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Home My WebLink AboutOrdinance - 2023-O0075 - Zone Case 3485 - 07/11/2023First Reading June 27, 2023 Item No. 7.2 Second Reading July 11, 2023 Item No. 5.19 ORDINANCE NO. 2023-00075 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3485; A ZONING CHANGE FROM T TO T SPECIFIC USE FOR A CEMETERY, AT 4614 EAST 50TH STREET, LOCATED SOUTH OF 50TH STREET AND EAST OF EAST LOOP 289, ON 100 ACRES OF UNPLATTED LAND OUT OF BLOCK S, SECTION 10, (PROPOSED VETERAN'S MEMORIAL CEMETERY ADDITION, TRACT A), 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, 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.3485 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 T to T Specific Use for a cemetery zoning district at 4614 East 50th Street, located south of 50th Street and east of East Loop 289, on 100 acres of unplatted land out of Block S, Section 10, (proposed Veteran's Memorial Cemetery Addition, Tract A), City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 40.03.3102 of the Codified Zoning Ordinance, which provides that a Building Permit shall be applied for and secured within thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in this case is the T zone district; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Section 40.03.3101- 40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 4614 East 50th Street, located south of 50th Street and east of East Loop 289, on 100 acres of unplatted land out of Block S, Section 10, (proposed Veteran's Memorial Cemetery Addition, Tract A), City of Lubbock, Lubbock County, Texas. SECTION 3. 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 4. 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 5. 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 June 27, 2023 Passed by the City Council on second reading on July 11, 2023 AT EST: Co ney Paz, City Secre -C - T ,MAYOR Zone Case No. 3485 Page - 2 APPROVED AS TO CONTENT: Kr' ten Sager, Director Planning APPROVED AS TO FORM: *d-WAG lliLeisiur'e, Senior Assistant City Attorney vw:`C ityAtt/Kel I i/Zones/ZC3485 June 1.2023 Zone Case No. 3485 Page - 3 _ _____________ __ WIN H!"Y!� 'lNN.l..N�..■ .....Nltl\\ 1\NII� NIi1T ■ - ■ HUGO REED AND 1601 AVENUE N I LUBBOCK EXHIBIT "A" ASSOCIATES, INC. TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of a 100.00-acre tract located in Section 10, Block S, G.C. & S.F. RR Co. Survey, Lubbock County, Texas, being a portion of that 146.63-acre tract described as Tract 10 in that Warranty Deed recorded in Volume 2318, Page 73, Real Property Records of Lubbock County, Texas, said 100.00- acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found in the South right-of-way line of F.M. Road 835, which bears S. 889 F39" E. a distance of 1118.2 feet and S. 01 ° 12'51" W. a distance of 19.6 feet from the Northwest corner of said Section 10; THENCE S. 88007'40" E., along the South right-of-way line of said F.M. 835 and the North line of said 146.63- acre tract a distance of 2374.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set for the Northeast corner of this tract; THENCE S. 01 006'22" W. a distance of 2317.81 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set in the South line of said 146.63-acre tract, same being the North line of that 150.00-acre tract described as Tract 6 in that Warranty Deed recorded in Volume 2318, Page 73, Real Property Records of Lubbock County, Texas, for the Southeast corner of this tract; THENCE N. 88050'09" W., along the South line of said 146.63-acre tract and the North line of said 150.00-acre tract a distance of 951.53 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. 32"47'20" W. a distance of 352.11 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. 09021'l5" W. a distance of 782.50 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE S. 82013'25" W. a distance of 1099.79 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set in the West line of said 146.63-acre tract and the East line of that tract conveyed to Lubbock Riverwalk LLC described in Warranty Deed recorded in County Clerk File Number 2021061620, Official Property Records of Lubbock County, Texas; THENCE N. 01"12'55" E., along the West line of said 146.63-acre tract and the East line of said Riverwalk tract a distance of 1456.64 feet to the Point of Beginning. Bearings relative to the Texas Coordinate System of 1983, North-Central Zone. Distances are surface, U.S. Survey Feet. NOTICE: This electronic file is provided for convenience purposes and is a verbatim copy of a certified description retained on file at Hugo Reed and Associates, Inc. In any case of discrepancy, the certified description governs. Page 1 of 1