 8.16 ORDINANCE NO. 2021-00143 Second Reading October 12, 2021 Item No. 8.15 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3446; A ZONING CHANGE FROM R-1 TO R-2 AND A-2 ZONING DISTRICT AT 5601 URSULINE STREET, LOCATED SOUTH OF URSULINE STREET AND EAST OF FRANKFORD AVENUE, ON 134.45 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, 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.3446 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-2 and A-2 zoning district at 5601 Ursuline Street, located south of Ursuline Street and east of Frankford Avenue, on 134.45 acres of unplatted land out of Block JS, 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. 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: * 4 X Rebfcca Garza, City Sec DANIEL M. POPE, MAYOR Zone Case No. 3446 Page - 2 APPROVED AS TO CONTENT: am Director of Planning APPROVED AS TO FORM: elli Leisure, Assistant City Attorney vw/cityatt/Kel li/ZoneCase/ZC3446 September 2, 2021 Zone Case No. 3446 Page - 3 .4M AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 6, BLOCK JS, LUBBOCK COUNTY, TEXAS PREPARED FOR R-2 PORTION OF THIS ZONING REQUEST (Sheet 1 of 3, Sketch of tract attached as Sheet 3) METES AND BOUNDS DESCRIPTION of a 125.43-acre tract of land located in Section 6, Block JS, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the most westerly northwest corner of said 125.43-acre tract, whence the northwest corner of Section 6, Block JS, bears N 21 ° 48' 15" W, a distance of 769.95 feet; THENCE S 880 03' 43" E an approximate distance of 235.17 feet; THENCE N 460 56' 17" E an approximate distance of 21.21 feet; THENCE N 010 56' 17" E an approximate distance of 626.50 feet; THENCE N 430 08' 58" W an approximate distance of 14.12 feet; THENCE S 880 14' 13" E an approximate distance of 2090.19 feet; THENCE S 010 56' 52" W an approximate distance of 2579.65 feet; THENCE N 880 05' 38" W an approximate distance of 1879.91 feet; THENCE N 010 56' 17" E an approximate distance of 872.85 feet; THENCE N 880 03' 43" W an approximate distance of 700.00 feet; THENCE N 01 ° 56' 17" E an approximate distance of 485.00 feet; THENCE N 430 03' 43" W an approximate distance of 14.14 feet; THENCE N 880 03' 43" W an approximate distance of 225.00 feet; THENCE S 460 56' 17" W an approximate distance of 21.21 feet; THENCE N 010 56' 17" E an approximate distance of 90.00 feet; THENCE S 430 03' 43" E an approximate distance of 21.21 feet; THENCE S 880 03' 43" E an approximate distance of 225.00 feet; THENCE N 460 56' 17" E an approximate distance of 14.14 feet; THENCE N 01 ° 56' 17" E an approximate distance of 485.00 feet to the Point of Beginning and containing approximately 125.43 acres. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. Prepared for: NWP EB-5 PROJECT LLC July 29, 2021 AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 6, BLOCK JS, LUBBOCK COUNTY, TEXAS PREPARED FOR A-2 PORTION OF THIS ZONING REQUEST (Sheet 2 of 3, Sketch of tract attached as Sheet 3) METES AND BOUNDS DESCRIPTION of a 9.02-acre tract of land located in Section 6, Block JS, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the northwest corner of said 9.02-acre tract, whence the northwest corner of Section 6, Block JS, bears N 00' 01' 13" W, a distance of 1755.82 feet; THENCE S 880 03' 43" E an approximate distance of 700.00 feet; THENCE S 010 56' 17" W an approximate distance of 561.24 feet; THENCE N 880 03' 43" W an approximate distance of 700.00 feet; THENCE N 01 ° 56' 17" E an approximate distance of 561.24 feet to the Point of Beginning and containing approximately 9.02 acres. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. Prepared for: NWP EB-5 PROJECT LLC July 29, 2021 I RECORD 04MER NRP EH-5 PRA.[CT LLc RECORD OWNER- ALLEGAS. DANiEL 1 I RECORD OWNER MOWTA( N7 fUZABERI N T RECORD OWNER MONtaL A7. EL/ZABED+ H NO! SUBO1MCI) NOT S4,8OINDED I I NOT SUBDIWDEO I NOT SUBOINOEO I CCFN 1021019JM CCFM20040a8J/7 I L_--_------_ cCFM 199909/99--______t__--___ CCF,V� l99909199 _______1_______ -________ 1 TITHE STREET- - - - - - - - - - - - - - - - -: �___________________ AgPM L4YE RiC!l0v4 SAX JS SS"413'E 2090.19 = I I V N4709997W 14.12- I 2 ' I QVV I < hh4mp I ' OjlAi m - 0.B. NORTMWE5T CORNER o ai SECTION 8, SLOOC JS I i 1 I I BEARS N.21'48'1S'W. I 769.95' FROM THIS POINT. SW0543'E I 235.17' I 1 U N4856Y7'E 21.21' SFI�IpNOEO J ' CCFM2021025171 543_9JLYE M-A I RECORD OWNER: 00156'17'E 90 I STONE, OA ND ' I NOT SUM WDrO ' COIN 20090J79J7 546.5"7-W I ' BERRY, BRMN ALAN I NON SUBO1wDfD , I CCFM l996016la5 r--------------------i I RECORD OWNER- SHEPHERD KENT MRTRAM NOT SUS&WDEO I CCFN'l99JOJ55J4 ' 1NE NCRTMWEST CORNER SECn0 6. 8L0OR JS I N.0001'13'W. 1 1796.62' FROM THIS POINT. I T____ T____ T____l 25 I I I I PIIr10ETON _STREET I I I I I I I I I I 1 I I I 21 I I I ----------------------------- I I I I 1 I 1 I 1 1 REO'ORD OWNER: , l601 NORM FRANor SUBDIME0 SIOPAGE LLC 1 NON SUBOIH45 I CCFM20l90Js5BJ I I N48TR1'171 14.14' N430i43'W 14.14' N8603'43W n. z2s.00' 1 �r Nh S O W2U 1'\ N6603'43'W 700.00' E 9213MLS7 ' RECORD OWNER. NWP EB-5 PRO..FCN LLc ' NON SUBOINDED CCFN 2021019-W I I I TRACT A, BROADKEW aApnsr CHUR cH ADOY170V k7uNfl685. PAGE 89 LN: 7287302.87 E 922224.93 'MAct C'E---T------ _- _ 7B i JJ Ja I I J9 N07 5UBD1NDE0 �i - I HOLUME J415, PACs F- 1 11 s L i 19 I J2 JS 1 I JI _ I I ' J6 J7 - - - - - - UMME STREET ---- 1RACTTT______ L__________ --- r-� e0 I 45 r--yr----ir--1 1 41 1. as al 1. r---r-T- 11 I I I I F---II 1 42 aJ I aB aH L_J ZONE CHANGE APPLICATION EXHIBIT (SHEET 3) A 134.45 ACRE TRACT OF LAND LOCATED IN SECTION 6, BLOCK JS, LUBBOCK COUNTY, TEXAS NOTES: scuc. r - 3w ZONRW: 1 R-2 ri0 i01 015 FROM (R-1) SIN" QE FAYLT RE9OpIRAI (11341U RUES) 2ONNO REOWST A-2 NWN OEIG9 MMMENT MMCT FROM (R-1) 9NUE FAMAY RESMTLLL (9.02 ACRES) SCALE: 1%300' 0 150' 30V 60C VICINITY MAP