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HomeMy WebLinkAboutOrdinance - 2021-O0178 - Zone Case 3452First Reading December 7, 2021 Item No. 8.15 ORDINANCE NO. 2021-00178 Second Reading December 14, 2021 Item No. 7.17 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3452; A ZONING CHANGE FROM R-1 SPECIFIC USE, T, A-2 AND GO TO C-2 AND C-3 ZONING DISTRICT AT 11202 INDIANA AVENUE, LOCATED NORTH OF 114TH STREET AND WEST OF INDIANA AVENUE, ON 17.6 ACRES OF LAND OUT OF BLOCK E-2, SECTION 18, INCLUDING SOUTHERN PINE VALLEY GOLF COURSE ADDITION, LOT 1, 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: CBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.3452 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 Specific Use, T, A-2 and GO to C- 2 and C-3 zoning district at 11202 Indiana Avenue, located north of 114tn Street and west of Indiana Avenue, on 17.6 acres of land out of Block E-2, Section 18, including Southern Pine Valley Golf Course Addition, Lot 1, 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 Passed by the City Council on second reading on ATTEST: Q, vy'p Retie a Garza, City Secre ry December 7, 2021 December 14, 2021 STEVE M SSE G YOR PRO TEM Zone Case No. 3452 Page - 2 APPROVED AS TO CONTENT: Bry n sham, ' ector of Planning APPROVED AS TO FORM: //It kxa� elli Leisure, Assistant City Attorney vw/cityatt/Kel I i/ZoneCase/ZC3452 November 22, 2021 Zone Case No. 3452 Page - 3 HUGO REED LANcDTEASSOCIATES,XAS 91B808INC. 1763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 HM TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" PROPOSED C-2 ZONING METES AND BOUNDS DESCRIPTION of an approximate 14.7 acre tract of land located in Section 18, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West right-of-way line of Indiana Avenue for the Northeast corner of a tract of land previously zoned C-4 Specific Use and the Southeast corner of this tract which bears N. 01 °44'09" E. an approximate distance of 558.6 feet and N. 88*15'41" W. an approximate distance of 55.0 feet from the Southeast corner of Section 18, Block E-2; THENCE N. 88015'41" W., along the Northern boundary of said tract of land previously zoned C-4 Specific Use, an approximate distance of 134.5 feet to a point; THENCE S. 54'54'28" W., continuing along the Northern boundary of said tract of land previously zoned C-4 Specific Use, an approximate distance of 292.2 feet to a point; THENCE N. 88017'04" W. an approximate distance of 449.0 feet to a point for the Southwest corner of this tract; THENCE N. 01 '44'09" E. an approximate distance of 886.6 feet to a point for the Northwest corner of this tract; THENCE S. 88'15'51" E. an approximate distance of 567.4 feet to a point in the Western boundary of a tract of land previously zoned GO for the most Northerly Northeast corner of this tract; THENCE S. 01'44'09" W. along the Western boundary of said tract previously zoned GO, an approximate distance of 132.1 feet to a point; THENCE S. 58'15'51" E. an approximate distance of 57.5 feet to a point in the Southern boundary of said tract previously zoned GO; THENCE S. 88015'51" E., along the Southern boundary of said tract zoned GO, an approximate distance of 200.2 feet to a point in the West right-of-way line of Indiana Avenue for the most Easterly Northeast corner of this tract; THENCE S. 01 '44'09" W., along the West right-of-way line of said Indiana Avenue, an approximate distance of 550.4 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT AN ACTUAL SURVEY. Prepared for Red Canyon Development LLC Contains: 14.7 Acres September 30, 2021 IM HUGO REED AND ASSOCIATES, INC. mmamy 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" PROPOSED C-3 ZONING METES AND BOUNDS DESCRIPTION of an approximate 2.9 acre tract of land located in Section 18, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North right-of-way line of 11411 Street for the Southwest corner of a tract of land previously zoned C-3 and the Southeast corner of this tract which bears N. 88°17'04" W. an approximate distance of 659.8 feet and N. 01 °42'56" E. an approximate distance of 55.0 feet from the Southeast corner of Section 18, Block E-2; THENCE N. 88'17'04" W., along the North right-of-way line of said 1141h Street, an approximate distance of 325.0 feet to a point for the Southwest corner of this tract; THENCE N. 01 042'56" E. an approximate distance of 328.7 feet to a point for the Northwest corner of this tract; THENCE S. 88°17'04" E. an approximate distance of 561.5 feet to a point for the Northwest corner of a tract of land previously zoned C-3 and Northeast corner of this tract; THENCE S. 54054'28" W., along the Western boundary of said tract previously zoned C-3, an approximate distance of 295.3 feet to a point; THENCE S. 01043'43" W., continuing along the Western boundary of said tract previously zoned C-3, an approximate distance of 151.7 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT AN ACTUAL SURVEY. Prepared for Red Canyon Development LLC Contains: 2.9 Acres September 30, 2021 PROPOSED C-2 & C-3 ZONING LOCATED IN SECTION 18, BLOCK E-2 Z 0 110th STREET io co00 0 TRANSITIONAL z ZONING tAIb! G R1 SPECIFIC USE S88"15'51"E 567.4' 3 EXISTING o GO I � I I Ss8 sus 7SS�, S88°1'5'51"E F w 2002 z w Q �r Q PROPOSED C-2 ZONING Q (14.7 ACRES) C) z POINT OF BEGINNING THIS POINT BEARS N01 '44'09"E AN APPROXIMATE DISTANCE OF 558.6 FEET AND N88°15'41"W AN APPROXIMATE DISTANCE OF 55.0 FEET FROM THE N88"1,5'41"W SOUTHEAST CORNER OF SECTION 18, 1'34• BLOCK E-2 Z9�� I U I rye. EXISTING C-4 m I SPEC °° N88°17'04"W 449.0' ( IFIC USE) z of OI W h I n O M PROPOSED C-3 z I JI ZONING 0 (2.9 ACRES) EXISTING L I C-3 I z m POINT OF BEGINNING I ? THIS POINT BEARS N88°17'04"W AN APPROXIMATE DISTANCE OF 659.8 FEET AND N01°42'56'E AN APPROXIMATE DISTANCE OF 55.0 N88°17'04"W 325.0' Cal)FEET FROM THE SOUTHEAST CORNER OF SECTION 18, BLOCK E-2 I I 114th SOUTH LINE OF_SE_CTION 18, BLOCK E-2 SOUTHEAST CORNER OF STREET SECTION 18, BLOCK E-2