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Home My WebLink AboutOrdinance - 2022-O0033 - Zone Case 3459 - 03/08/2022First Reading March 8, 2022 Item No. 8.5 ORDINANCE NO. 2022-00033 Second Reading March 22, 2022 Item No. 7.38 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3459; A ZONING CHANGE FROM T TO C-3, R-1A WITH SPECIFIC USE FOR GARDEN HOMES AND R-1A WITH SPECIFIC USE FOR TOWNHOMES, GENERALLY LOCATED NORTH OF 114TH STREET AND EAST OF ALCOVE AVENUE ON 159.10 ACRES OUT OF BLOCK AK, SECTION 34, 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.3459 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 C-3, R-1A with Specific Use for Garden Homes and R-1A with Specific Use for Townhomes zoning district generally located north of 114th Street and east of Alcove Avenue on 159.10 acres out of Block AK, Section 34, 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 T 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 generally located north of 114th Street and east of Alcove Avenue on 159.10 acres out of Block AK, Section 34, 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 March 8, 2022 Passed by the City Council on second reading on March 22. 2022 ATTEST: Qiio,� Rebe ca Garza, City4Sectar "r -- DANIEL M. POPE, MAYOR Zone Case No. 3459 Page - 2 APPROVED AS TO CONTENT: j�o o �e, ).,, Bry Isham, Director v lanning APPROVED AS TO FORM: Celli Leisure, Assistant City Attorney vw/CiryAtt/Kel li/Zones/ZC3459 February 24, 2022 Zone Case No. 3459 Page - 3 PATTERSON PLACE ZONING MAP THREE TRACTS OUT OF 185.15 ACRES OUT OF THE Sl2 SECTION 23, BLOCK A-K, LUBBOCK COUNTY, TEXAS ED g VX70i tSESENA%JTERREZ F m TRI YETR I mXOU67! UWLATTED LARRYCRADPIILEY MTR1193705M SiF.95 TRAP MTV ip@ �g g star N16'Sl7TE QSn 0 POINT OF BEGINNING R-VECFCUSE OWDENHOWSZONND sS��ppDD S BB'1P79'E 1779%ACRES CLEARFORK LANDB DEVELOPMENT LLC. _- i INSTRF 2021063890 i 39Q1 17r� s- m..F+A1xtEs CJ z%" SCOW E sECTIDNnf 17A1' SECTION/p • , 11<TH STREET SFCTDNO17 SECTDNFIS T PARTtERSLLO •I RNR•-�H�i(Y�Y7i�};:�F�[I)X:]C'�6}�Y4 f Y F7})tT�[F�d`'T.'�Cl[fF41F£L� �>• Y.^.)C')• �1FF� LFIFY� GI3ZOY17ti 67iY• . 7F71ar NBF•tD97w QI A ANN EFLDE ESTATE (RUST FiSIR92011032541 OFT RI -A SPECIFIC USE: GARDENHOME FIELONOTES a� �r�.,�www�>��w...i....•......S..�w>mwxu N.ec....xc.r., .. E Al O 1 N i xw,rw xixww+a.mAtw. we+(r.5c..w�wN.(>rwr»rs. >-' �nw '" T®W¢bed FFbm F#M •e r.+•>.� atu�wr.i�'a�:w..r.5..... reelJ�es.Ws9RLFnt. roroJFD _ sot: wr.9 P,1mF.7NF.99H .AID «.'q-•,w,r rr..�w5s... r.�::...,.rt f.mekKk twWt. r. sormt4»m NSTRim1l�� •+. w ,,.. anv.....n».+a i A.�r.+»i w. ti.erw.r+x»v, l.n...+ NIiAM OLEA FM LAD AND MNSOP)AEtF PRD1ECr: NR.ar cD+nuLZ Za.w..-:w.21S0/2 coOROnA >"' PATTERSON PLACE +'wM..w..,..wrywarYa.wM.+>.•�.a...r+.wa .a.as,.u>+nn t•_ [... \ .,.rvRh..f1 ,,,.•� \J1 S.V6'4717W LOG11pN' 114TH AND ALCOVE • LUBBOCK•Tx .a5...w��.+v,�...,....+>.. a.....>.('--+.«->.,•c...Arw LUBBOCK COUNTY i maetnoxora»ona5aw>,trvxx I FtaEiWIFD II,TiE51PSMmdOf IEIM D. uMt A MSs W tRt MVTId ARKtW .. Sw>ndT,iorovndAwLur No Sf FTNf1FR N1, aD t>tl FtFM fANREi® SYNIAv1YLLV MCdNNRCtpNx IR iMffSSIpVLAN)hG hS>NDYpS RIA SPEC KLSE MNLLd1tD Fr TxE 1FN>tidlDOi TOYMDSEZDmNO FRaffSlpVl[nW[PSNOtNOSUM,dS isoi ACRES bWNP®N til FP]1[YLhY WD SUR>FYNOYRN.II(ES.CT SECimRNlt1 RFOR�RG A, (-ATF bSK • TS RCl. CCPRCIASR SKTBINAP. WY i fPOutntN C3 FIELDNOTES FAM0.NNIi ARILS W 1Nt POINT OF NTOUCHft A' ESTATEINC �r>A-..�. ,>n � '-.•v-•.>•+-..�.•T�w N.>w....t>c..>a.n.tx,'.r w.....'T 1230.2021 NS1RF m15%F7F GINNING wa">o�r m.'iwr'`Kw.��:ii:e sur.,w-.w.w x•urc�,T.•. wa OF L _ JERYLO.NAM JRL f '9 1871 Q• .txr.wvrY...�+... nN,.,.a,>Q>a x.a.w.+w i r.T •L08UR�Ed pp. ATTED: M4STIENT COWANv C. WSfRi mtmt%It � Y•• 14,001 ACRES -, 1 3 R1A SPECIFIC USE. TOWNHOUSE FIELONOTES Y SUBECTPROPERTY a" "n m` » "uw" •«�—... .f..�+>(, W N.S� x. t...,rrN �.,>-...+r,.wn.w,>..Lnr.+.T ..,...-..u.•..a,.urt,,.,, r.. 14Tt97. �x..v.�r w,a�ww+awu..t>u.w..+uw.,..>ww•,.T..rr.T.a�•..a, 1"i WE .er.r.�wr+.r u, N,w.>.� ra_ . a.r.T.w.•tu ue.v..�..w. DATE aN........s ..• r.n- .a•.....+ ... 12/3012021 SHEET TIRE ZONING MAP 400FT 800FT r.. «+t>. .,,,» ...+•wow ;OF HEET NO d 1 R2M/ E N G I N E E R I N G www.R2Meng.com C I V i t • ENVIRONMENTAL • SAFETY 5012 50' Street, Suite 204 Lubbock, TX 79414 P: (806) 783-9944 F. (806) 783-9966 Legal Description for 20.484 acre Tract for C-3 Zoning being out of SECTION 23, BLOCK A-K, H.E. & W.T. RR. CO. SURVEY ABSTRACT 263, LUBBOCK COUNTY, TEXAS A 20.484 acre tract out of the 185.145-acre Tract being out of Section 23, Block A-K, H.E. & W.T. RR. Co Survey Abstract 263, Lubbock County, Texas recorded in Instrument Number (Instr. No.) 2021063890 of the Official Public Records of Lubbock County (OPRLC), Texas and being further described as follows: BEGINNING for Point of Reference at a found % inch iron pin for the Southwest corner of said 185.145 acre tract, and the point being the Southwest corner of sail section 23, and the Northwest corner of the Zita Ann Enloe Estate recorded in Instrument Number 2011039541 (OPRLC), the Northeast corner of 87' Street Partners LLC., recorded in Instrument Number 2020031250 (OPRLC), also being the Southeast corner of Helen Jeanell Edwards ETAL, recorded in Instrument Number 2002010167 (OPRLC), having Texas Coordinate System, North Central Zone (TCSNCZ) coordinates of Northing 7242969.11, Easting 904200.48; THENCE N 01051'39" E along the West line of said Section 23, to a point; THENCE S 88010'23" E 55.00' to proposed ROW line at the Point of Beginning of this 20.484 acre tract; THENCE through the interior of said 185.145 acre tract S 88010'23" E a distance of 270.14'to a point; THENCE S 01051'39" W a distance of 579.00'to a point; THENCE S 88010'23" E a distance of 390.15'to a point; THENCE S 01051'39" W a distance of 460.00'to a point; THENCE S 88010'23" E a distance of 934.43'to a point; THENCE S 01051'39" W a distance of 273.42'to a point; THENCE N 88010'34" W a distance of 934.43' to a point; THENCE N 88010'22" W a distance of 934.43'to a point; THENCE N 85019'14" W a distance of 200.65'to a; point THENCE N 88010'27" W a distance of 219.56'to a point; THENCE N 43009'26" W a distance of 42.41'to a point; THENCE N 01051'39" E a distance of 1272.51'to the point of beginning, having an area of 20.484 acres These field notes and this survey were prepared under the supervision of Jeryl D. Hart, Jr., RPLS No. 1871 based on a partial survey on the ground on June, July, and September 2021 and has been completed substantially in compliance with the professional and technical standards promulgated by the Texas Board of Professional Engineers and Land Surveyors as identified in the Professional Land Surveying Practices Act, Section 663.13 for a zoning document. BEARING AND COORDINATE BASIS: TX N.C.Z. coordinate system NAD 83(2011, Epoch 2010). Jeryl D. Hart, Jr., RPLS No. 1871 Date: 12/30/2021 Texas Registered Engineering Firm F-9992 Texas Licensed Survey Firm 10193863 Texas Licensed Asbestos Consultant Agency 100535 MSHA and OSHA Authorized Outreach Trainers HUB & DBE Certified Firm Awm��idh' n2M/. E N G I N E E R I N G www.P,2Meng.com CIVIL - ENVIRONMENTAL - SAFETY 5012 50" Street, Suite 204 Lubbock, TX 79414 P (806) 783-9944 F (806) 783-9966 Legal Description for 122.989 acre Tract for R-1A Specific Use Garden Home Zoning being out of SECTION 23, BLOCK A-K, H.E. & W.T. RR. CO. SURVEY ABSTRACT 263, LUBBOCK COUNTY, TEXAS A 122.989 acre tract out of the 185.145-acre Tract being out of Section 23, Block A-K, H.E. & W.T. RR. Co Survey Abstract 263, Lubbock County, Texas recorded in Instrument Number (Instr. No.) 2021063890 of the Official Public Records of Lubbock County (OPRLC), Texas and being further described as follows: BEGINNING for Point of Reference at a found 'h inch iron pin for the Southwest corner of said 185.145 acre tract, and the point being the Southwest corner of sail section 23, and the Northwest corner of the Zita Ann Enloe Estate recorded in Instrument Number 2011039541 (OPRLC), the Northeast corner of 87'' Street Partners LLC., recorded in Instrument Number 2020031250 (OPRLQ, also being the Southeast corner of Helen Jeanell Edwards ETAL, recorded in Instrument Number 2002010167 (OPRLC), having Texas Coordinate System, North Central Zone (TCSNCZ) coordinates of Northing 7242969.11, Easting 904200.48; THENCE N 01051'39" E along the West line of said Section 23, to a point; THENCE S 88010'23" E 55.00' to proposed ROW line at the Point of Beginning of this 122.989 acre tract; THENCE from the Point of Beginning N 01 *51'39" E a distance of 663.57' to a point; THENCE N 46051'39" E a distance of 42.43' to a point; THENCE S 88008'30" E a distance of 70.00'to a point; THENCE S 89026'05" E a distance of 249.90' to a point; THENCE S 88010' 18" E a distance of 684.91' to a point; THENCE with a curve turning to the left with an arc length of 285.17', with a radius of 381.00', with a chord bearing of N 70°07'55" E, with a chord length of 278.56' to a point; THENCE N 56023'27" E a distance of 498.35'to a point; THENCE with a curve turning to the right with an arc length of 151.07', with a radius of 317.28', with a chord bearing of N 65°2857" E, with a chord length of 149.64' to a point; THENCE with a compound curve turning to the right with an arc length of 62.69', with a radius of 290.40', with a chord bearing of N 85043'27" E, with a chord length of 62.57' to a point; THENCE S 88010'28" E a distance of 768.07' to a point; THENCE S 46049' 13" W a distance of 21.21' to a point; THENCE S 01 046'33" W a distance of 664.01' to a point; THENCE S 01 042'30" E a distance of 49.81' to a point; THENCE with a curve turning to the left with an arc length of 82.51', with a radius of 552.25', with a chord bearing of S 09°20'03" E, with a chord length of 82.43' to a point; Texas Registered Engineering Firm F-9992 Texas Licensed Survey Firm 10193863 Texas Licensed Asbestos Consultant Agency 100535 MSHA and OSHA Authorized Outreach Trainers HUB & DBE Certified Firm AM91M'ti11kL R2M E N G I N E E R I N G www.R2Meng.com CIVIL • E N V i R O N M E N T A L • SAFETY 5012 50' Street, Suite 204 Lubbock. TX 79414 P. (806) 783-9944 F (806) 783-9966 THENCE S 14056'04" E a distance of 84.28'to a point; THENCE S 15044'57" E a distance of 105.32'to a point; THENCE S 15045'00" E a distance of 50.98'to a point; THENCE S 15044'55" E a distance of 55.14'to a point; THENCE S 14039'43" E a distance of 49.76'to a point; THENCE S 09009'37" E a distance of 82.90'to a point; THENCE N 45004'31" E a distance of 20.56'to a point; THENCE S 87058'39" E a distance of 115.73'to a point; THENCE S 01051'39" W a distance of 1270.00'to a point; THENCE N 88010'32" W a distance of 1322.22'to a point; THENCE N 01051'39" E a distance of 273.42'to a point; THENCE N 88010'23" W a distance of 934.43'to a point; THENCE N 01051'39" E a distance of 460.00'to a point; THENCE N 88010'23" W a distance of 390.15'to a point; THENCE N 01051'39" E a distance of 579.00'to a point; THENCE N 88010'23" W a distance of 270.14 'to the Point of Beginning, and containing an area of 122.989 acres. These field notes and this survey were prepared under the supervision of Jeryl D. Hart, Jr., RPLS No. 1871 based on a partial survey on the ground on June, July, and September 2021 and has been completed substantially in compliance with the professional and technical standards promulgated by the Texas Board of Professional Engineers and Land Surveyors as identified in the Professional Land Surveying Practices Act, Section 663.13. for a zoning document. BEARING AND COORDINATE BASIS: TX N.C.Z. coordinate system NAD 83(2011, Epoch 2010). Jeryl D. Hart, Jr., RPLS No. 1871 Date: 12/30/2021 Texas Registered Engineering Finn F-9992 Texas Licensed Survey Firm 10193863 Texas Licensed Asbestos Consultant Agency 100535 MSHA and OSHA Authorized Outreach Trainers HUB & DBE Certified Firm E N G I N E E R I N G www.R2Meng.com CIVIL • ENVIRONMENTAL • SAFETY 5012 50' Street, Suite 204 Lubbock, TX 79414 P (806) 783-9944 F. (806) 783-9966 Legal Description for 122.989 acre Tract for R-1A Specific Use Townhouse Zoning being out of SECTION 23, BLOCK A-K, H.E. & W.T. RR. CO. SURVEY ABSTRACT 263, LUBBOCK COUNTY, TEXAS A 15.631 acre tract out of the 185.145-acre Tract being out of Section 23, Block A-K, H.E. & W.T. RR. Co Survey Abstract 263, Lubbock County, Texas recorded in Instrument Number (Instr. No.) 2021063890 of the Official Public Records of Lubbock County (OPRLC), Texas and being further described as follows: BEGINNING for Point of Reference at a found 'h inch iron pin for the Southwest corner of said 185.145 acre tract, and the point being the Southwest corner of sail section 23, and the Northwest corner of the Zita Ann Enloe Estate recorded in Instrument Number 2011039541 (OPRLC), the Northeast corner of 87'' Street Partners LLC., recorded in Instrument Number 2020031250 (OPRLC), also being the Southeast corner of Helen Jeanell Edwards ETAL, recorded in Instrument Number 2002010167 (OPRLC), having Texas Coordinate System, North Central Zone (TCSNCZ) coordinates of Northing 7242969.11, Easting 904200.48; THENCE S 88010'32" E along the South line of said Section 23, 2,971.95' to a found iron pin w/orange cap "R2M RPLS 1871 "; THENCE N 01051'39" E along the common line of said 185.145 acre tract and the Prudential Investment Company LLC. 10-acre tract recorded in Instrument Number 2018019511 (OPRLC), to a found iron pin w/orange cap "R2M RPLS 1871" for the Point of Beginning; THENCE S 88010'33" E a distance of 330.00' to a found iron pin w/orange cap "R2M RPLS 1871 THENCE N 01051'39" E a distance of 1206.38' to a point; THENCE N 88010'28" W a distance of 583.23' to a point; THENCE S 46049' 13" W a distance of 21.21' to a point; THENCE S 01 046'33" W a distance of 664.01' to a point; THENCE S 01 042'30" E a distance of 49.81' to a point; THENCE with a curve turning to the left with an arc length of 82.51', with a radius of 552.25', with a chord bearing of S 09020'03" E, with a chord length of 82.43', to a point; THENCE S 14056'04" E a distance of 84.28' to a point; THENCE S 15044'57" E a distance of 105.32' to a point; THENCE S 15045'00" E a distance of 50.98' to a point; THENCE S 15044'55" E a distance of 55.14' to a point; THENCE S 14039'43" E a distance of 49.76' to a point; THENCE S 09009'37" E a distance of 82.90' to a point; THENCE N 45004'31" E a distance of 20.56' to a point; Texas Registered Engineering Firm F-9992 Texas Licensed Survey Firm 10193863 Texas Licensed Asbestos Consultant Agency 100535 MSHA and OSHA Authorized Outreach Trainers HUB & DBE Certified Firm R2M E N G I N E E R I N G www.R2Meniz.com CIVIL • ENVIRONMENTAL - SAFETY 5012 50" Street, Suite 204 Lubbock, TX 79414 P (806) 783-9944 F (806) 783-9966 THENCE S 87058'39" E a distance of 115.73' to the point of beginning, having an area of 15.631 acres These field notes and this survey were prepared under the supervision of Jeryl D. Hart, Jr., RPLS No. 1871 based on a partial survey on the ground on June, July, and September 2021 and has been completed substantially in compliance with the professional and technical standards promulgated by the Texas Board of Professional Engineers and Land Surveyors as identified in the Professional Land Surveying Practices Act, Section 663.13 for zoning documents. BEARING AND COORDINATE BASIS: TX N.C.Z. coordinate system NAD 83(2011, Epoch 2010). Jeryl D. Hart, Jr., RPLS No. 1871 Date: 12/30/2021 Texas Registered Engineering Finn F-9992 Texas Licensed Survey Firm 10193863 Texas Licensed Asbestos Consultant Agency 100535 MSHA and OSHA Authorized Outreach Trainers HUB & DBE Certified Firm