HomeMy WebLinkAboutOrdinance - 2021-O0092 - Zone Case 3438irst Reading Second Reading
my 27, 2021 August 10, 2021
tem No. 7.5 Item No. 7.12
2021-00092
ORDINANCE NO.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO.3438; A ZONING CHANGE FROM
T TO A-2 ZONING DISTRICT GENERALLY LOCATED NORTH OF 114TH
STREET AND EAST OF UNIVERSITY AVENUE, ON 9.664 ACRES OF
UNPLATTED LAND OUT OF BLOCK E, SECTION 10, 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.3438
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 T to A-2 zoning district generally
located north of 114th Street and east of University Avenue, on 9.664 acres of
unplatted land out of Block E, Section 10, 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
July 27, 2021
Passed by the City Council on second reading on August 10, 2021
ATTEST:
D' X
Rebe ca Garza, City Secre
DANIEL M. POPE, MAYOR
Zone Case No. 3438
Page - 2
APPROVED AS TO CONTENT:
Bryan Isham, D1reor of Planning
�. r' "
APPROVED AS TO FORM:
�-
I�elli Leisure, Assistant City Attorney
vw/cityatt/Kel I i/ZoneCase/ZC3438
July 1, 2021
Zone Case No. 3438
Page - 3
'AUACU& ENGINEERING
SURVEYING
Texas surveying No. 101153-00
Texas Engineering Firm No. 4368
2737 81 ST STREET W138O0K, TEXAS 79423 "Count on it"
Exhibit A: (606) 746-7670
FIELD NOTES on a 9.664 Acre Tract out of the Southwest Quarter (SW/4) of Section
10, Block E, Lubbock County, Texas being further described by metes and bounds as
follows:
BEGINNING at a point in the West line of Section 10 having Texas North Central Zone
Coordinates (NAD 83, 2011, Epoch 2010.0000) of North: 7242455.28, East: 941186.10
for the Southwest corner of this tract from which the Southwest corner of Section 10
bears S 01* 47' 36" W(Texas North Central Zone Bearing Basis), 660.00 feet;
THENCE N 01 047'36" E, with the West line of Section 10, a distance of 637.63 feet to
the Northwest corner of this tract;
THENCE S 88013'56" E, with the South line of several tracts which are part of an
unrecorded subdivision known as Prater Subdivision, at 55.00 feet pass a set 1/2" iron
rod with green cap marked RPLS 4460, hereinafter referred to as Abacus Cap, in all
660.00 feet to a found Abacus Cap for the Northeast corner of this tract;
THENCE S 01 °47'36" W, 638.04 feet to a set Abacus Cap for the Southeast corner of
this tract;
THENCE N 88*11'46" W, at 605.00 feet pass a set Abacus Cap, in all 660.00 feet to the
PLACE of BEGINNING and containing 9.664^res including any Right of Way.
Jonathan M. Cieszi sl i, RPLS 4460
These notes are based on a Survey made on the ground May 24, 2021
May 27, 2021