HomeMy WebLinkAboutOrdinance - 2021-O0089 - Zone Case 2538-TFirst Reading
July 27, 2021
Item No. 7.1
Second Reading
August 10, 2021
Item No. 7.9
ORDINANCE NO. 2021-0089
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2538-T; A ZONING CHANGE
FROM R-1 TO C-2 ZONING DISTRICT AT 7302 34TH STREET, LOCATED
NORTH OF 34TH STREET AND WEST OF UPLAND AVENUE, ON 1.6 ACRES
OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 42, 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.2538-T
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 C-2 zoning district at 7302 34th
Street, located north of 34th Street and west of Upland Avenue, on 1.6 acres
of unplatted land out of Block AK, Section 42, 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:
n,4q, -- JK
Re a ca Garza, City Secreta
July 27, 2021
August 10, 2021
DANIEL M. POPE, MAYOR
Zone Case No. 2538-T
Page - 2
APPROVED AS TO CONTENT:
Bryan "sham, rector of Planning
i
APP OVED AS TO FORM:
AU-*
K lli Leisure, Assistant City Attorney
vw/cityatt/Kel I i/ZoneCase/ZC2538-T
July 1, 2021
Zone Case No. 2538-T
Page - 3
HUGO REED AND ASSOCIATES, INC.
EM 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891
Effffffmh TEXAS REGISTERED ENGINEERING FIRM F-760
I" 111111iffl
TEXAS LICENSED SURVEYING FIRM 100676-00
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT "A"
PROPOSED C-2
METES AND BOUNDS DESCRIPTION of an approximate 1.6 acre tract located in Section 42 Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the North right-of-way line of 34th Street, for the Southeast corner of this tract, which
bears N. 88'11'01" W. an approximate distance of 600.1 feet and N. 01°48'16" E. an approximate distance of 55.0
feet from the Southeast corner of Section 42, Block AK, Lubbock County, Texas;
THENCE N. 88*11'01" W., along the North right-of-way line of said 34th Street an approximate distance of 300.0
feet to a point the Eastern plat limits of Lots 824-923, Upland Crossing, an addition to the City of Lubbock, Lubbock
County, Texas, for the Southwest corner of this tract.
THENCE N. 01048'16" E., along the Eastern boundary of said plat limits, an approximate distance of 235.4 feet to
the Northwest corner of this tract;
THENCE S. 8801010" E., continuing along the Eastern boundary of said plat limits, an approximate distance of
300.0 feet to a corner of said plat limits and the Northeast corner of this tract;
THENCE S. 01 048'49" W. an approximate distance of 235.4 feet to the Point of Beginning.
Contains 70,614 square feet
PREPARED FOR ZONING PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY AND SHALL
NOT BE RECORDED FOR ANY REAL PROPERTY PURPOSES.
Prepared for Kenny Blackwell
May 11, 2021