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HomeMy WebLinkAboutOrdinance - 2022-O0156 - Zone Case 2538-EE - 11/01/2022First Reading October 25, 2022 Item No. 6.5 ORDINANCE NO. 2022-00156 Second Reading November 1, 2022 Item No. 5.12 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2538-EE; A ZONING CHANGE FROM R-1 TO C-4 ZONING DISTRICT AT 7714 AND 7702 32ND STREET, LOCATED NORTH OF 32ND STREET, BETWEEN ALCOVE AVENUE AND YUMA AVENUE, ALCOVE PARK ADDITION, TRACT A AND ON 10.78 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 42, TRACT C8, 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.2538-EE 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 to C-4 zoning district at 7714 and 7702 32nd Street, located north of 32nd Street, between Alcove Avenue and Yuma Avenue, Alcove Park Addition, Tract A and on 10.78 acres of unplatted land out of Block AK, Section 42, Tract C8, 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 October 25, 2022 Passed by the City Council on second reading on November 1, 2022 ATTEST: Reb4a Garza, City Secre Zone Case No. 2538-EE Page - 2 APPROVED AS TO CONTENT: j�Kbl� )kW)-7 Kri en Sager, Director o lanning APPROVED AS TO FORM: % 1 A f A Kelli Leisure, -Assistant City Attorney vw.%cityatt/Kel l i/ZoneCase/ZC2538-EE October 6, 2022 Zone Case No. 2538-EE Page - 3 AM AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 42, BLOCK AK LUBBOCK COUNTY, TEXAS (Sheet 1 of 2, Sketch of tract attached as Sheet 2) METES AND BOUNDS DESCRIPTION of a 14.78 acre tract of land located in Section 42, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the southwest corner of said 14.78 Acre tract, whence the southwest corner of Section 42, Block AK bears N 88' 03' 09" W, a distance of 55.00 feet and S 01' 58' 08" W, a distance of 888.49 feet; THENCE N 01 ° 58' 08" E an approximate distance of 468.09 feet; THENCE S 880 10' 54" E an approximate distance of 1377.62 feet; THENCE S 010 58' 32" W an approximate distance of 303.93 feet; THENCE S 050 58' 34" W an approximate distance of 149.97 feet; THENCE S 470 04' 09" W an approximate distance of 21.24 feet; THENCE N 880 09' 59" W an approximate distance of 1352.06 feet; to the Point of Beginning and containing approximately 14.78 acres. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. Prepared for: South Plains Electric Co -Op, Inc. September 1, 2022 Al"', P\a ,. IiJt as , a.6. a`atstlp,.e *"Ct S a8 10'54'E 1377 62' �Pr OP tt 1 li0. Ca151't0.t 1b l�t�• t�dPV oa`ta 41 a ' tw 1,dt f{ 1 1 I I 1 I 1 I I 1 I I I I 1 I I 1 I i I I I M I JJt I 1 i I I KITH STREET a I I I I I I Z I I I I I I I 111 I vz I za t :u I lu I vn I I I I 1 I C I I I 1 rT�0 ;80\�pJ.\1 -T--r :Jn I I 1 { 31ST STREET 1 1 I I N I I :b/ I !b: i :bJ 1 IbI I Ina 11M I I 1 1 I I I I I r�—'7--T--1--1--T-- , I I I 1 I I 1 I I I I o? C6 31ST PL ------- 32NDSTREE Nae•os•59 - ACE T--------------- _____W_1352.06- ---- __ ______________________ ----------------32NDSTREET - - - ---_ ' _------ 7.2;0,210.52_______ __________NORTHING: — II EASTING: 905,137.15 , 1 II I THE SOUTHWEST CORNER OF I I 1 I I I SECTION 42 BLOCK AK BEARS tpl> N.8803'09W. 55.00'AND S.0158'08'W.-gl'".�>Irl;l,,\ I t�, �15�C•I" I I, 888.49' FROM THIS POINT. 1ai`0� +I" IS\ I 0.J 11 �tllb I aJ J'J I I I I I I I I I II I W II 1 I : i 1 '00 I to f e l I l I I I I I II I II 5.47.04'09'W. I--(-_,--- 1 21.24' I I I 1.i1�)V' -I �Ji0.la I 1 Jet' IP .:1 I ,•�� I 3 �a :, 1 F• i I I \ 1 I I I I I 1.1 1 rl I ,tJ I I l I I I I ('---T T--[- I � un I ql 1 ur I 1 I- i I I \ ZONE CHANGE APPLICATION EXHIBIT (SHEET 2) A 14.78 ACRE TRACT OF LAND LOCATED IN SECTION 42, BLOCK AK, LUBBOCK COUNTY, TEXAS NOTES: SG,E. 1' . IW = tr ro c-s raw a -I. 9xaE vnlltr pSTMCTsrmer SCALE: V=150' 0 75' 150' 300' rs■�!�r�R■•�t+rrl�i rr�■s cry■■��a�. �'