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HomeMy WebLinkAboutOrdinance - 2022-O0089 - Zone Case 3257-N - 06/14/2022First Reading May 24, 2022 Item No. 8.11 ORDINANCE NO. 2022-00089 Second Reading June 14, 2022 Item No. 6.32 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3257-N; A ZONING CHANGE FROM AM TO C-2 ZONING DISTRICT GENERALLY LOCATED SOUTH OF 135TH STREET AND EAST OF INDIANA AVENUE, ON 6.4 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, 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, 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.3257-N 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 AM to C-2 zoning district generally located south of 135th Street and east of Indiana Avenue, on 6.4 acres of unplatted land out of Block AK, 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. /:Wi7 1W 1,M.'9XIII 717=319 0413 Passed by the City Council on first reading on May 24, 2022 Passed by the City Council on second reading on June 14, 2022 ATTEST: Rebecca Garza, City Secretary Zone Case No.3257-N Page - 2 APPROVED AS TO CONTENT: �-'uvlz /�� JOIq Krist Sager, Interim DIctor of Planning APPROVED AS TO FORM: r elli Leisure, Assistant City Attorney vw/cityatt/Kell i/ZoneCase/ZC3257-N May 5, 2022 Zone Case No.3257-N 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 C-2 ZONING 3.1 ACRES METES AND BOUNDS DESCRIPTION of an approximate 3.1 acre tract of land located in Section 1, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East right-of-way line of Indiana Avenue as dedicated by plat recorded under County Clerk File Number (CCFN) 2018021372 of the Official Public Records of Lubbock County, Texas (OPRLCT), for the most Westerly Southwest corner of this tract, which bears S. 88°13'54" E. an approximate distance of 54.9 feet and N. 01 °46'06" E. an approximate distance of 2,951.4 feet from the Southwest corner of Section 1, Block AK; THENCE N. 01 °46'06" E., along the East right-of-way line of said Indiana Avenue, an approximate distance of 430.0 feet to a point for the Southwest corner of Tract "E", Viridian, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under CCFN 2021026352, OPRLCT, and the Northwest corner of this tract; THENCE S. 88016'57" E., at approximately 259.0 feet pass the Southeast corner of said Tract "E", continuing for an approximate total distance of 300.0 feet to a point for the Northeast corner of this tract; THENCE S. 01 046'06" W. an approximate distance of 458.8 feet to a point for the Southeast corner of this tract; THENCE N. 88013'54" W. an approximate distance of 50.0 feet to a point; THENCE N. 83005'20" W. an approximate distance of 150.6 feet to a point; THENCE N. 88013'54" W. an approximate distance of 85.0 feet to a point for the most Southerly Southwest corner of this tract; THENCE N. 43013'54" W. an approximate distance of 21.2 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for 1585 Development LLC and Rocket Partners LLC March 16, 2022 oft 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 -9mm] TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED C-2 ZONING 3.3 ACRES METES AND BOUNDS DESCRIPTION of an approximate 3.3 acre tract of land located in Section 1, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East right-of-way line of Indiana Avenue as dedicated by plat recorded under County Clerk File Number (CCFN) 2018021372 of the Official Public Records of Lubbock County, Texas (OPRLCT), for the most Westerly Northwest corner of this tract, which bears S. 88°13'54" E. an approximate distance of 54.9 feet and N. 01 °46'06" E. an approximate distance of 2,846.4 feet from the Southwest corner of Section 1, Block AK; THENCE N. 46046'06" E. an approximate distance of 21.2 feet to a point for the most Northerly Northwest corner of this tract; THENCE S. 88013'54" E. an approximate distance of 85.0 feet to a point; THENCE N. 86037'32" E. an approximate distance of 150.6 feet to a point; THENCE S. 88013'54" E. an approximate distance of 50.0 feet to a point for the Northeast corner of this tract; THENCE S. 01 °46'06" W., at approximately 233.9 feet pass the North line of the Southwest Quarter of said Section 1, continuing for an approximate total distance of 493.2 feet to a point in the Northern boundary of Tract K, Viridian Estates, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under CCFN 2018021372, OPRLCT, for the Southeast corner of this tract; THENCE N. 88016'57" W., along the Northern boundary of said Tract K, an approximate distance of 300.0 feet to a point in the East right-of-way line of said Indiana Avenue, for the Southwest corner of this tract; THENCE N. 01046'00" E., along the East right-of-way line of said Indiana Avenue, an approximate distance of 260.1 feet to a point in the North line of the Southwest Quarter of said Section 1; THENCE N. 01 "46'06" E., continuing along the East right-of-way line of said Indiana Avenue, an approximate distance of 204.8 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for 1585 Development LLC and Rocket Partners LLC March 16, 2022