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HomeMy WebLinkAboutOrdinance - 2024-O0142 - Zone Case 2565-H, Indira And Vipul Patel - 11/05/2024First Reading October 22, 2024 Item No. 6.5 ORDINANCE NO. 2024-00142 Second Reading November 5, 2024 Item No. 6.19 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2565-H; A ZONING CHANGE FROM HC TO MDR ZONING DISTRICT AT 5930 AVENUE Q SOUTH DRIVE AND 5903 AVENUE L, LOCATED EAST OF AVENUE L AND SOUTH OF 58TH STREET, CARLTON HEIGHTS ADDITION, BLOCK A AND APPROXIMATELY 8.16 ACRES OF UNPLATTED LAND OUT OF BLOCK E, 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 first reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.2565-H 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 HC to MDR zoning district at 5930 Avenue Q South Drive and 5903 Avenue L, located east of Avenue L and south of 5811 Street, Carlton Heights Addition, Block A and approximately 8.16 acres of unplatted land out of Block E, 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 No/100 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. Passed by the City Council on first reading on October 22, 2024 Passed by the City Council on second reading on November 5, 2024 AT EST: Courtney Paz, City Secretary MARK W. MCBRAYER4 MAYOR Zone Case No. 2565-II Page - 2 APPROVED AS TO CONTENT: Kristfn Sager, Director olPlanning APPROVED AS TO VORM: I � V/1 -&& � elli Leisure, Senior Assistant City Attorney vw/cityatt/Kel l i/ZoneCase/T_C2565-H October 3, 2024 Zone Case No. 256. -H Page - 3 7 PL•RIML•TL'R AND IMPROVEMENT SURVEY OF A 2.849 ACRE PORTION OF BLOCK A CARLTON HEIGHTS AN ADDITION TO THE CITY OF LUBBOCK. LUBBOCK COUNTY, TEXAS. ACCORDING TO THE %IAi', PI.AT AND:OR DEDICVItON DF.CD TIIF.REOF RF,CORDED IN VOLUME 704, PAGE 240OF THE DEED RECORDS OF LUBBOCK COUNTS', TEXAS AND A 0.0340 ACRE TRACT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 2, BLOCK E LUBBOCK COUNTY, TEXAS GIA IC SCA'.E N FEET I"•50' NOTES: CONTROL MONUMENTS AS FOUND B, SHOWN FENCES - FOUND 1AS /2 IRON ROD WITH CAP MARKED "RPLS No. 1676" o - SET 14' IRCN ROD WITH CAP 0 - FOUND 12'� IRON ROD to - FOUND 3/81' IRON ROD e- FOUND T%DOT BRASS CAP RIGHT -OF-WAY MONUMENT © - CONCRETE O� - UTILITY POLE GUY WIRE - OVERHEAD UTILITY LINES 14 0I32 / SLG (GB) METES AND BOUNDS DESCRIPTION ofa 2.849 acre portion of Block A. Carlton Heights, on Addition to the City of Lubbock. Lubbock County. Term, according to the map. plot vnd/or dedication deed thereof mamkd in Volume 704, Page 240 of the Deed Records of Lubbock County. Tesas and a 0.0340 acre tract out of S.172 acre vacs d—ibcd as "Tract 2" in Volume 6278, Page 147 of the Real Property Records of Lubbock County. Tc.— longed in the Southwest Quarter of Section 2, Block E. Lubbock County, Tcsas, bcicg fartherdescrib d as l llows: BEGINNING tat a U2" iron rod with cap set in the Em1 right-of-way line ofA,cnue "L", g'MA by plot n orelal in Volume 430. Page 281 of the Deal Records of Lubbock County. Texas for the Southwest toner of this text which bears S. 02-5613" E a disvmcc of 46.44 Feel from a I2' iron,.d found at tm Northwest come f.id S.172 acre both and the original Southwest comer afraid Block A; TI IENCF. N. 02'56'13" W.. along said Per sta t righboGway line dince of 171.33 fee to a IF'" iron rod with cap marked "RPLS No. 1676" f nd at a point of intersection; THENCE N. 02°22'36" E.. continuing along slid East right-of-wayline, a distance of 436.44 feel (plat calls: N. 00°02' E. 435.95 feet) to a I,- iron r d found at a Point of intersection; THENCE Northeasterly, around a can e to the right, said tune having a radius of 25.00 .. u central angle of I38-29113", a choN bearing of N. 71-42'30" E. and a chond distance of46.76 fro ro a TXDOT Ivat. v cap right..F-ay ...an—, found in the West righla(--way line of At'cnue'Q" South Dris e, as described Volume J%12, Pagc IRR often Real Property Records of .bb-k County. Tesas, m a point of int—lion; THENCE S. 38°3520" E.. along said West right-of-way line. a disU.. of27.49 fen to a 14" iron rod found at a point of interseaion; THENCE Southconcrly along said West right-of-way line, around a tune to the right, said tune having a radius of 2M9.79 l t, a central angle of DrI6*54-. a chard bearing of S. 34o 16' 10" E, and a chord diman a of 461.15 feet to a 318" iron rod Round at the Northeast comer f.id 8.172 acre react and the Sootheau tamer ofthis tract, THENCE S. S 1°0028" W., along the Northern boundary of. aid It.172 acm trot, at 343.2% fen to a I2" iron rod with cap sea for a coma of said 8 172 acre tract and a canter of said Block A. continuing fur a total distance of 422.20 fact to the Point of Beginning. Contains. R4,0squaPero . t in Block A - I,JR93 I syaarc fmr in Section 2, Block E 1235'4 sgmm feet total or 2.883 acre total Bearings aremlaii+e to the Southernboundary ofa 8.172 acretract m described in m Volue 627%, Page 147 of the Red Property N rods or Lubbock County. Tes.. CERTIFICATION'f0: Baker, Brown & Thompwn. P.C. ONLY I. Bran Camdl, I'.-, Registcmd Professional Lend Surveyor No. 5410• do hereby certify that this sun cy wet. made an the ground A detentunation as to whether this property tic.+, ithin a special flood haard uwa +.as not made for this surrey. Fcbruary IR. '014 Revised Febmory 27, 2014 to change boundary Revised fehruan 2R, 20 W to eu—, plat. Burnt Carroll Registered Professional Land Sun cyor No. 5410 State of Tesm No abstra<:t ortitle or title commitment was provided to this suneyor. Record mscach done by this suncyor was nude only for the purpose of detcmtining the boundary ofthis property and ofthe adjoining pamds. Record d vmcnts other than those shown on this suney may esist and encumber this property. PFAIMETER AND MIPROVIAIINI AI M Y OF A 8.138 38 ACRE TRACTI.Of ATIM IN r1jr SOUTI I WE' I QUAR I Lit OF SECTION 2, BLOCK E LURBOCKCOUNTY. TIAAS H TL" —TRo uax P— o FWDOm IIm S FWTWN MATETE RwT - WV -iAENY :;o �T N BR N =KAFTE RdT - U