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Home My WebLink AboutOrdinance - 2023-O0128 - Zone Case 3489 - 10/10/2023First Reading September 26, 2023 Item No. 6.12 ORDINANCE NO. 2023-00128 Second Reading October 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. 3489; A ZONING CHANGE FROM T TO R-2 ZONING DISTRICT GENERALLY LOCATED SOUTH OF 146T" STREET AND WEST OF FRANKFORD AVENUE, ON 207.15 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 10, 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: f��C1)�_9[�7:I.y-��Cl�t�'% 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 R-2 zoning district generally located south of 146�h Street and west of Frankford Avenue, on 207.15 acres of unplatted land out of Block AK, Section 10, 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 September 26, 2023 Passed by the City Council on second reading on October 10, 2023 ATTEST: C ney Paz, .ity Secretar Zone Case No. 3489 Page - 2 APPRO ED AS TO CONTENT: Kristen Sager, Di ct r of Planning APPROVED AS TO FORM: , elli Leisure, Senior Assistant City Attorney v w/c ityatt/Ke I I ilZoneCaselZC3489 September 7, 2023 Zone Case No. 3489 Page - 3 Exhibit "A" METES AND BOiJNDS DESCRIPTION of a 207.15 acre tract located in Section 10, Block AK, Abstract 704, Lubbock County, Texas, being a portion of a 639.316 acre tract described under County Clerk File Number 2021006764, Official Public Records of Lubbock County, Texas, said 207.15 acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set in the Northern boundary of a 639.316 acre tract, described under County Clerk File Number 2021006764, Official Public Records of Lubbock County, Texas, for the Northwest corner of this tract, which bears S. 88° 17'S3" E. a distance of 1998.28 feet from a 1" iron pipe found at the Northwest corner of Section 10, Block AK, Lubbock County, Texas; THENCE S. 88°17'S3" E., along the North line of said Section 10 and the Northern boundary of said 639.316 acre tract, a distance of 2976.39 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set for the most Northerly Northeast corner of this tract, whence a"MAG" spike found at the Northeast corner of said Section 10 and the Northeast corner of said 639.316 acre tract bears S. 88°17'S3" E. a distance of 350.00 feet; THENCE S. O1°52'42" W. a distance of 365.00 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE S. 88° 17'S3" E. a distance of 350.00 feet to a"MAG" nail with shiner set in the East line of said Section 10 and the Eastern boundary of said 639.316 acre tract, for the most Easterly Northeast corner of this tract; THENCE S. O 1°52'42" W., along the East line of said Section 10 and the Eastern boundary of said 639.316 acre tract, a distance of 2938.37 feet to a"MAG" nail with shiner set for the Southeast corner of this tract; THENCE N. 88°06' 18" W. a distance of 50.00 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. 43°06'48" W. a distance of 42.43 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. 88°06' 18" W. a distance of 70.00 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. 86°00' 19" W. a distance of 150.11 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. 88°06'18" W. a distance of 1051.35 feet to a 112" iron rod with cap marked "�-IUGO REED & ASSOC." set for the most Southerly Southwest corner of this tract; THENCE N. O 1°53'42" E. a distance of 64.00 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. 46°47'S4" E. a distance of 21.18 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. O1°42'07" E. a distance of 765.31 feet to a 112" iron rod with cap marked "t-lUGO REED & ASSOC." set; THENCE N. 43° 12'06" W. a distance of 21.25 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. 88°06'18" W. a distance of 881.10 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE S. 46°47'S4" W. a distance of 21.18 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE S. O 1°42'07" W. a distance of 2.00 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set. THENCE N. 88°06'18" W. a distance of 64.00 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. 43°12'06" W. a distance of 21.25 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC." set; THENCE N. 88°06' 18" W. a distance of 998.20 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set for the most Westerly Southwest corner of this tract; THENCE N. O 1°53'42" E. a distance of 2399.36 feet to the Point of Beginning. Contains: 207.15 acres Y a Z ZY O go�J U 000� a�� UZ� am� �o w=W ��o U' X� wUU Z W " � W Y = Q�U U �Zm Z o u1 � ON Q J Q O J � � 0 a , ;, _o ui � ¢ N o 0 N 8 0 ��--�--L.lL1 _ s s U� a V O- up N O - ,r- .� ... N n � � N � � M n � � 3 � � a � � U Q � � O N � , #�� W�o '�Fa'dr ��o� w � �^ U� �x 0 0 N O� O wE ] N O CH c� i zp Z LL p N N � �� U W W �Z N � � w� � C � N -N- � N z � �� . n o p � � N N� O (V _� O - (q \�� o� �� o�Z fV N � N V Z N zz „m� W $ �w '^� m ��#� za �i zH €'�� tu � a` �` j �' Z � � J m � U 0. 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