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HomeMy WebLinkAboutOrdinance - 2024-O0064 - Zone Case 3500, PLANT-AS-DNPS-003-1, LLC - 05/14/2024First Reading April 23, 2024 Item No. 7.5 Ma 14, 'I Item No. 6.31 ORDINANCE NO. 2024-00064 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3500; A ZONING CHANGE FROM SF-2 TO RE ZONING DISTRICT AT 4901, 5002, 5004, AND 5401 EAST ERSKINE STREET, LOCATED SOUTHEAST OF EAST HIGHWAY 62, NORTH AND SOUTH OF EAST ERSKINE STREET, AND NORTH OF ACUFF ROAD, ON 693.3 ACRES OF UNPLATTFD LAND OUT OF BLOCK A, SECTIONS 23 AND 26, LUBBOCK, TEXAS; PROVIDING A P>E N.' 1:TY; PROVIDING A SAVINGS CLAUSE; AND, PROVIDING FOR PUBLICA"11ON. 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 cl-.iiwed conditions, it would be expedient and in the interest of the public health, safci` and general welfare to make those proposed changes in zoning; and WHEREAS, all conditions precedent required b� '',nv for a valid amendment to the Zoning Ordinance and Map have been fully comhlie�i 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 GO % cr:lment Code §211,007 (Vernon, 1990), and notice was duly published in the Lubbock A� aiariL:he-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 Mur:icipal Building, I_, ill1-)h;�cl:, Texas, at which time persons appeared in support of the proposal; and after sa:,-. hearing, it was by the City Council determined that it would be in 'Llhe public interest, e.« to cEinged conditions, that the Zoning Ordinance and the Zon:n� Map be amended in ':he m :rarer hereinafter set forth in the body of this Ordinance and this Ordinance having been ;prior to first reading hereof, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LL113BOCK: ZONE CASE NO. 3500 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 SF-2 to RE zoning district at 4901, 5002, 5004, and 5401 East Erskine Street, located southeast of East Highway 62, north and south of East Erskine Street, and north of Acuff Road, on 693.3 acres of unplatted land out of Block A, Sections 23 and 26, 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 paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitu'L1'()i-.1,.11l or invalid for any reason, the remainder of this Ordinance shall not be affected 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 April ;, 2024 Passed by the City Council on second reading on May 14, 2024 ATTEST: C/o A�&z Courtney Paz, City Secretary APPROVED AS TO CONTENT: Kristen Sager, Dire& o of Planning APPROVED AS TO FORM: Y#V&A-4 K Ili Leisure, Senior Assistant City Attorney vw/cityatt/Kell i/ZoneCase/ZO 500 April 4, 2024 Zone Case No. 3500 Page - 2 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763.5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 Mal I TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" METES AND BOUNDS DESCRIPTION of an approximate 693.3 acre tract, being that same tract described in Volume 7653, Page 50 of the Official Public Records of Lubbock County, Texas, located in Section 23, Block A, John H. Gibson Survey, Lubbock County, Texas, and that tract described under County Clerk File Number 202106488 of the Official Public Records of Lubbock County, Texas, located in Section 26, Block A, John H. Gibson Survey, Lubbock County, Texas, said 693.3 acre tract being further described as follows: BEGINNING at a point for the Northwest corner of Section 23 and the Southwest corner of Section 26, Block A, John H. Gibson Survey, Lubbock County, Texas; THENCE N. 01 °23'26" E., along the West line of said Section 26, an approximate distance of 3299.7 feet to a point for the Northwest corner of this tract; THENCE S. 88°37'18" E., along the Southern boundary of various tracts in Franklin Estates, an unrecorded subdivision, an approximate distance of 1831.1 feet to a point at the Southeast corner of said Franklin Estates and the Southwest corner of Barnard Tracts, an unrecorded subdivision; THENCE S. 88°36'34" E., along the Southern boundary of said Barnard tracts, an approximate distance of 3447.0 feet to a point in the East line of said Section 26, for the Northeast corner of this tract; THENCE S. 01 °28'33" W, along the East line of said Section 26, an approximate distance of 3292.7 feet to a point at the Southeast corner of said Section 26 and the Northeast corner of said Section 23, same being the most Easterly Southeast corner of this tract; THENCE N. 88°41'24" W., along the South line of said Section 26 and the North line of said Section 23, an approximate distance of 1813.5 feet to a point at the Southeast corner of a 3.0 acre tract described under County Clerk File Number (CCFN) 2019042553 of the Official Public Records of Lubbock County, Texas (OPRLCT), and a corner of this tract; THENCE N. 27043'55" E., along the Eastern boundary of said 3.0 acre tract, an approximate distance of 320.4 feet to a point at the Northeast corner of said 3.0 acre tract and a corner of this tract; THENCE N. 88°39'51" W., along the Northern boundary of said 3.0 acre tract, an approximate distance of 521.2 feet to a point at the Northwest corner of said 3.0 acre tract and a corner of this tract; THENCE S. 01*18'36' W., along the Western boundary of said 3.0 acre tract, an approximate distance of 87.2 feet to a point for a corner of said 3.0 acre tract and a corner of this tract; THENCE N. 88041'24" W., along the Western boundary of said 3.0 acre tract, at an approximate distance of 7.2 feet pass a corner of said 3.0 acre tract and the Northeast corner of a 0.5 acre tract described as "Tract 1" in Volume 5754, Page 112 of the Official Real Property Records of Lubbock County, Texas (ORPRLCT), continuing for an approximate total distance of 442.7 feet to a point at the Northwest corner of a 1.5 acre tract as described under CCFN 2019043917, OPRLCT, and a corner of this tract; THENCE S. 01018'36" W., along the Western boundary of said 1.5 acre tract, an approximate distance of 200.0 feet to a point in the South line of said Section 26 and the North line of said Section 23, at the Southwest corner of said 1.5 acre tract, same being the Southwest corner of the Southeast Quarter of said Section 26, and a corner of this tract; THENCE N. 88°41'24" W., along the South line of said Section 26 and the North line of said Section 23, an approximate distance of 15.8 feet to a point at the Northwest corner of an 11.8 acre tract described under CCFN 2020033841, OPRLCT, for an "ell" corner of this tract; Page 1 of 2 THENCE S. 01020'12" W., along the Western boundary of various tracts, an approximate distance of 4924.9 feet to a point at the Northeast corner of a 0.6 acre tract described under CCFN 2017020118, OPRLCT; THENCE N. 88°41'22" W., along the Northern boundary of various tracts, an approximate distance of 1063.2 feet to a point at the Northwest corner of a 1.3 acre tract described in Volume 3464, Page 252, ORPRLCT, for an "ell" corner of this tract; THENCE S. 01'18'38" W., along the Western boundary of said 1.3 acre tract and a 0.3 acre tract described in Volume 6671, Page 146, ORPRLCT, an approximate distance of 300.0 feet to a point in the North line of a 40 foot right-of-way easement described in Volume 215, Page 189 of the Deed Records of Lubbock County, Texas, at the Southwest corner of said 0.3 acre tract and the most Southerly Southeast corner of this tract; THENCE N. 88°41'22" W., along said easement line, an approximate distance of 135.4 feet to a point at the Southeast corner of a 1.4 acre tract described in Volume 423, Page 336 of the Deed Records of Lubbock County, Texas, and a corner of this tract; THENCE N. 01018'38" E., along the Eastern boundary of said 1.4 acre tract, an approximate distance of 300.0 feet to a point at the Northeast corner of said 1.4 acre tract and an "ell" corner of this tract; THENCE N. 88041'22" W., along the Northern boundary of various tracts, an approximate distance of 1088.0 feet to a point at an "ell" corner of a 1.5 acre tract described under CCFN 2009030777, OPRLCT, and an "ell" corner of this tract; THENCE N. 01 026'54" E., along the Northern boundary of said 1.5 acre tract, an approximate distance of 29.9 feet to a point at the Northwest corner of said 1.5 acre tract and a corner of this tract; THENCE S. 47015'45" W., along the Western boundary of said 1.5 acre tract, an approximate distance of 474.5 feet to a point in said easement line, at the Southwest corner of said 1.5 acre tract and a corner of this tract; THENCE N..88°41'22" W., along said easement line, an approximate distance of 5.8 feet to a point in the West line of said Section 23, for the Southwest corner o` this tract; THENCE N. 01 027'14" E., along the West line of said Section 23, an approximate distance of 5224.8 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT AN ACTUAL SURVEY. Prepared for Plant -AS February 29, 2024 Page 2 of 2 I EXISTING SF-P ZON/NG-C L_ s_. a rn rn N cy) r, CD c) (N EXIST/NG Z SF-2 ZONING EAST - _ ERWNE Sr POINT OF BEGINNING —'/ THIS POINT IS THE NORTHWEST CORNER OF SECTION 23 AND THE SOUTHWEST CORNER OF SECTION 26, BLOCK A It N N V) W N ° O Z EX/STING SF-2 ZONING r-- ------------I I I I I I N88°41'22"W 5.8' - I S88037'18"E I L rIr J r 1831.1' 11 1 I L-_J_ ES88°36'34"E 3447.0' j PROPOSED ZONING j 693.3 ACRES S01 18 36"W ° N88 39 51 W N88°411241M 442.7' 87.2' / 521 2' S01 °18'36"W 200.0' / N27°43'55"E 320.4' "E 9 N88°41'22 r- 1088.0' N81063.2' rN01°18'38"E yj S01°18'38' I 300.0' �_ 1 !300.0' S47015'45"W N88041'22"W 474.5' 135.4' 15.8' ; N88041'24"W i i i m N88041'24"W 1813.5' I I I I I --- PROPOSED ZONING LOCATED IN SECTIONS 23 AND 26, BLOCK A, LUBBOCK COUNTY, TEXAS PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. THIS DOCUMENT IS RELEASED FOR ZONING PURPOSES ONLY. RELEASE DATE: February 29. 2024