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HomeMy WebLinkAboutOrdinance - 2019-O0009 - Zone Case 3274-C - 01/22/2019First Reading Second Reading January 10,2019 January 22,2019 Item No. 7.5 Item No. 9.6 ORDINANCE NO.7,019-00009 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:ZONE CASE NO.3274-C;A ZONING CHANGE FROM R-l AND C-2A TO IHC ZONING DISTRICT AT 13201 UNIVERSITY, NEAR THE SOUTHEAST CORNER OF 130™STREET AND UNIVERSITY AVENUE,9.38 ACRES OF UNPLATTED LAND OUT OF BLOCK E SECTION 16,AB 664,TRACT B2 OF THE NW 1/4 ,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 Interim 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 Interim 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.3274-C 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 C-2A to IHC zoning district at 13201 University, near the southeast corner of 130th Street and University Avenue, 9.38 acres of unplatted land out of Block E Section 16, AB 664, Tract B2 of the NW 1/4, 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 10, 2019 Passed by the City Council on second reading on January 22, 2019 ATTEST: Q )K Rebe ca Garza, City Secr �Jry DANIEL M. POPE, MAYOR Zone Case No. 3274-C page - 2 of 2 APPROVED AS TO CONTENT: AJ Fawver, Director of Planning APPROVED AS TO FORM: C elli Leisure, Assistant City Attorney v w/c ityatt/Ke l l i/ZoneC ase/Z C3 2 74-C December 4, 2018 Zone Case No. 3274-C page - 3 of 2 6310 Genoa Ave. Suite A, Lubbock TX. 79424 Phone:806-687-1569 Fax:806-702-8995 Texas Firm Registration No. 10087500 E-mail: stevenssurvey@hotmail.com b norris@stevenssurvey.com DESCRIPTIONS FOR ZONING REQUESTS IN THE NORTHWEST QUARTER OF SECTION 16, BLOCK E, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NO. 664, LUBBOCK COUNTY, TEXAS Tract One, Request for Proposed Zone Change of C-2A to IHC: A 3.434 acre tract of land, more or less, located in the Northwest Quarter (NW/4) of Section 16, Block E, G.C. & S.F. RR. Co. Survey, Abstract No. 664, Lubbock County, Texas, said 3.434 acre tract being further described by metes and bounds as follows: BEGINNING at a point in the proposed east right-of-way line of University Avenue for the northwest corner of this tract and having coordinates of Northing: 7,235,677.34 and Easting: 941,048.69, Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence the northwest corner of said Section 16 bears N. 88' 11' 22" W. a distance of 55.00 feet and N. 01' 48' 38" E. a distance of 842.41 feet, said section corner having coordinates of Northing: 7,236,520.86 and Easting: 941,020.34, Texas Coordinate System of 1983 (2011), Texas North Central Zone; THENCE S. 880 11' 22" E., along the south line of a proposed 30.710 acre tract, a distance of 281.47 feet to a point for the northeast corner of this tract, same being the northwest corner of a 6.091 acre tract of land herein described as Tract Two; THENCE S. 010 48' 38" W., at a distance of 378.76 feet pass the southwest corner of said Tract Two, continuing along the west line of a proposed alley for a total distance of 519.90 feet to a point of intersection and the most easterly southeast corner of this tract; THENCE S. 450 25' 44" W. a distance of 14.48 feet to a point of intersection in the north line of proposed 134th Street for the most southerly southeast corner of this tract; THENCE westerly, along a curve to the right and the north line of proposed 134th Street, an arc distance of 89.88 feet, said curve having a radius of 1927.00 feet, a delta angle of 02' 40' 21 ", a chord distance of 89.87 feet and a chord bearing of N. 89' 28' 03" W., to a point of tangency and a corner of this tract; THENCE N. 880 0753" W., along the north line of proposed 134th Street, a distance of 166.62 feet to a point of intersection for the most southerly southwest corner of this tract; THENCE N. 430 09' 38" W. a distance of 21.22 feet to a point of intersection in the proposed east right-of-way line of University Avenue for the most westerly southwest corner of this tract; THENCE N. 010 48' 38" E., parallel with and 55.00 feet east of the west line of said Section 16 and along the proposed east right-of-way line of University Avenue, a distance of 517.20 feet to the POINT OF BEGINNING. Bearings are based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. Distances are at surface, in U.S. survey feet. Tract Two, Request for Proposed Zone Change of R-1 to IHC: A 6.091 acre tract of land, more or less, located in the Northwest Quarter (NW/4) of Section 16, Block E, G.C. & S.F. RR. Co. Survey, Abstract No. 664, Lubbock County, Texas, said 6.091 acre tract being further described by metes and bounds as follows: BEGINNING at a point in the south line of a proposed 30.710 acre tract for the northwest corner of this tract, same being the northeast corner of a 3.434 acre tract of land herein described as Tract One, and having coordinates of Northing: 7,235,668.45 and Easting: 941,329.95, Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence the northwest corner of said Section 16 bears N. 88' 11' 22" W. a distance of 336.47 feet and N. 01 ° 48' 38" E. a distance of 842.41 feet, said section corner having coordinates of Northing: 7,236,520.86 and Easting: 941,020.34, Texas Coordinate System of 1983 (2011), Texas North Central Zone; THENCE S. 880 11' 22" E., along the south line of a proposed 30.710 acre tract, a distance of 983.63 feet to a point in the west line of a proposed alley and the northeast corner of this tract; THENCE S. 01 48' 38" W., along the west line of said proposed alley, a distance of 96.01 feet to a point of intersection and the most easterly southeast corner of this tract; THENCE S. 460 48' 38" W. a distance of 21.21 feet to a point of intersection in the north line of a proposed alley for the most southerly southeast corner of this tract; THENCE N. 880 11' 22" W., along the north line of said proposed alley, a distance of 68.30 feet to a point of intersection and a corner of this tract; THENCE S. 660 49' 03" W., along the north line of said proposed alley, a distance of 394.75 feet to a point of intersection and a corner of this tract; THENCE S. 720 08' 07" W., along the north line of said proposed alley, a distance of 29.87 feet to a point of intersection and a corner of this tract; THENCE S. 770 27' 10" W., along the north line of said proposed alley, a distance of 351.61 feet to a point of intersection and a corner of this tract; THENCE S. 840 37' 54" W., along the north line of said proposed alley, a distance of 29.76 feet to a point of intersection and a corner of this tract; THENCE N. 880 11' 22" W., along the north line of said proposed alley, a distance of 144.26 feet to a point in the west line of a proposed alley and in the east line of said Tract One for the southwest corner of this tract; THENCE N. 010 48' 38" E., along the east line of said Tract One, a distance of 378.76 feet to the POINT OF BEGINNING. Bearings are based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. Distances are at surface, in U.S. survey feet. These descriptions were prepared for purposes of zoning requests and do not represent a survey made upon the ground. These descriptions are compiled from information obtained in previous surveys made within said Section 16 and encompassing these tracts. SKETCH OF A 3.434 ACRE TRACT OF LAND AND A 6.091 ACRE TRACT OF LAND IN I i THE NORTHWEST QUARTER OF SECTION 16, BLOCK E, 11(CCF,V CRE I I 41.94ACRETRACT I i G.C. & S.F. RP- CO. SURVEY, ABSTRACT NO. 664, (CCFN70080054751 5475) (VOL. 6484. PG. 245/ I-, 1 LUBBOCK COUNTY, TEXAS 1 I R = 2804.93' (PARENT TRACT: WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NO 2015033573 4.992 ACRE TRACT I 4.717ACRE TRACT NORTHWEST CORNER OF I L = 196.67' I OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY. TEXAS) (CCFN 20I4036049 I (CCFN 2012017323) I ) 1 SECTION 15 BLOCKE I A = 4'01'17" I ZONFj CAANGE REQUESTI I I I i 1 1 I 1 TING: 941,020.34 40 55'L N.89°49'10"E.----___ I _ _ _ _ 1 I - - - 5.88'08'12"E. 416.89' EXISTI,YG �G,RTWNG: 941, 20.34 CH = 196.83' I S E C T J O N 1$, B I, O �' R E I I �_____ (VOL 482, PG. I) 5.88°08'11 E. 2202.08 R-0.NIEASE,HENT -Y---__J__--__-__--1_--_---_i--__-_-__-4 i I _ I - - _ - NORTH LINE OF SECTION 16 q P.AL 1585 (1307HS7) - - _ _ _ _ _ _ _ _ W EASEAFEVT (VOL 490, PG 699) -I 1 3.038 ACRE TRACT O I `-- I (voL.102n.PGaz) 20' PROPOSED DRE - - - r----------------- {j-� II 1 0----- l II � D.9s7ACRErRAcr i a I I II I I I I (CCFN 2010007448) I I I I +_ ___--- O-WLINE FOR LOOP eg --y j PROPOSED R-O-W LINE FOR LOOP 88 PROPOSED R- R = 7958.00' y /� I 1 L5I 5.88°07'14'E. n R = 8042.09 I I L = 733.95' S.88°08'09'E. 609.75' I J_ ___3_27.BT____�f L4� �R=8056.00• L= 166.33 L=575.60 Z A=05°77'03" A= 04°06'03' I I CH = 733.69 ry I I o i II u / A=01°10'S9' Ll J CH = 166.59 CH = 575.4T > N.89°13'20"E. N.BB°3T49'E. I < I I . o 5.88'43'38E. / I Z I Norp(CCFA2NO P0�o�s�) IHC 2 4 �I U 2& I I y Ll: S.S8°42'10"E. 34.68' -__ L2: N.01 °20'46'E. 58.80' I I (30.710 ACRES) > c O I O J W 1 -7 I m 50'PROP.DRE / / L3: N.01°47'10'E. 64.17 L4: S.88°35'44'E. 4.11 I I I -I m 2, L5: 5.88"08'09'E. 81.16 L6: N.01°02'13'E. 19.42' I I b I o I I 1 e z J Q 3 // S.88°11'22"E. (1265.10') I j 13.434 ACRES � � � NORTHING: 7,235, 677.34 �� n EASTING: 4g.69 I I [. a LL In j i0 II � G I y 134THSTREET Ir N.43°09'38W. 1 21.22' I I II I �I I �I z ao co 16.091 ACRES R-1 TO IHC V w NORTHING: 7,235,668.45 (6.091 ACRES 96.01' ) " a EASTING: 941,329.95 Aug 5.46°48'38"0. r• m. _ ,_ 8°11'22"W. 144.26' J 166.62' r-) 141.14' R = 1927.00' L=89.88' LS.45°2544'I A = 2°40'21"--F 1I4.418 CH = 89.87' �a g9p3Hd-39 N.88°11'22"W. 21I1.21' \ \ 68.30F A FUTURE PHASE 5 LOTS 596-A & B THRU 599 133RD STREET AND LOTS 600 THRU 744 BELL FARMS 133RDMEET I�Iz 1py (IN DESIGN PROCESS) Iyl� 'z lol LEGEND: n 1 a SCALE: 1" = 3W 1 i 50, 300' 0' 150' 600' ' HEAVY LINES INDICATE LIMITS OF SURVEY. „ CCFN = COUNTY CLERK'S FILE NUMBER. P&D = PLAT & DEDICATION. ' - BEARINGS ARE RELATIVE TO THE TEXAS COORDINATE SYSTEM OF 1983 (2011). TEXAS NORTH CENTRAL ZONE. DISTANCES ARE AT SURFACE, IN U.S. SURVEY FEET. PREPARED NOV. 9, 2018: FOR ZONE CHANGE REQUEST ONLY II I 1 II s I L--'s- I ESrnTE F_,pC,TV"S 1-32 G1 OTPG. 164) (VOL. I SI NORTHWEST CORNER OF I THE EAST HALF OF d SECTION 16, BLOCKE NORTHING: 7,236,43572 EASTING: 943,63727 S.47°07'12' W. 14.22' 60 4 oQ P V E� 9 SHEET 3 OF 2 DESCRIPTION ATTACHED AS SHEET I.