HomeMy WebLinkAboutOrdinance - 2021-O0031 - Zone Case 0804-BFirst Reading
March 23, 2021
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ORDINANCE NO. 2021-00031
Second Reading
April 13, 2021
Item No. 8.3
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 0804-B; A ZONING CHANGE
FROM R-1 TO R-2 ZONING DISTRICT GENERALLY LOCATED SOUTH OF
WABASH STREET AND EAST OF NORTH CYPRESS ROAD ON 4.58 ACRES
OF UNPLATTED LAND OUT OF BLOCK A, SECTION 78, 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 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. 0804-B
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 R-1 to R-2 zoning district generally
located south of Wabash Street and cast of North Cypress Road on 4.58 acres
of unplatted land out of Block A, Section 78, 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
Passed by the City Council on second reading on
ATTEST:
Retie ca Garza, City Se ret
March 23, 2021
April 13,
DANIEL M.
Zone Case No. 0804-B
Page - 2
APPROVED AS TO CONTENT:
Br m, D ector of Planning
APPROVED AS TO FORM:
v w/cityatt/Kel I i/ZoneCase/7..00804-6
March 4.2021
Zone Case No. 0804-B
Page - 3
Autrey Engineering, LLC 806-787-3491
5210 CR 1425 / Lubbock, TX 79407 TBPE Reg #F-20961
Metes and Bounds prepared by Abacus Engineering.
Metes and Bounds on a 4.575 acre tract out of Section 78, Block A, Lubbock County, Texas,
and being out of the 22.8 acre tract described in Volume 294, Page 151, Lubbock County Deed
Records (LCDR) and being further described by meets and bounds as follows:
BEGINNING at the found ''/2" iron rod in the South line of the 22.8 acre tract and the East line of
Cypress Road for the Southwest corner of this tract, having Texas North Central Zone
Coordinates of North 7289167.86, East: 950614.71 (NAD 83, 2011, Epoch 2010.000), which by
calls bears East, 2665 feet and North, 169.17 feet from the Southwest corner of Section 78,
Block A;
THENCE N 01054'13" E(Texas North Central Zone Bearing Basis), with the East line of Cypress
Road, 360.25 feet to a set''/i' rod with green cap marked RPLS 4460, hereinafter referred to as
Abacus Cap, in the South line of Wabash Street for the Northwest corner of this tract;
THENCE S 88008'28" E, with the South line of Wabash Street, 553.29 feet to a set Abacus Cap
for the Northeast Corner of this tract;
THENCE S 01 053'24" W, with the West line of Mesa Road, 360.15 feet to a found'/2" iron rod fo
the Southeast corner of this tract;
THENCE N 88009'04" W, with the North line of an alley, 553.37 feet to the PLACE of
BEGINNING, containing 4.575 acres.
Bearings and coordinates are based on the Texas North Central Zone Coordinate System.
NAD 83, 2011, Epoch 2010.0000
C:\USERS\BRANDON\DROPBOX\AUTREY ENGINEERING\PROJECTS\2019\19100 TOMMY ENGLISH\SURVEYING\19100-MB ZONE CHANGE
PURPOSES.DOCX