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HomeMy WebLinkAboutOrdinance - 2022-O0185 - Zone Case 2931-E - 01/10/2023First Reading December 13, 2022 Item No. 6.12 ORDINANCE NO. 2022-00185 Second Reading January 10, 2023 Item No. 5.38 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2931-E; A ZONING CHANGE FROM R-1 AND A-2 TO R-2 ZONING DISTRICT AT 223 NORTH CHICAGO AVENUE, LOCATED SOUTH OF COLGATE STREET AND WEST OF NORTH CHICAGO AVENUE, ON 32.08 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, 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.2931-E 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-2 to R-2 zoning district at 223 North Chicago Avenue, located south of Colgate Street and west of North Chicago Avenue, on 32.08 acres of unplatted land out of Block JS, 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 December 13, 2022 Passed by the City Council on second reading on January 10, 2023 ATTEST: '#1)A0 A , - K Rebe4a Garza, City S TRA , MAYOR Zone Case No. 2931-E Page - 2 APPROVED AS TO CONTENT: Kris en Sager, DirectoOf Planning APPROVED AS TO FORM: elli Leisure, Assistant City Attorney vw:'cityatt/Kelli/ZoneCase/ZC2931-E December 1, 2022 Zone Case No. 2931-E Page - 3 .- A AMD ENGINEERING_ LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 1, BLOCK JS, LUBBOCK COUNTY, TEXAS (Sheet 1 of 2, Sketch of tract attached as Sheet 2) METES AND BOUNDS DESCRIPTION of a 32.08-acre tract of land located in Section 1, Block JS, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at the southeast corner of the of the Horizon West Addition, Tract A parcel (Vol:1625, Page: 32); THENCE S 890 56' 59" E an approximate distance of 1878.70 feet; THENCE S 000 13' 25" E an approximate distance of 30.07 feet; THENCE S 450 13' 25" E an approximate distance of 21.21 feet; THENCE S 000 13' 25" E an approximate distance of 250.69 feet; THENCE N 890 59' 20" W an approximate distance of 460.22 feet; THENCE S 000 13' 25" E an approximate distance of 560.94 feet; THENCE N 890 58' 45" W an approximate distance of 853.34 feet; THENCE S 000 06' 00" W an approximate distance of 31.92 feet; THENCE N 890 56' 05" W an approximate distance of 218.82 feet; THENCE Southwesterly along a curve to the left having a radius of 315.97 feet, an arc length of 105.22 feet, a central angle of 190 04' 45", a chord distance of 104.73 feet, and a chord bearing of S 540 32' 22" W to a point of intersection along the southern property line of this tract; THENCE S 450 00' 05" W an approximate distance of 68.00 feet; THENCE N 440 59' 55" W an approximate distance of 154.31 feet; THENCE N 890 56' 05" W an approximate distance of 123.21 feet; THENCE N 000 04' 15" E an approximate distance of 889.14 feet to the Point of Beginning and containing approximately 32.08-acres. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. —_ lJ�I _ — ZONE CHANGE AP PLICATION r---1 EXHIBIT (SHEET 2) 33 I 71 11175 174 / 23-224 225 r1222271 3271 I — A 32.08 ACRE TRACT OF LANDz66 ���I CMWaL STREET LOTs U4-2T4 AND M23 I7z I I LOCATED IN SECTION 1, BLOCK ACT — — — — — — -EST �e4isCsz I JS, LUBBOCK COUNTY, TEXASA214_B 24 o!aiu6'73 1 269 261 /�/ 256 I I244 239I I I z16 -ATR,cr •,•. f _0_ � —_30 vE aiuP:¢ 257 J3AoomDN '74 WARX NI Aa 32 /272 273 274 — 1\24214 271 �J 213-B 26 2 — __--_——_ 59 2sa 1 --—1/I -"29-c 242 241 --_ 579r—I219 �219 213-A 2'E NOTESP.O.B. — 28 \ Y /S6969 E1878.70 — — — — I 76 30•07• 77SCAM I• 2W EST -— Sq7/A — 7RACT (& L-162 YV K£ST ADO/AON TRACT A (HaC.•J1525, PG.•J2) I N.• 72819080J E 912024R91 Y I 8 I Z I I I I I CB=S 54.32'22' W A-19.04'45a CH-104.73' R-315.97' L=105.22' — — — — — — — — — — — — — — N89'S8 OS'W �' - zOR-1 eAND AAE32r - a-z — S45 t3'2 9b 21.21' O W in N h T p \ — N89'59'20'W 460.22' rn I i-- I I m TRACT W. UCNT PACE 51 xORLp ,DDIT,DN aI I 'nl W MI I of i SCALE: 1'-200' 1 I 0 10V 200' 400' N.• 7282002.01 I < 1 E.• 92JIJ8.06 II La .S?'pU/•��/. 96kh0��b ., J\\\///I —J<-TI� —1)I «< I! ypOor 2-33 i _- i — — — —1— JII Y I I r— T—on 35-442 ,N-T AIM STREET +mroAND .sT iT—T 2J4 235 i 26 12]) 1239 ii—T— OUUE 107. PACE 80 2l9 241 242 1 243 24. 1 243 21, 2.> 1 2,R 1 _9-._ I 1 249 231 232 1 I 1 I LOTS 2`JOIJUUE]i>}yS PACE ! I I I - - 4>6I`2��2]I 1230 1229 122q 122) 1 226 1 225 1 2N 1223 I I I I r — ANFERST STREET \ \ / / \ \ -Iz-n I Y I I I 1 I 1 I I zzz zzl 2zo \ \ 2j7 216 r r 211 I 21. 2u I I I .15 1 1, r I] 1 12 I 41i \ , \ 43) \�� J 1�A —� -- _— �- _._ I I — 219 1 � � �� 1 4 1 4 I I � /\\ L I I 1 2.8 % \ J-Is-n I le4 I l' 1 '. 11R) 1 1 ... , ! ! .� IBB 11M 1 190 1 191 1 192 1 193 1 194 I 19s 32.08 ACRES 1,397,248.5 SO. FT.