Loading...
HomeMy WebLinkAboutOrdinance - 2024-O0086 - Zone Case 1893-FF - 06/11/2024First Reading May 28, 2024 Item No. 8.13 ORDINANCE NO. 2024-00086 Second Reading June 11, 2024 Item No. 5.27 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-FF; A ZONING CHANGE FROM MDR TO SF-2 ZONING DISTRICT GENERALLY LOCATED WEST OF HOMESTEAD AVENUE AND NORTH AND SOUTH OF 3RD STREET ON APPROXIMATELY 2.07 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 2, 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 39.07.007 of the Unified Development Code, 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 frst reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 1893-FF SECTION 1. THAT Ordinance No. 2023-00054 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 39.07.032 of the Unified Development Code of the City of Lubbock from MDR to SF-2 zoning district generally located west of Homestead Avenue and north and south of 3r� Street on approximately 2.07 acres of unplatted land out of Block JS, Section 2, 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 No1100 Dollars ($2,000.00) as provided in Section 39.09.004 of the Unified Development Code 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 May 28. 2024 Passed by the City Council on second reading on June 11, 2024 TRAY PAY � , YOR � AT EST: Co ney Paz, City Secretary Zone Case No. 1893-FF Page - 2 APPROVED AS TO CONTENT: Sager, Directq� of Planning APPROVED AS T(�'�'ORM: , elli Leisure, Senior Assistant City Attorney vwlcityatdKellil7_oneCaselZC 1893-PF May 2, 2024 Zone Case No. 1893-FI�� Page - 3 TRACT 1 Metes and Bound description of a 0.6255 acre (27,245.7 sq. ft.) tract of land being the same tract of land described in County Clerk File Number (CCFN) 2022016928, Official Public Records of Lubbock County, Texas (OPRLCT), being out of Section 2, Block JS, Lubbock County, Texas, and being more particularly described as follows: Beginning at a point in the South line of Shadow Hills Golf Course, described in Volume 6547, Page 322, Real Property Records of Lubbock County, Texas (RPRLCT), for the Northwest corner of Lot 72, Shadow Hills Villas according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 6697, Page 133, RPRLCT, and for the Northeast corner of this tract; Thence S00°07'56"W, leaving said Shadow Hills Golf Course, with the West line of said Lot 72, an approximate distance of 117.6 feet to a point in the North line of 3RD Street, described in Volume 5313, Page 87, RPRLCT, for the Southwest corner of said Lot 72, and for the Southeast corner of this tract; Thence Northwesterly, leaving said Lot 72, with the North line of said 3RD Street, and with the arc of a cunre to the left, an arc length of approximately 14 feet to a point for the end of said curve to the left and for a corner of this tract; said curve having a radius of 737.35 feet, a central angle of 1°04'43", and a chord that bears N89°09'58"W a chord distance of approximately 14 feet; Thence N89°47'35"W, with the North line of said 3RD Street, approximately 276.2 feet to a point in the East line of that tract described as Tract 5, in Volume 6937, Page 8, RPRLCT, for the Southwest corner of this tract; Thence N00°12'25"E, leaving said 3RD Street, with the East line of said Tract 5, an approximate distance of 71.7 feet to a point in the South line of said Shadow Hills Golf Course for the Northwest corner of this tract; Thence N81°28'16"E, leaving said Tract 5, with the South line of said Shadow Hills Golf Course, approximately 281.7 feet to a point for a corner of this tract; Thence N75°16'41"E, with the South line of said Shadow Hills Golf Course, approximately 11.8 feet to the Point of Beginning. TRACT 2 Metes and Bounds description of a 1.453 acre (63,290 sq. ft.) tract of land, being a portion of that 7.367 acre tract described in County Clerk File Number (CCFN) 2022010019, Official Public Records of Lubbock County, Texas (OPRLCT), being out of Section 2, Block JS, Lubbock County, Texas, and being more particularly described as follows: Beginning at a point in the South line of 3RD Street, recorded in Volume 6672, Page 328, Real Property Records of Lubbock County, Texas (RPRLCT), for the Northwest corner of Lot 322, Shadow Hills, an Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 6672, Page 328, RPRLCT, and for the Northeast corner of this tract; Thence S00°12'25"W, leaving said 3RD Street, with the West line of said Lot 322, approximately 138.1 feet to a point for the Northeast corner of Tract D, Shadow Hills Commercial, an Addition to the City of Lubbock, Lubbock County, Texas according to the Map, Plat and/or Dedication Deed thereof recorded in CCFN 2022054036, OPRLCT, and for the Southeast corner of this tract; Thence N74°09'03"W, with the North line of said Tract D, approximately 152 feet to a point for a corner of said Tract D, and for a corner of this tract; Thence N89°47'35"W, with the North line of said Tract D, at approximately 135.7 feet pass the North common corner of said Tract D and Tract E, Said Shadow Hills Commercial, continuing with said Tract E a total approximate distance of 335.7 feet to a point in the East line of the tract described as Tract 5 in Volume 6937, Page 8, RPRLCT, for the Northwest corner of said Tract E, and for the Southwest corner of this tract; Thence N00°12'25"E, leaving said Tract E, with the East line of said Tract 5, approximately 129.7 feet to a point in the South line of said 3RD Street for the Northwest corner of this tract; Thence S89°47'35"E, leaving said Tract 5, with the South line of sail 3RD Street, approximately 275 feet to a point for a corner of this tract; Thence Southeasterly, with the South line of said 3RD Street, and with the arc of a curve to the right, an arc length of approximately 210.5 feet to the Point of Beginning; said curve having a radius of 673.27 feet, a central angle of 17°54'44", and a chord that bears S80°50'13"E, a chord distance of approximately 209.6 feet. 1�1-1 II�► LAND SURVEYINO ENGINEERINO TRACT 1 Delta Land Surveying and Engineering, LLC 1310 Jarvis Street Lubbock, TX 79403 806-701-5707 www.deltalbk.com Metes and Bound description of a 0.6255 acre (27,245.7 sq. ft.) tract of land being the same tract of land described in County Clerk File Number (CCFN) 2022016928, Official Public Records of Lubbock County, Texas (OPRLCT), being out of Section 2, Block JS, Lubbock County, Texas, and being more particularly described as follows: Beginning at a point in the South line of Shadow Hills Golf Course, described in Volume 6547, Page 322, Real Property Records of Lubbock County, Texas (RPRLCT), for the Northwest corner of Lot 72, Shadow Hills Villas according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 6697, Page 133, RPRLCT, and for the Northeast corner of this tract; Thence S00°07'S6"W, leaving said Shadow Hills Golf Course, with the West line of said Lot 72, an approximate distance of 117.6 feet to a point in the North line of 3RD Street, described in Volume 5313, Page 87, RPRLCT, for the Southwest corner of said Lot 72, and for the Southeast corner of this tract; Thence Northwesterly, leaving said Lot 72, with the North line of said 3RD Street, and with the arc of a curve to the left, an arc length of approximately 14 feet to a point for the end of said curve to the left and for a corner of this tract; said curve having a radius of 737.35 feet, a central angle of 1°04'43", and a chord that bears N89°09'S8"W a chord distance of approximately 14 feet; Thence N89°47'35"W, with the North line of said 3RD Street, approximately 276.2 feet to a point in the East line of that tract described as Tract 5, in Volume 6937, Page 8, RPRLCT, for the Southwest corner of this tract; Thence N00°12'25"E, leaving said 3RD Street, with the East line of said Tract 5, an approximate distance of 71.7 feet to a point in the South line of said Shadow Hills Golf Course for the Northwest corner of this tract; Thence N81°28'16"E, leaving said Tract 5, with the South line of said Shadow Hills Golf Course, approximately 281.7 feet to a point for a corner of this tract; Thence N75°16'41"E, with the South line of said Shadow Hills Golf Course, approximately 11.8 feet to the Point of Beginning. 7exas License �irm Number 10194496 Engineering Firm Number F-22948 1� 1:1 1 I� LAND SURVEYINO EN(31NEERINO 7RAC7 2 Delta Land Surveying and Engineering, LLC 1310 Jarvis Street Lubbock, TX 79403 806-701-5707 www.deltalbk.com Metes and Bounds description of a 1.453 acre (63,290 sq. ft.) tract of land, being a portion of that 7.367 acre tract described in County Clerk File Number (CCFN) 2022010019, Official Public Records of Lubbock County, Texas (OPRLCT), being out of Section 2, Block JS, Lubbock County, Texas, and being more particularly described as follows: Beginning at a point in the South line of 3RD Street, recorded in Volume 6672, Page 328, Real Property Records of Lubbock County, Texas (RPRLCT), for the Northwest corner of Lot 322, Shadow Hills, an Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 6672, Page 328, RPRLCT, and for the Northeast corner of this tract; Thence S00°12'25"W, leaving said 3RD Street, with the West line of said Lot 322, approximately 138.1 feet to a point for the Northeast corner of Tract D, Shadow Hills Commercial, an Addition to the City of Lubbock, Lubbock County, Texas according to the Map, Plat and/or Dedication Deed thereof recorded in CCFN 2022054036, OPRLCT, and for the Southeast corner of this tract; Thence N74°09'03"W, with the North line of said Tract D, approximately 152 feet to a point for a corner of said Tract D, and for a corner of this tract; Thence N89°47'35"W, with the North line of said Tract D, at approximately 135.7 feet pass the North common corner of said Tract D and Tract E, Said Shadow Hills Commercial, continuing with said Tract E a total approximate distance of 335.7 feet to a point in the East line of the tract described as Tract 5 in Volume 6937, Page 8, RPRLCT, for the Northwest corner of said Tract E, and for the Southwest corner of this tract; Thence N00°12'25"E, leaving said Tract E, with the East line of said Tract 5, approximately 129.7 feet to a point in the South line of said 3RD Street for the Northwest corner of this tract; Thence S89°47'35"E, leaving said Tract 5, with the South line of sail 3RD Street, approximately 275 feet to a point for a corner of this tract; Thence Southeasterly, with the South line of said 3RD Street, and with the arc of a curve to the right, an arc length of approximately 210.5 feet to the Point of Beginning; said curve having a radius of 673.27 feet, a central angle of 17°54'44", and a chord that bears S80°50'13"E, a chord distance of approximately 209.6 feet. Texas License Firm Number 10194496 Engineering Firm Number F-22948 0 � Q � X 2 � w F Z o0 go� LL Z Z _ �gp LL U � Q O Y W �u0 Y 00 � ��� w ��; Q � Y ui � V U No� �m W N N Z �- nj N � W � z N a�o V � � '> $ ��� sZ� owW >�� >Zw s N�z �f-,� -�C- � Q w � � N ��o � Q�� ,� a � � o � N M O / F �� / a zwZ / Z�Q \ Z W V � \ m N / � \ No�3 / (i a00i ^�� \ �azrn� Z � ��'� F / O \ O / � F ZQ \ / O O \ N � �N ll N =t M ZZ� \ ' V�� ZOS I W;} 11 ^;n� �''�VJ \ - f�. my= \ I h 11 � ���3 - — — — — — �a� (~jZ�O \ � N N �azv=i Z[ 107 II � \\" ^\ FF[ 3�C'J 'L899 3�'Y/170r1 I U / \ SV77/rl S77/H M006}1S � ,9'L L L M„99,LO.00S � a� -- �� �� `n �M�a o Z Ma0° II � � 0 �N O� V W r �U R pp i N � 3� W pb ip ¢ � j N 20 Z 3 O O K O U W � � C! � n � � N n N O N 0 � O I O � � I Q � � � � � e� � � � / �i W �¢ Q 34 / / �� / �� / � QeW � �� / / ��e / r.HjO —/ l�cp°' �, / / ��tr / ^ 3Wo ~ / / O� / o / / � .<<8£� M�sz.z�.00s, � — — — — G \ w� N �NQN U �0�� n� a a .\ � � n � 0 U � II o� aZ a � J V N t0 � n N ` V N Wppp...� w � �� M M � a �� � r7 W O> Z j � � O — ,c �c 3�sa,a �.00N - - ,L'6Z l 3„SZ.Z L.00N S 1 � d�Y1 8 3�dd "L£69 3iYn70r1 35�1n0.7 �709 S77/H MOOYHS �?13NM0 Of10.�3?l rn O n� 2 k� U�O O��i �vo ~`�o I� V�ry vi— — 2�. M ��V QpG � �� M i� � O> � z