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HomeMy WebLinkAboutOrdinance - 2022-O0060 - Zone Case 3058-C - 04/12/2022First Reading April 12, 2022 Item No. 8.12 Second Reading April 26, 2022 1 Item No. 7.55 ORDINANCE NO. 2022-00060 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3058-C; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR RESIDENTIAL ESTATES AND A-2 TO A-1 ZONING DISTRICT GENERALLY LOCATED NORTH OF 50TH STREET AND WEST OF MILWAUKEE AVENUE, ON 31.9 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 38, 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.3058-C 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 for residential estates and A-2 to A-1 zoning district generally located north of 50th Street and west of Milwaukee Avenue, on 31.9 acres of unplatted land out of Block AK, Section 38, 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 ATTEST: Rebec a Garza, City Secre G-1. DANIEL M. POPE, MAYOR Zone Case No. 3058-C Page - 2 APPROVED AS TO CONTENT: Director of Planning APPROVED AS TO FORM: S elli Leisure, Assistant City Attorney vw. cityatt/Kelli/ZoneCase/ZC3058-C April 7, 2022 Zone Case No. 3058-C 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 EXHIBIT "A" PROPOSED A-1 ZONING METES AND BOUNDS DESCRIPTION of a 31.9 acre tract of land located in Section 38, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North right-of-way line of 501h Street for the Southeast corner of this tract which bears N. 88003'19" W. an approximate distance of 1675.2 feet and N. 01056'41" E. an approximate distance of 55.0 feet from the Southeast corner of Section 38, Block AK, Lubbock County, Texas; THENCE N. 88003'19" W., along the North right-of-way line of said 50'h Street, an approximate distance of 1038.0 feet to a point for the Southwest corner of this tract; THENCE N. 01 052'40" E. an approximate distance of 583.2 feet to a point; THENCE N. 88003'19" W. an approximate distance of 52.8 feet to a point; THENCE N. 01 052'40" E. an approximate distance of 620.9 feet to a point for the Northwest corner of this tract; THENCE S. 88007'12" E. an approximate distance of 1414.3 feet to a point for the Northeast corner of this tract; THENCE S. 01 056'41" W. an approximate distance of 323.5 feet to a point; THENCE N. 88003'19" W. an approximate distance of 322.1 feet to a point; THENCE S. 01 056'41" W. an approximate distance of 882.1 feet to the Point of Beginning. Contains: Approximately 31.9 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. Prepared for Red Spike Development, LLC March 3, 2022