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HomeMy WebLinkAboutOrdinance - 2021-O0156 - Zone Case 2538-Wfirst Reading ovember 1, 2021 Second Reading November 16, 2021 tern No. 7.4 Item No. 7.3 ORDINANCE NO.2021-00156 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2538-W; A ZONING CHANGE FROM R-1 TO R-2 ZONING DISTRICT GENERALLY LOCATED SOUTH OF 4TH STREET AND EAST OF UPLAND AVENUE, ON 73.45 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 10, 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 1986 Comprehensive Land Use Plan as amended is a guide to help the Lubbock Planning and Zoning Commission and 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 1986 Comprehensive Land Use Plan as amended, which protects 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 29-10 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.2538-W SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from R-1 to R-2 zoning district generally located south of 4 h Street and east of Upland Avenue, on 73.45 acres of unplatted land out of Block JS, Section 10, 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 29-31 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 November 1, 2021 Passed by the City Council on second reading on November 16, 2021 L.-A DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City Sec et APPROVED AS TO CONTENT: of Planning Zone Case No. 2538-W Page - 2 APPROVED AS TO FORM: K rA 1li Leisure, Assistant City Attorney vw/CityAtt/Kelli/Zones/ZC2538-W 10.29.21 Zone Case No. 2538-W Page - 3 AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 10, BLOCK JS, LUBBOCK COUNTY, TEXAS (1 OF 2) METES AND BOUNDS DESCRIPTION of a 32.54-acre tract of land located in Section 10, Block JS, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the southwest corner of said 32.54-acre tract, whence the southwest corner of Section 10, Block JS bears S 06°23'33" W, a distance of 5286.30'; THENCE S 880 09' 35" E a distance of 555.16 feet to a point of intersection; THENCE S 010 41' 25" W a distance of 1637.91 feet to a point of intersection; THENCE N 880 06' 14" W a distance of 934.92 feet to a point of intersection; THENCE N 01 ° 39' 56" E a distance of 1337.00 feet to a point of intersection; THENCE S 880 09' 35" E a distance of 379.68 feet to a point of intersection; THENCE N 01 ° 50' 47" E a distance of 300.00 to the Point of Beginning and containing approximately 32.54 acres. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. August 20, 2021 AMa AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 10, BLOCK JS, LUBBOCK COUNTY, TEXAS (2 OF 2) METES AND BOUNDS DESCRIPTION of a 40.91-acre tract of land located in Section 10, Block JS, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the southwest corner of said 40.91-acre tract, whence the southwest corner of Section 10, Block JS bears S 06°26'48" W, a distance of 659.87'; THENCE N 01 ° 39' 56" E a distance of 1878.79 feet to a point of curvature; THENCE northeasterly, along a curve to the right, an arc distance of 40.16 feet, said curve having a radius of 25.50 feet, a delta angle of 90° 13' 50", a chord distance of 36.13 feet and a chord bearing of N 46' 46' 51 " E, to a point of tangency; THENCE S 880 06' 14" E a distance of 74.27 feet to a point of intersection; THENCE N 890 47' 48" E a distance of 150.12 feet to a point of intersection; THENCE S 880 07' 29" E a distance of 684.55 feet to a point of intersection; THENCE S 01 ° 41' 25" W a distance of 1907.54 feet to a point of intersection; THENCE N 880 19' 28" W a distance of 933.63 to the Point of Beginning and containing approximately 40.91 acres. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. August 20, 2021