HomeMy WebLinkAboutOrdinance - 2021-O0045 - Zone Case 2538-SFirst Reading
April 27, 2021
Item No. 7.1
ORDINANCE NO. 2021-00045
Second Reading
May 11, 2021
Item No. 9.1
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
JWING CHANGES: ZONE CASE NO. 2538-S; A ZONING CHANGE
R-1 TO M-1 ZONING DISTRICT GENERALLY LOCATED SOUTH OF
STREET AND EAST OF GATLAND AVENUE ON 4.735 ACRES OF
4,TTED LAND OUT OF BLOCK AK, SECTION 41, LUBBOCK, TEXAS;
[DING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND,
[DING 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. 2538-S
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 M-1 zoning district generally located south of 19th
Street and east of Gatland Avenue on 4.735 acres of unplatted land out of Block AK,
Section 41, 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 April 27, 2021
Passed by the City Council on second reading on May 11, 2021
DANIEL M. PO E, MAYOR
ATTEST:
0'd"�X7 —
Rebec a Garza, City Sec •etary
7one Case No. 2538-S
Page - 2
APPROVED AS TO CONTENT:
Bryn Isham, irector of Planning
APPROVED AS TO FORM:
Leisure, Assistant City Attorney
vw/cityatt/Ke II i/ZoneCase/ZC2538-5
April 1, 2021
Zone Case No.2538-5
Page - 3
ASAC
�� ENGINEERING
SURVEYING
Texas Surveying No. 101153-00
Texas Engineering Firm No. 4368
2737 81 ST STREET LUBBOCK, TEXAS 79423
(806) 745-7870
MIHnI
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FIELD NOTES on a 4.735 acre tract out of the 105.3 acre tract described in Volume 1886, Page 515,
Lubbock County Real Property Records, (LCRPR), and out of Section 41, Block AK, Lubbock County,
Texas being further described by metes and bounds as follows:
COMMENCING at a found iron rod with yellow cap In the South line of 19th Street for the Northwest
comer of the 105.3 acre tract from which the Northwest corner of Section 41 is called to bear S 89" 56'
41" W, 1269.9 feet and North 65.0 feet;
THENCE S 88'11' 10" E(Texas North Central Zone Bearing Basis), with South line of 19th Street, 226.00
feet to a set 1/2" iron rod with green cap marked RPLS 4460, hereinafter referred to as Abacus Cap, for
the Northwest and BEGINNING corner of this tract;
THENCE S 88011'l0" E, 375.00 feet to a set Abacus Cap for the Northeast corner of this tract;
THENCE S 01 048'50" W, 550.00 feet to a set Abacus Cap for the Southeast corner of this tract;
THENCE N 88011'10" W, 375.00 feet to a set Abacus Cap for the Southwest corner of this tract;
THENCE N 01 048'50" E, 550.00 feet to the PLACE of BEGINNING.
La
These notes are based dhal survey made on the ground.
J. M. Cieszinski, RPLS # 4460,
March 4, 2021
E
—
North line Section 41
and Centedlne 19th Street
— —
S 8811'10" E
S 88'11'10' E 827.00'
226.00'
S 88'1110" E
S 88'11'10' E 375.00'
_
226.00'
Commencing Point
NW Comer
105.3 Acre Tract
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4.735 Acres
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9
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N 88'11'10' W 375.00'
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