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Home My WebLink AboutOrdinance - 2022-O0019 - Zone Case 3358-B - 01/25/2022First Reading January 25, 2022 Item No. 8.6 ORDINANCE NO. 2022-00019 Second Reading February 8, 2022 Item No. 7.26 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3358-11; A ZONING CHANGE FROM R-1A TO R-1A SPECIFIC USE FOR GARDEN HOMES, AT 901 INLER AVENUE, LOCATED EAST OF INLER AVENUE AND SOUTH OF 4TH STREET, ON 59.1 ACRES OF UNPLATTED LAND OUT OF BLOCK D6, SECTION 2, 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, 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.3358-B 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-1A to R-1A Specific Use for Garden Homes zoning district at 901 Inler Avenue, located east of Inler Avenue and south of 4th Street, on 59.1 acres of unplatted land out of Block D6, Section 2, City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 40.03.3102 of the Codified Zoning Ordinance, which provides that a Building Permit shall be applied for and secured within thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in this case is the R-1A zone district; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Section 40.03.3101- 40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 901 Inler Avenue, located east of Inler Avenue and south of 4th Street, on 59.1 acres of unplatted land out of Block D6, Section 2, City of Lubbock, Lubbock County, Texas. SECTION 3. 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 4. 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 5. 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 January 25, 2022 Passed by the City Council on second reading on February 8, 2022 ATTEST: Reb cca Garza, City SekNTY L11- DANIEL M. POPE, MAYOR Zone Case No. 3358-B Page - 2 APPROVED AS TO CONTENT: am, irector of Planning APPROVED AS TO FORM: Ke 1i Leisur , Assistant City Attorney vw/C ityAtt/Kel I i/Zones/ZC3358-B January 6, 2022 Zone Case No. 3358-B Page - 3 HUGO REED AND ASSOCIATES, INC. 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 PROPOSED R-1 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 59.1 acre tract of land located in Section 2, Block D-6, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East right-of-way line of Farm to Market Road 179 (Inter Avenue) as described in Volume 384, Page 129 of the Deed Records of Lubbock County, Texas, at the most Westerly Southwest corner of this tract, which bears N. 01 *42*59" E. an approximate distance of 462.5 feet and S. 88°09'35" E. an approximate distance of 40.0 feet from the Southwest corner of the Northwest Quarter of Section 2, Block D-6; THENCE N. 01 °42'59" E., along said East right-of-way line, an approximate distance of 851.6 feet to a point for the Northwest corner of this tract; THENCE S. 88'09'28" E. an approximate distance of 2601.9 feet to a point for the Northwest corner of an 80.000 acre tract, described under County Clerk File Number 2013018790 of the Official Public Records of Lubbock County, Texas, and the Northeast corner of this tract; THENCE S. 01 °40'21" W., along the Western boundary of said 80.000 acre tract, an approximate distance of 1313.9 feet to a point in the South line of the Northwest Quarter of said Section 2, for the Southeast corner of this tract; THENCE N. 88°09'35" W., along the South line of the Northwest Quarter of said Section 2, an approximate distance of 603.8 feet to a point; THENCE N. 01°50'25" E. an approximate distance of 320.0 feet to a point; THENCE N. 88*09'35" W. an approximate distance of 380.0 feet to a point; THENCE N. 43'09'35" W. an approximate distance of 21.2 feet to a point; THENCE N. 01*50'25" E. an approximate distance of 112.5 feet to a point; THENCE N. 88°09'35" W. an approximate distance of 1548.0 feet to a point; THENCE N. 43°13'18" W. an approximate distance of 21.2 feet to a point for the most Southerly Southwest corner of this tract; THENCE N. 88°17'01" W. an approximate distance of 42.0 feet to the Point of Beginning. Contains 59.1 acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for BBA Homes Land Company LLC November 24, 2021 PROPOSED ZONING LOCATED IN SECTION 2, BLOCK D-6 1= e1h_STwET E� 71NG IT 7II I7 7I � Z NING / I ZO—� x�Srrz�uvYt�sn r J S81°09'28"E 2601.9' .S/ . ��r I 1 1 1 1 1 I 1 1 1 1 1 1 I 1 I I 1 1 1 I I I I r "k/ pW BENV \`/ (� ,` 1 I 1 �L ``_I ,, RE ,, 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 1, I I I I I I I 91h $T. W -L - f J_ _L li _i _L _ PROpOSL _L _L J T?�� r, T-r -T ,- T r,- -r -T- ,- R-1 SPECIFIC USE ZONINGr- POIN OF BEGINNING r , ,1 r (V I I I I I 11 1 ' 1, 1 1 I I I , 59 ,1 ACRES I I I I //THIS POINT BEARS N01°42'S9"E v , 1 1 1 , ' , , , I I I I , , V►PPROXIMATELY 452.5 FEET AND r -_� - J_ LJ -L_ J _ J_ LJ -1_'L_' I I I I r l r l T 1, %S88°09'35"E APPROXIMATELY 40.0 Z FEET FROM THE SOUTHWEST !CORNER OF THE NORTHWEST I ~ - _r -T -r T- , r-r -T QUARTER OF SECTION 2, BLOCK \D-6 / 42.0N88°09'35"W 1548.0' LN88°17'01"W I �I�T-fTl� I II' TIT 112.5' / 21.2. 1 2' LL JJ � L1 L � l _L L JJ � [N01 50'25"E \/ /0* XEAC To yes FLAX 21.2' 380.0' �T N43°13'18"1N T VTR is l-F F7 � T � -F � N88°80.0' W L LJ_ "AIL`HILL �a<<�Y C LJ_N43°09'35 1 ' 1T T 320.0. I `� J ErT FD � J_J _I_L LJ 1 L JJ 1J JJ �J I LJ L1 u u i1� THE SOUTHWEST CORNER OF WLLI THESECNORTION "HWESTBLOCO ARTER OF EXISTI SPE IFIC I L — RASE ZONING ch r � T- li` XISTING i ZON G