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HomeMy WebLinkAboutOrdinance - 2022-O0184 - Zone Case 1893-EE - 01/10/2023First Reading December 13, 2022 Item No. 6.11 ORDINANCE NO. 2022-00184 Second Reading January 10, 2023 Item No. 5.37 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-EE; A ZONING CHANGE FROM R-1 AND A-1 TO R-2 ZONING DISTRICT GENERALLY LOCATED NORTH AND SOUTH OF 3" STREET AND WEST OF HURON AVENUE, ON 2.505 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 2, 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. 1893-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 and A-1 to R-2 zoning district generally located north and south of 3111 Street and west of Huron Avenue, on 2.505 acres of unplatted land out of Block JS, Section 2, 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 December 13, 2022 Passed by the City Council on second reading on January 10, 2023 ATTEST: Rebefca Garza, City Sec TRA YNE, MAYOR Zone Case No. 1893-EE Page - 2 APPROVED AS TO CONTENT: 6�41 &LA — Kri en Sager, Dire r of Planning APPROVED AS TO FORM: r illi Leisure, Assistant City Attorney vw.!cityatt/KellVZoneCase/ZC 1893-EE December 1, 2022 Zone Case No. 1893-EE Page - 3 ZONE A-1 TO ZONE R-2 Metes and Bounds description of a 2.505 acre (109,100.2 Sq. Ft) tract of land, being a portion of that tract described in County Clerk File Number (CCFN) 2022010019, Official Public Records of Lubbock County, Texas (OPRLCT), all of that tract described in CCFN: 2022016928, OPRLCT, all of 3rd Street described in Volume 5313, Page 87, Real Property Records of Lubbock County, Texas (RPRLCT), and being out of Section 2, Block JS, Lubbock County, Texas, being more particularly described as follows; Beginning at a found 5/8" iron rod in the South Right of Way line of 3rd Street as recorded in Volume 6672, Page 328, RPRLCT, for the Northwest corner of Lot 315, Shadow Hills, an Addition to the City of Lubbock, Lubbock County, Texas, as recorded in said Volume 6672, Page 328, and for the most Easterly Northeast corner of this tract; Thence S00012'25"W, leaving said 3rd Street and with the West line of said Lot 315, approximately a distance of 138.1 feet to a point for the Southeast corner of this tract; Thence N74009'03"W, approximately a distance of 152.0 feet to a point for a corner of this tract; Thence N89°47'35"W, approximately a distance of 335.7 feet to a point in the East line of that tract described as Tract 5 in Volume 6937, Page 8, RPRLCT, for the Southwest corner of this tract; Thence N00012'25"E, with the East line of said Tract 5, approximately a distance of 265.4 feet to a found 1/2" iron rod for a corner of that tract described in Volume 6547, Page 322, RPRLCT, and for the Northwest corner of this tract; Thence N81°28'16"E, leaving said Tract 5 and with a common line of said tract described in Volume 6547, Page 322, approximately a distance of 281.7 feet to a found 1/2" iron rod for a corner of this tract; Thence N75°16'41"E, continuing with a common line of said tract described in Volume 6547, Page 322, approximately a distance of 11.8 feet to a found 1/2" iron rod with orange cap for the Northwest corner of Lot 72, Shadow Hills Villas, an Addition to the City of Lubbock, Lubbock County, Texas, as recorded in Volume 6687, Page 133, RPRLCT, and for the most Northerly Northeast corner of this tract; Thence S00007'56"W, leaving said tract described in Volume 6547, Page 322 and with the West line of said Lot 72, approximately a distance of 181.7 feet to a point in the South Right of Way line of said 3rd Street for a corner of this tract; Thence Southeasterly, with said 3rd Street and with the arc of a curve to the right, an arc length of approximately 195.4 feet to the Point of Beginning; said arc having a radius of 673.27 feet, a central angle of 16°37'33"E, and a chord that bears S80°11'38"E, a chord distance of approximately 194.7 feet. These field notes do not represent a survey made on the ground. These field notes are for zone case purposes only. Date: October 24, 2022 Delta Land Surveying Job No. 221038