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HomeMy WebLinkAboutOrdinance - 2023-O0010 - Zone Case 3466-A - 02/14/2023First Reading January 24, 2023 Item No. 7.3 Second Reading February 14, 2023 Item No. 5.38 ORDINANCE NO. 2023-00010 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3466-A; A ZONING CHANGE FROM R-1A AND A-1 TO A-1 AND IHC ZONING DISTRICT AT 909 98TH STREET, LOCATED SOUTH OF 98TH STREET AND WEST OF HIGHWAY 87, ON 7.4 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 11, 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.3466-A 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-1A and A-1 to A-1 and IHC zoning district at 909 981h street, located south of 98th street and west of highway 87, on 7.4 acres of unplatted land out of Block E, Section 11, 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 January 24, 2023 Passed by the City Council on second reading on February 14, 2023 TRAY PA.YNE!MAYOR ATTEST: — < Fi;:.? Z&LLA ' )K�' Rebec a Garza, City Secre Zone Case No. 3466-A Page - 2 APPROVED AS TO CONTENT: 4i&w L oq Kri t Sager, Director Planning APPROVED AS TO FORM: 111,1,4 + 'e - elli Leisure, Assistant City Attorney vw:' c ityatt/Kel l i/ZoneCase� ZC3466-A January 5, 2023 Zone Case No. 3466-A Page - 3 PROPOSED ZONING LOCATED IN SECTION 11, BLOCK E aaaaaaaaaaaaaaaaaaa4 &aaaa A ZpVNG baaaaaaaaaa EXSTING R _ /.4 ZpNING POINT OF BEGINNING / THIS POINT BEARS S88 13.54"E AN APPROXIMATE DISTANCE OF 1883 V AND SO1'57'49"W AN APPROXIMATE DISTANCE OF 793.0' FROM THE NORTHWEST CORNER OF SECTION 11, BLOCK E S88° 13'54"E 50.0' 'In---, S88°13-54"E 150.9' Z / co Z o 0 O / ,rn u') N f4 to U � W w�/v v v 0 a aO / v z c an Zo rvRN I MARS 88°13'54"E APPROXIMATE ISTANCE OF 2083.9' AND S01 ° 7'49"W AN APPROXIMATE DIS NCE OF 647.0' FROM THE N THWEST CORNER OF SECTI 11, BLOCK E EXSTING I IHC ZONING I PROPOSED I IHC ZONING 2.0 ACRES I 1;7 �u') EXISTING ZONING 10) IHC ILn 0 O 07 N09°27'42"W I 0 161.3' c° S09°2742"E 153.4' N 11 °42'20"W N 'w_ PRELIMINARY, THIS DOCUMENT SHALL 171.4' (n f NOT BE RECORDED FOR ANY PURPOSE. a a a a+ a a a THIS DOCUMENT IS RELEASED FOR 50.1' REVIEW PURPOSES ONLY. EXISTWG S77°13'O9"V1/ RELEASE DATE _ December 01, 2022 R - IA ZOAWG 142.1' S77°13'09"W H REED AND ASSOCIATES, LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 100576-W PHONE: 8061763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 8061 763-3891 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-5642 I FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED A-1 ZONING 5.4 ACRES METES AND BOUNDS DESCRIPTION of an approximate 5.4 acre tract of land located in Section 11, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northwest corner of this tract, which bears S. 88°13'54" E. an approximate distance of 1883.1 feet and S. 01°57'49" W. an approximate distance of 793.0 feet from the Northwest corner of Section 11, Block E, Lubbock County, Texas; THENCE S. 88013'54" E. an approximate distance of 150.9 feet to a point for the Northeast corner of this tract; THENCE S. 01 °57'49" W. an approximate distance of 1410.8 feet to a point; THENCE S. 09027'42" E. an approximate distance of 161.3 feet to a point for the Southeast comer of this tract; THENCE S. 77°13'09" W. an approximate distance of 142.1 feet to a point for the Southwest corner of this tract; THENCE N. 11 °42'20" W. an approximate distance of 171.4 feet to a point; THENCE N. 01 °46'06" E. an approximate distance of 1438.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for Cotton Ridge Development LLC December 1, 2022 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED IHC ZONING 2.0 ACRES METES AND BOUNDS DESCRIPTION of an approximate 2.0 acre tract of land located in Section 11, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northeast corner of this tract, which bears S. 88*13'54" E. an approximate distance of 2083.9 feet and S. 01057'49" W. an approximate distance of 647.0 feet from the Northwest corner of Section 11, Block E, Lubbock County, Texas; THENCE S. 01 °57'49" W. an approximate distance of 1552.0 feet to a point; THENCE S. 09027'42" E. an approximate distance of 153.4 feet to a point for the Southeast comer of this tract; THENCE S. 77013'09" W. an approximate distance of 50.1 feet to a point for the Southwest corner of this tract; THENCE N. 09°27'42" W. an approximate distance of 161.3 feet to a point; THENCE N. 01 °57'49" E. an approximate distance of 1556.8 feet to a point for the Northwest corner of this tract; THENCE S. 88013'54" E. an approximate distance of 50.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for Cotton Ridge Development LLC December 1, 2022