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HomeMy WebLinkAboutOrdinance - 2022-O0062 - Zone Case 2538-BB - 04/12/2022First Reading April 12, 2022 Item No. 8.14 ORDINANCE NO. 2022-00062 Second Reading April 26, 2022 Item No. 7.57 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2538-BB; A ZONING CHANGE FROM T AND R-1 TO R-1A ZONING DISTRICT GENERALLY LOCATED EAST OF ALCOVE AVENUE AND SOUTH OF 4TH STREET, ON 80.538 ACRES OF UNPLATTED LAND OUT OF BLOCK D-6, SECTION 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, 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.2538-BB 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 and R-1 to R-1A zoning district generally located east of Alcove Avenue and south of 4th Street, on 80.538 acres of unplatted land out of Block D-6, Section 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 April 12, 2022 Passed by the City Council on second reading on April 26, 2022 ATTEST: AQ, &6t'c' Reb a Garza, City Secre APPROVED AS TO CONTENT: sh ,Director of Planning APPROVED AS TO FORM: elli Leisure, Assistant City Attorney vw.'cityatt/Kel l i/ZoneCase/ZC2538-BB April 7, 2022 jV DANIEL M. POPE, MAYOR Zone Case No. 2538-BB Page - 2 HUGO REED FL LANcDUBBOK,TEAS S1O C7IATES 63-5642806INC. 11 FAX TEXAS REGISTERED ENGINEERING FIRM F-760 IrMI.M..TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" METES AND BOUNDS DESCRIPTION of an 80.538 acre tract located in the North Half of Section 1, Block D-6, Lubbock County, Texas, being further described as follows: BEGINNING at a railroad spike found at the Northwest corner of that tract described in Volume 6197, Page 158, Real Property Records of Lubbock County, which is called to bear East a distance of 1546.82 feet from the Northwest corner of said Section 1; THENCE S. 88010'25" E., along the North line of said tract described in Volume 6197, Page 158, a distance of 1092.81 feet to a point, for the most Northerly Northeast corner of this tract, from which a 40 penny nail found bears S. 88°10'25" E. a distance of 0.41 feet; THENCE S. 01 041'51" W., at 48.88 feet, pass the South right-of-way line of 4th Street (F.M. 2255) as shown on plat of Lots 1-13, Hideaway Estates, a subdivision out of the Northeast Quarter of Section 1, Block D-6, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1562, Page 74 of the Deed Records of Lubbock County, Texas, continuing along the Western plat limits of said Hideaway Estates for a total distance of 684.30 feet to a 3/4" iron pipe found at the Southwest corner of said plat limits; THENCE S. 88010'24" E., along the Southern plat limits of said Hideaway Estates, at 820.04 feet pass a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at the Southeast corner of said plat limits, and the Western plat limits of Lots 14-41, Hideaway Estates, according to the map, plat and/or dedication deed there of recorded under County Clerk File Number (CCFN), 2021043062 of the Official Public Records of Lubbock County, Texas (OPRLCT), continuing for a total distance of 1003.62 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for the most Easterly Northeast corner of this tract; THENCE S. 01 036'14" W., at 0.49 feet pass a 1/2" iron rod with cap marked "RPLS 3906" found at the Northwest corner of that 4.625 acre tract described in CCFN 2013044577, OPRLCT, continuing along the West line of said 4.625 acre tract for a total distance of 634.75 feet to a point in the North line of that 76.6525 acre tract described in CCFN 2020037487, OPRLCT, from which a 1/2" iron rod with cap marked "RPLS 3906" found at the Southwest corner of said 4.625 acre tract bears S. 01 *36'14" W. a distance of 0.25 feet; THENCE N. 88009'41" W., along the Northern boundary of said 76.6525 acre tract, at 316.81 feet pass a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found, at 1002.70 feet pass a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found, from which a 2" iron pipe found bears South a distance of 0.38 feet, continuing for a total distance of 1003.65 feet to a 1/2" iron rod with cap marked "AMD" found at the Northwest corner of said 76.6525 acre tract; THENCE S. 01 °40'05" W., along the Western boundary of said 76.6525 acre tract a distance of 1309.30 feet to a point in the South line of said tract described in Volume 6197, Page 158, for the Southeast corner of this tract, from which a 1" iron pipe bears S. 88012'51" E. a distance of 1.12 feet and a 1/2" iron rod with cap marked "AMD" found at the Southwest corner of said 76.6525 acre tract bears S. 01 °40'05" W. a distance of 4.62 feet; THENCE N. 88012'51" W., along the South line of said tract described in Volume 6197, Page 158, a distance of 1092.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at the Southwest corner of said tract described in Volume 6197, Page 158, and the Southwest corner of this tract; Page 1 of 2 THENCE N. 01 °38'36" E., along the West line of said tract described in Volume 6197, Page 158, at 2578.91 feet pass a 1/2" iron rod with cap marked "4460", continuing for a total distance of 2628.91 feet to the Point of Beginning. Contains: 3,508,234 square feet Bearings relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0, North-Central Zone Distances and areas are surface, U.S. Survey Feet Surveyed on the ground, January 21, 2022 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Page 2 of 2