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HomeMy WebLinkAboutOrdinance - 2022-O0063 - Zone Case 3463 - 04/12/2022First Reading April 12, 2022 Item No. 8.6 ORDINANCE NO. 2022-00063 Second Reading April 26, 2022 Item No. 7.49 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3463; A ZONING CHANGE FROM T TO A-2 ZONING DISTRICT GENERALLY LOCATED EAST OF UNIVERSITY AVENUE AND NORTH OF 114TH STREET ON 30.57 ACRES OF UNPLATTED LAND OUT OF BLOCK E, 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 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.3463 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 A-2 zoning district generally located east of University Avenue and north of 114th Street on 30.57 acres of unplatted land out of Block E, 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 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 April 12, 2022 Passed by the City Council on second reading on April 26, 2022 DANIEL M. POPE, MAYOR ATTEST: - K) 7- Rebe ca Garza, City Secre Zone Case No. 3463 Page - 2 APPROVED AS TO CONTENT: r o Planning APPROVED AS TO FORM: A. ' lli Leisure, Assistant City Attorney vw•'cityatt/Kelli ZoneCase/ZC3463 April 7, 2022 Zone Case No. 3463 Page - 3 21 - DELDIX LAND SURVEYING Delta Land Surveying, LLC 1310 Jarvis Street Lubbock, TX 79403 806-701-5707 www.deltalbk.com Metes and Bounds description of a 30.57 acre tract of land, being a portion of that tract described in Volume 1607, Page 672, Deed Records of Lubbock County, Texas (DRLCT), being out of Section 10, Block E, Lubbock County, Texas, and being more particularly described as follows: Beginning at point for the Southwest corner of this tract, whence the Southwest corner of said Section 10 is called to bear N88°12'24"W, 660.00 feet and N01°47'36"E, 60.00 feet; Thence N01°47'36"E, at 60.00 feet pass a set nail and shiner marked DELTA LAND SURVEYING in the center of 114th Street described in Volume 1147, Page 387, DRLCT, in the North line of a tract of land described in County Clerk File Number (CCFN) 2020049078, Official Public Records of Lubbock County, Texas (OPRLCT), at 659.88 feet pass a found 1/2" iron rod with green cap marked RPLS 4460, continuing for a total distance of 1357.92 feet to a found 1/2" iron rod with green cap marked RPLS 4460 in the South line of a tract of land described in Volume 5833, Page 19, Real Property Records of Lubbock County, Texas (RPRLCT), and for the Northwest corner of this tract; Thence S88°13'56"E, 980.18 feet to a found 1/2" iron rod with yellow cap marked HRA in the South line of that tract of land described in CCFN 2019007611, OPRLCT, for the Northwest corner of a tract of land described in CCFN 2012001664, OPRLCT, and for the Northeast corner of this tract; Thence S01°45'30"W, leaving said tract described in CCFN: 2019007611, and with the West line of said tract described in CCFN 2012001664, at 1013.47 feet pass a found 1/2" iron rod with yellow cap marked HRA, for the Southwest corner of a tract of land described in CCFN 2009033637, OPRLCT, for the Northwest corner of a tract of land described in CCFN 2009033638, OPRLCT, at 1238.36 feet pass a found 1/2" iron rod in the center of said 1141h Street, in the North line of a tract described in Volume 9422, Page 227, OPRLCT, for the Southwest corner of said tract described in CCFN 2009033638, continuing for a total distance of 1358.36 feet to a point for the Southeast corner of this tract; Thence N88012'24"W, leaving said tract described in CCFN 2009033638, a distance of 981.01 feet to the Point of Beginning. Bearings are based on the North line of Subject Tract, being previously recognized as S88°13'56"E. Survey Date: November 19, 2021 Texas License Firm Number 10194496 Texas Registered Engineering Firm Number F-22948