HomeMy WebLinkAboutOrdinance - 2021-O0138 - Zone Case 3257-MFirst Reading
September 28, 2021
Item No. 8.10
ORDINANCE NO. 2021-0013 8
Second Reading
October 12, 2021
Item No. 8.9
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3257-M; A ZONING CHANGE
FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR TOWNHOMES,
GENERALLY LOCATED SOUTH OF 137TH STREET AND WEST OF ELGIN
AVENUE, ON 3.4 ACRES OF UNPLATTED LAND OUT OF BLOCK AK,
SECTION 1, 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, 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.3257-M
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 Specific Use to R-1 Specific Use for
Townhomes zoning district generally located south of 137th Street and west of
Elgin Avenue, on 3.4 acres of unplatted land out of Block AK, Section 1, City
of Lubbock, Lubbock County, Texas, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SECTION 2. THAT the granting of this specific use zoning is hereby made
subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
including particularly, but not limited to, Section 40.03.3102 of the Codified Zoning
Ordinance, which provides that a Building Permit shall be applied for and secured within
thirty (30) months of the effective date of the zone change or all undeveloped property
shall automatically revert back to the previous zoning classification, which in this case is
the R-1 Specific Use zone district; and if such reversion occurs, the Director of Planning
is directed to remove from the Zoning Map the legend indicating such specific use. The
Specific Use authorized by this Ordinance is permitted under provision of Section
40.03.3101-40.03.3103 of Codified Zoning Ordinance No. 7084 on the property
described as generally located south of 137th Street and west of Elgin Avenue, on 3.4
acres of unplatted land out of Block AK, Section 1, City of Lubbock, Lubbock County,
Texas.
SECTION 3. 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 4. 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 5. 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 September 28, 2021
Passed by the City Council on second reading on October 12, 2021
ATTEST:
<—
Reb4ca Garza, City Secret16
DANIEL M. POPE, MAYOR
Zone Case No. 3257-M
Page - 2
APPROVED AS TO CONTENT:
B Ishairi; 'rmtir of Planning
APPROVED AS TO FORM:
Killi Leisure, Assistant City Attorney
vw/CityAtt/Ke11i/Zones/ZC3257-M
September 2, 2021
Zone Case No. 3257-M
Page - 3
HUGO REED AND ASSOCIATES, INC.
EM 1601 AVENUE N I LUBBOCK, TEXAS 78401 1 8061763-5642 1 FAX 8061763-3881
TEXAS REGISTERED ENGINEERING FIRM F-760
MMI TEXAS LICENSED SURVEYING FIRM 100676.00
LAND SURVEYORS
CIVIL ENGINEERS
PROPOSED R-1 SPECIFIC USE ZONING
METES AND BOUNDS DESCRIPTION of an approximate 3.4 acre tract of land located in Section 1, Block AK,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the centerline of Elgin Avenue, as dedicated by plat recorded under County Clerk File
Number (CCFN) 2021026361 of the Official Public Records of Lubbock County, Texas (OPRLCT), for the most
Easterly Northeast corner of this tract, which bears N. 88°02'16" W. an approximate distance of 2,672.5 feet and
S. 01052'07" W. an approximate distance of 2,811.3 feet from the Northeast corner of Section 1, Block AK;
THENCE S. 01 048'07" W. along the centerline of said Elgin Avenue, an approximate distance of 146.6 feet to a
point for the Southeast corner of this tract;
THENCE N. 88007'53" W., at an approximate distance of 42.0 feet pass the Western boundary of the plat limits of
Lots 345-389, Viridian, an Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat
and/or dedication deed thereof recorded under CCFN 2021026361, OPRLCT, continuing for an approximate total
distance of 556.4 feet to a point for the Southwest corner of this tract;
THENCE N. 01 052'07" E. an approximate distance of 552.1 feet to a point for the Northwest corner of this tract;
THENCE S. 88007'53" E. an approximate distance of 160.0 feet to a point for the most Northerly Northeast corner
of this tract;
THENCE S. 01 052'07" W. an approximate distance of 405.5 feet to a point for an "ell" corner of this tract;
THENCE S. 88007'53" E., at an approximate distance of 349.2 feet pass the Western boundary said plat limits of
Lots 345-389, Viridian, continuing for an approximate total distance of 396.2 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.
Prepared for 1585 Development LLC and Rocket Partners I LLC
July 26, 2021