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Home My WebLink AboutOrdinance - 2023-O0150 - Zone Case 2011-J, Hugo Reed & Associates, Inc. For Wilkerson Investment Co. - 12/12/2023First Reading December 5, 2023 Item No. 6.9 ORDINANCE NO. 2023-00150 Second Reading December 12, 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. 2011-J; A ZONING CHANGE FROM M-1 TO A-2 ZONING DISTRICT GENERALLY LOCATED EAST OF JUSTICE AVENUE AND SOUTH OF 43RD STREET, ON 4.6 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 37, 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 ffteen (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. 2011-J 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 M-1 to A-2 zoning district generally located east of Justice Avenue and south of 43rd Street, on 4.6 acres of unplatted land out of Block AK, Section 37, 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 December 5, 2023 Passed by the City Council on second reading on December 12, 2023 ATTEST: Courtney Paz, City S eta Zone Case No. 2011-J Page - 2 APPROVED AS TO CONTENT: Kri �ten Sager, Direct • f lanning APPROVED AS TO FORM: elli Leisure, Senior Assistant City Attorney vw/cityatUKel I ilZoneCaselZC201 I -J November 6, 2023 Zone Case No. 2011-J Page - 3 � O N 0 O } '" W J cA Z N a O ;, � W E � m �a � �� z� wa �z U Z � �� o � � 2 � w � � V z Z 0 N � W � � � � � I..L Y Y O J m ti M 0 U � Z W Q O J I � w z � fl Y UQ � Y � ��^�¢O ��Fm wa°�� mmZoM ��o�z ooQ�o za°ogw ^_�� hr��0 � Q � �� W� � � Q � O Z in M � C7 w �o � 0 � � � I I � � � �'�N�il b' N NO�i � � � Q � � � �� O ~ Q J Q � � � � W� � � Z �5�505 _ � M��9Z,OSo 60S � Z � W apU � N Q a Q c� d- 3/1 b' ,O��Z � w .�.��1sn� 3„z�,s�o�ory o_ N oo>� �oo�a, oo�at � �� W ��"m U hQ� W o�� o�� ,Z�091 3��Zb.6b� I.ON / / � I� h W \ / ` � �o � ��M�,SZO cn , p �s9;81 S; �, ��9� l l�� 8� W + ,6��8� �� 0 00 � o�b�� aO�� Mo II 11 �_� ��Uc� � II m U � �^ o � ^O �� O , �� Q Qv W � 00 �r � � N r' � � � � Q � QWW 0 � �o W� Q � � Q � 0 z � �o �� , W� � / �O� '' = v Q � NORTH LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 78401 / 8061763-6642 / FAX BOB1763-3881 TEXAS REGISTERED ENGINEERING FIRM F-160 TEXAS LICENSED SURVEYING FIRM 100676•00 EXHIBIT "A" METES AND BOUNDS DESCRIPTION of an approximate 4.6 acre tract of land located in Section 37, Block AK, Lubbock County, Texas, being further described as foilows: BEGINNING at a point in the Western boundary of Lot 4, Santa Fe Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 2306, Page 81, Official Real Property Records of Lubbock County, Texas, for the most Northerly Northeast corner of this tract, which bears S. 01 °49'42" W. an approximate distance of 3102.8 feet and N. 88°10'18" W. an approximate distance of 3462.8 feet from the Northeast corner of Section 37, Block AK, Lubbock County, Texas; THENCE S. 01 °50'25" W. along the Western boundary of said Lot 4, Santa Fe Park, an approximate distance of 253.0 feet pass the Southwest corner of said Lot 4, continuing for an approximate total distance of 505.5 feet to a point; THENCE S. 70°17'48" E., an approximate distance of 179.7 feet to a point of curvature; THENCE Southeasterly, along a curve to the left, said curve having a radius of 30.0 feet, a central angle of 17°00'00", and a chord bearing of S. 78°47'48" E., and an approximate chord distance of 8.9 feet to a point of tangency; THENCE S. 87°17'48" E., an approximate distance of 127.8 feet to a point of curvature; THENCE Southeasterly, along a curve to the right, said curve having a radius of 30.0 feet, a central angle of 17°00'00", a chord bearing of S. 78°47'48" E., and an approximate chord distance of 8.9 feet to a point of tangency; THENCE S. 70°17'48" E., an approximate distance of 14.8 feet to a point of intersection in the West right-of-way line of Ironton Avenue, as described in Volume 1957, Page 782, Deed Records of Lubbock County, Texas, for the most Easterly Northeast corner of this tract; THENCE Southwesterly, along said West right-of-way line of Ironton Avenue, and along a curve to the right, said curve having a radius of 1837.9 feet, a central angle of 02°01'36", a chord bearing of S. 18°40'25" W., and an approximate chord distance of 65.0 feet to a point of intersection, for the Southeast corner of this tract; THENCE N. 70°17'48" W., an approximate distance of 772.2 feet to a point for the Southwest corner of this tract, said point also being the Southeast Corner of Lot 35, Santa Fe Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number 2015012708, Official Property Records of Lubbock County, Texas; THENCE N. 01 °49'42" E., along the Eastern boundary of said Lot 35, an approximate distance of 160.2 feet to a point intersection in the East right-of-way line of Justice Avenue, dedicated by plat recorded under County Clerk File Number 2015012708, O�cial Property Records of Lubbock County, Texas; THENCE Northeasterly, along said East right-of-way line of Justice Avenue, and along a curve to the left, said curve having a radius of 60.0 feet, a central angle of 150°00'00", a chord bearing of N. 16°49'42" E., and an approximate chord distance of 115.9 to a point of intersection; THENCE N. 01 °49'42" E., continuing along said East right-of-way line of Justice Avenue, an approximate distance of 123.0 feet to a point for the Northwest corner of this tract; THENCE S. 88°10'18" E. an approximate distance of 393.5 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT AN ACTUAL SURVEY. Prepared for Wilkerson Investment Co. September 25, 2023