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Home My WebLink AboutOrdinance - 2022-O0113 - Zone Case 3465 - 08/09/2022First Reading July 26, 2022 Item No. 6.8 ORDINANCE NO. 2022-00113 Second Reading August 9, 2022 Item No. 6.21 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3465; A ZONING CHANGE FROM T TO IHI, A-1 AND R-1A SPECIFIC USE FOR GARDEN HOMES, AT 401 146TH STREET AND 202 EAST 146TH STREET, LOCATED NORTH OF WOODROW ROAD AND EAST OF U.S. HIGHWAY 87, ON 758.9 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTIONS 19 AND 20, 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.3465 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 IHI, A-1 and R-1A Specific Use for Garden Homes zoning district at 401 146d' Street and 202 East 14611 Street, located north of Woodrow Road and east of U.S. Highway 87, on 758.9 acres of unplatted land out of Block E, Sections 19 and 20, 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 401 14611 Street and 202 East 1461h Street, located north of Woodrow Road and east of U.S. Highway 87, on 758.9 acres of unplatted land out of Block E, Sections 19 and 20, 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. Zone Case No. 3465 Page - 2 AND IT IS SO ORDERED. Passed by the City Council on first reading on July 26, 2022 Passed by the City Council on second reading on August 9, 2022 ATTEST: AA A Rebecka Garza, City Sect!) ec tart' APPROVED AS TO CONTENT: �jt�Lv--� Kri ten Sager, Direc of Planning APPROVED AS TO FORM: K li Leisure, Assistant City Attorney vw/CityAtt1Kelli/Zones/ZC3465 July 7, 2022 Zone Case No. 3465 Page - 3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-6642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676.00 EXHIBIT "A" PROPOSED IHI ZONING METES AND BOUNDS DESCRIPTION of an approximate 54.5 acre tract of land located in Section 20, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Southeast corner of this tract which bears N. 88°10'25" W. an approximate distance of 1271.8 feet and N. 01 049'35" E. an approximate distance of 1316.6 feet from the Southeast corner of Section 20, Block E; THENCE N. 88010'25" W. an approximate distance of 617.2 feet to a point for the Southwest corner of this tract; THENCE N. 11 °44'14" W. an approximate distance of 1736.2 feet to a point of curvature; THENCE Northwesterly, along a curve to the right, said curve having a radius of 5729.58 feet, a central angle of 13040'00", a chord distance of 1363.4 feet and a chord bearing of N. 04058'59" W. to a point of tangency; THENCE N. 01 050'40" E. an approximate distance of 852.3 feet to a point for the Northwest corner of this tract; THENCE S. 88008'59" E. an approximate distance of 600.0 feet to a point for the Northeast corner of this tract; THENCE S. 01 050'40" W. an approximate distance of 853.3 feet to a point of curvature; THENCE Southeasterly, along a curve to the left, said curve having a radius of 5130.00 feet, a central angle of 13°34'55", a chord distance of 1213.2 feet and a chord bearing of S. 04056'47" E. to a point of tangency; THENCE S. 11044'14" E. an approximate distance of 1888.9 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT AN ACTUAL SURVEY. Prepared for Loop 88 LLC Contains: 54.5 Acres June 1, 2022 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK. TEXAS 79401 1 8061763-S642 / FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 EXHIBIT "A" PROPOSED A-1 ZONING METES AND BOUNDS DESCRIPTION of an approximate 5.3 acre tract of land located in Section 20, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Southwest corner of this tract which bears N. 88010'25" W. an approximate distance of 1271.8 feet and N. 01 049'35" E. an approximate distance of 1316.6 feet from the Southeast corner of Section 20, Block E; THENCE N. 11 °44'14" W. an approximate distance of 1568.6 feet to a point for the Northwest corner of this tract; THENCE N. 78°15'46" E. an approximate distance of 152.0 feet to a point for the Northeast corner of this tract; THENCE S. 11*44'14" E. an approximate distance of 1329.6 feet to a point; THENCE S. 01 053'40" W. an approximate distance of 268.0 feet to a point for the Southeast corner of this tract THENCE N. 88°10'25" W. an approximate distance of 91.4 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT AN ACTUAL SURVEY. Prepared for Loop 88 LLC Contains: 5.3 Acres June 1, 2022