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Home My WebLink AboutOrdinance - 2023-O0124 - Zone Case 3490 - 10/10/2023First Reading Second Reading September 26, 2023 October 10, 2023 Item No. 6.8 Item No. 5.35 ORDINANCE NO. 2023-00124 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3490; A ZONING CHANGE FROM T TO T SPECIFIC USE FOR AN ATHLETIC CENTER, GENERALLY LOCATED SOUTH OF 146TH STREET AND WEST OF QUAKER AVENUE, ON 3.3 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 6, 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. 3490 SECTION 1. THAT Ordinance No. 7084 and the Offcial 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 an Athletic Center zoning district generally located south of 146�h Street and west of Quaker Avenue, on 3.3 acres of unplatted land out of Block AK, Section 6, 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 generally located south of 146�h Street and west of Quaker Avenue, on 3.3 acres of unplatted land out of Block AK, Section 6, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fne not to exceed Two Thousand and No1100 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 September 26, 2023 Passed by the City Council on second reading on October 10� 2023 AT "ST: Courtney Paz, Ci y Secre Zone Case No. 3490 Page - 2 APPROVED AS TO CONTENT: v Kris en Sager, Direc of Planning APPROVED AS TO FORM: li Leisure, Senior Assistant City Attorney vwlCiryAtdKel I i IZonesIZC3490 September 7, 2023 Zone Case No. 3=190 Page - 3 HUGO REED AND ASSOCIATES, INC. '1601 AVENUE N/ LUBBOCK, TEXAS 78401 / 8081783-5842 I FAX 8061763-3881 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" PROPOSED T SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 3.3 acre tract of land located in Section 6, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at the Southwest corner of that tract described in Zoning Ordinance 2022-00015 at a point for the Southeast corner of this tract which bears N. 88°14'24" W. an approximate distance of 2903.7 feet and S. 01 °42'34" W. an approximate distance of 2917.2 feet from the Northeast corner of Section 6, Block AK; THENCE N. 88°17'26" W. an approximate distance of 477.0 feet to a point; THENCE N. 43°17'26" W. an approximate distance of 21.2 feet to a point; THENCE N. 01 °42'34" E. an approximate distance of 320.5 feet to a point; THENCE S. 88°17'26" E. an approximate distance of 280.0 feet to a point; THENCE S. 01 °42'34" W. an approximate distance of 95.0 feet to a point; THENCE S. 88°17'26" E. an approximate distance of 212.0 feet to a point in the Western boundary of said tract described in Zoning Ordinance 2022-00015; THENCE S. 01 °42'34" W., along the Western boundary of said described tract, an approximate distance of 240.5 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT AN ACTUAL SURVEY. Prepared for Red Canyon Development LLC Contains: 3.3 Acres August 3, 2023 EXHIBIT "A" T SPECIFIC USE ZONING LOCATED IN SECTION 6, BLOCK AK �� - � II I `. i� i� I� I- , . � (Y'� I 1 II L I� r �, � �- �, I� � �, �� , I� � �, � F= I� I I � I � i� I�� L P,.,� �,,,- - . R� D EA i nEr� GC F COURSE II i � i i i< i� I I� w � u, � N M O Z y I` / � �/ // N O / � 188°17'26"W 477.0'� � 155th STREET _ _ i A"'° POINT OF BEGINNING j�� THIS POINT BEARS N88°14'24'W Zg03.7 FEET & 'c�•�6'y S01'42'34"W Zg�7,p FEET FROM THE NORTHEAST % CORNER OF SECTION 6. BLOCK AK FUTURE REQUESTED T SPECIFIC USE ZONING RESIDENTIAL 3.3 ACRES Land Owner. Retl Canyon I Development LlC Z 0 Z1 � 2 46TH c-ro��- EXISTING T SPECIFIC USE ZONING �� ORD; 2022= 00015 - 133.1 ACRES FUTURE HIGH SCHOOL ER OF AIC NOT PLATTED I �ana ownec �asrri a ouaceR LLC an0 POULTRY PRISON, lLC � - � 'I � I I I I �W I� Z � �w ,� J � w � I� ^�o I g� , , �y U � r � I � � ` I Z� I � ' � � li I � i� � w �Y � ? I � ' I �_ I � I � I �I I I I I ,i �I I I� HUGO REE� AN� ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEVING FIRM 100878-00 PHONE: 806 / 763-5642 TE7lAS REGISTERED ENGINEERING FIRM F-780 FAX: 806 / 7633891 I