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HomeMy WebLinkAboutOrdinance - 2025-O0018 - Zone Case 3512, Parkhill For Jan Humphries Campbell - 01/28/2025First Reading January 14, 2025 Item No. 6.4 Second Reading January 28, 2025 Item No. 7.2 ORDINANCE NO. 2025-00018 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3512; A ZONING CHANGE FROM SF-2 TO HC ZONING DISTRICT GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 130TII STREET AND MILWAUKEE AVENUE, ON APPROXIMATELY 34.78 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 12, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO REQUIREMENTS; 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 compiled 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 Ordinances and this Ordinance having been introduced prior to first reading hereof, NOW THEREFORE: BI+, IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.3512 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 SF-2 to HC zoning district generally located at the southwest corner of 13011 Street and Milwaukee Avenue, on approximately 34.78 acres of unplattcd land out of Block AK, Section 12, City of Lubbock, Lubbock County, Texas, subject to requirements, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on January 14. 2025 Passed by the City Council on second reading on January 28, 2025 W. M03RAYEA, MAYOR ATTEST: ��M V&/ - urtney Pa City Sec etary APPROVED AST CON'I'EN'I': �J�evaorl Kris n Sager, Director of P mling Zone Case No. 3512 Page - 2 APPROVED AS TO FORM: r � Ke li Leisure, Senior Assistant City Attorney vw/C ityAtt/Kel I i/Zones/ZC3512 1.15.25 'Lone Case No. 3512 Page - 3 I�W;14 ,:A err PROPOSED TRACT RE -ZONING OF A 34.78-ACRE TRACT (SF-2 RE -ZONED TO HC) IN SECTION 12, BLOCK AK, E.L. & R.R. RR. CO. SURVEY, LUBBOCK COUNTY, TEXAS A 34.78-acre tract of land in Section 12, Block AK, E.L. & R.R. RR. Company Survey, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a "MAG" nail with a washer stamped "AMD ENG" found in west line of the northeast quarter of said Section 12, in the south right-of-way lineofTexas Loop 88, described in right-of-way dedications recorded in County Clerk's File Number 2020011844 and 2020042512 of the Official Public Records of Lubbock County, Texas, for the northwest corner of this tract, whence the northwest corner of said Section 12 bears North 01 degrees 49 minutes 40 seconds West a distance of 54.12 feet and North 88 degrees 12 minutes 59 seconds West a distance of 2639.31 feet; (1) THENCE South 88 degrees 13 minutes 13 seconds East, along the south right-of-way line of said Loop 88, a distance of 961.65 feet to a point of curvature for a corner of this tract; (2) THENCE southeasterly, along thesouth right-of-way line of said Loop88, and a curve to the left, an arc distance of 348.26 feet, said curve having a radius of 8042.00 feet, a delta angle of 02 degrees 28 minutes 52 seconds, a chord bearing of South 89 degrees 27 minutes 39 seconds East, and a chord distanceof348.23 feet to a pointof reverse curvature fora corner of this tract; (3) THENCE southeasterly, along the south right-of-way line of said Loop 88, and a curve to the right, an arc distance of 219.33 feet, said curvehaving a radius of 7958.00 feet, a delta angle of 01 degrees 34 minutes 45 seconds, a chord bearingof South 89 degrees 54 minutes 43 seconds East, and a chord distanceof 219.33 feet to a point of tangency for a corner of this tract; (4) THENCE South 88 degrees 12 minutes 59 seconds East, along the south right-of-way line of said Loop 88, a distance of 634.14 feet to a point of intersection for a corner of this tract; (5) THENCE South 85 degrees 55 minutes 47 seconds East, along the south right-of-way line of said Loop 88, a distance of 69.32 feet to a pointfor in thewest lineofa tract of land conveyedto Kathy Tzemos, described in a deed recorded in Volume 5594, Page 13 of the Real Property Records of Lubbock County, Texas, at a point of intersection for a corner of this tract, whence a rebar with a 2-inch aluminum cap stamped "TxDOT" found at a pointof intersection in the south right-of-way line of said Loop 88 bears South 85 degrees 55 minutes 47 seconds East a distance of 55.17 feet; (6) THENCE South 01 degrees 47 minutes 07 seconds West a distance of 434.08 feet to a point for the southwest corner of said Tzemos tract, at a point of intersection for a corner of this tract; (7) THENCE South 88 degrees 12 minutes 53 seconds East a distance of 198.00 feet to a point for the southeast corner of said Tzemos tract, at a point of intersection for a corner of this tract; (8) THENCE North 04 degrees 33 minutes 03 seconds East, along theeast lineof said Tzemos tract, a distance of432.40 feet to a rebar with a 2-inch aluminum cap marked "TxDOT" found in the south right-of-way line of said Loop 88, at a point of intersection for a corner of this tract; (9) THENCE South 88 degrees 13 minutes 13 seconds East, along the south right-of-way line of said Loop 88, a distance of 86.24 feet to a rebar with a 2-inch aluminum cap marked "TxDOT" found at a point of intersection for a corner of this tract; (10) THENCE South 43 degrees 14 minutes 11 seconds East, along the south right-of-way line of said Loop 88, a distance of 42.55 feet to a point of intersection for a corner of this tract; (11) THENCE South 01 degrees 36 minutes 43 seconds West, along thesouth right-of-way lineofsaid Loop 88, a distance of 117.72 feet to a rebar with a 2-inch aluminum cap marked "TxDOT" found at a point of intersection for a corner of this tract; (12) THENCE South 87 degrees 58 minutes 22 seconds East, along thesouth right-of-way line of said Loop 88, a distance of 71.33 feet to a point in the east line of said Section 12 for the northeast corner of this tract, whence the northeast corner of said Section 12 bears North 01 degrees 47 minutes 25 seconds East a distance of 193.05 feet; Page 1 of 2 Texas Registered Surveying Firm # 10194091 Parkhill.com Parkhill (13) THENCE South 01 degrees 47 minutes 25 seconds West, along the east line of said Section 12, ad istanceof 466.95 feet to a point in the south line of the existing City of Lubbock annexation limits described in Ordinance No. 2008-00104, for the southeast corner of this tract, whence a 1-inch iron pipe found at the southeast corner of said Section 12 bears South 01 degrees 47 minutes 25 seconds West a distance of 4626.82 feet; (14) THENCE North 88 degrees 12 minutes 59 seconds West, along the south lineofsaid City of Lubbock annexation limits, a distance of2639.74 feet to a pointin thewest line of the northeast quarter of said Section 12 for the southwest corner of this tract, whencea 1/2-inch iron rod with a plastic cap marked "H.R. & ASSOC." found atthe south quarter corner of said Section 12 bears South 01 degrees 49 minutes 40 seconds West a distance of 4614.13 feet; (15) THENCE North 01 degrees 49 minutes 40 seconds East, along thewest line of the northeast quarter of said Section 12, a distanceof605.88 feet to the POINT OF BEGINNING. Bearings called in this description are based on the Texas Coordinate System, North Central Zone 4202, North American Datum of 1983. Distances called in this description are at surface. Areas reported in this description are based on calculations made from surface distances. This survey is subject to any facts which may be disclosed by a full and accurate title search. Record documents other than those shown may affect these tracts. A plat of this survey is included on a separate document attached herewith. This documentwas prepared under22 TAC 138.95 and does notreflectthe results of an on theground survey, and is notto be used to convey orestablish interests in real property exceptthose rights and interests implied orestablished by the creati on or reconfiguration of the boundary of the political subdivision for which it was prepared. Page 2 of 2 Texas Registered Surveying Firm # 10194091 Parkhill.com /�� 4 RP NORTH 0 500' i000' LINE BEARING DISTANCE L 1 N.04 JJ 03 E. 432.40 L2 S.43'14 11 E. 42.55 L3 5013643 . 117.72 L4 S 87'58 22 E. 71.33 L5 SOl'4725 V 1466.95' PROPOSED TRACT RE -ZONING OF CURVE I RADIUS ARC LENGTH CHORD LENGTH I CHORD BEARING I DELTA ANGLE Cl 8042.00 348.26 348.23 S 897739 E. 2-28 52 C2 7958.00 219.33 219.33 S. 8954 43 Z I 1'34 45 The northwest corner of Section 12, Block AK bears N.Of 49'40'W. 54.12' & N.8872'59"W. 2639.31 ' from this point Loop 88 Point of Variable width right-of-way. Beginning CCFN 2020011844 & 2020042512 -------------- 58873'13 E. 961.65' C1 © 5887259 634.14' 1K °o , 34.78—acre tract G, Parent Tract: CCFN 2016027675 h Currently Zoned SF-2 o Proposed Re —Zone to HC GG 2 A 34.78-ACRE TRACT (SF-2 REZONED TO HC) IN SECTION 12, BLOCK AK, LUBBOCK COUNTY, TEXAS PARENT TRACT: COUNTY CLERK'S FILE NUMBER 2016027675 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS S8555'47 E. S.8873'13"£. 69.32' 86.24 3 .r 0 o Q. L �i S.8872'53 . N.8872'59'W. 2639.74' 198.00' South line of existing annexation limits \ (ordinance 2008-00104) A 112' iron rod with cap HR. & A 1—inch iron pipe found at the ASSOC." found at the south southeast corner of Section 12, quarter corner of Section 12, Block AK bears S Ol 47'25'W. Block AK bears 50149'40'W. 4626.82' from this point 4614.13' from this point Remainder of the northeast quarter of Section 12, Block AK CCFN 2016027675 Surveyors Report: Bearings are based on the Texas Coordinate System, North Central Zone 4202, NAD83 Distances shown on this plat are at surface. Areas reported on this plat are based on calculations made from surface distances. A metes and bounds description of this tract is shown on a separate document attached herewith. This document was prepared under 22 TAC 138.95 and does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Northeast corner of Section 12, Block AK Legend: = Found monument A = Calculated point