HomeMy WebLinkAboutOrdinance - 2021-O0163 - Zone Case 3291-AFirst Reading
November 1, 2021
Item No. 7.11
ORDINANCE NO. 2021-00163
Second Reading
November 16, 2021
Item No. 7.10
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3291-A; A ZONING CHANGE FROM C-2 TO A-1
ZONING DISTRICT AT 1901 82ND STREET, LOCATED EAST OF AVENUE U
AND SOUTH OF 82ND STREET, ON 3.82 ACRES OF UNPLATTED LAND OUT
OF BLOCK E, SECTION 9, 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 1986 Comprehensive Land Use Plan as amended is a guide to
help the Lubbock Planning and Zoning Commission and 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 1986 Comprehensive Land
Use Plan as amended, which protects 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 29-10 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.3291-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from C-2 to A-1 zoning district at 1901 82nd
Street, located east of Avenue U and south of 82"d Street, on 3.82 acres of
unplatted land out of Block E, Section 9, 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 29-31 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:
Rebe ca Garza, City Secr ary
APPROVED AS TO CONTENT:
— 0 7-*, 114 � �
Bry for of Planning
November 1, 2021
November 16, 2021
DANIEL MAP PE, MAYOR
Zone Case No. 3291-A
Page - 2
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
vw/C ityAtt/Kel I i/Zones/ZC3291-A
10.29.21
Zone Case No. 3291-A
Page - 3
Page 1 of 2
FIELD NOTES for the remaining 3.820 acres of a called Five and one -twelfth
(5-1/12) acre tract (parent tract) of land situated in the Northeast Quarter
(NE/4) of Section 9, Block E, G.C.&S.F. R.R. Co. Survey, A-47, Lubbock County,
Texas as described in County Clerk's File (CCF) #2016041815, Official Public
Records of Lubbock County, Texas (OPRLC, TX.), said 3.820 acres being more
particularly described by metes and bounds as follows:
BEGINNING at a "X" found cut in concrete at the Northwest corner of Tract
"A", RBA Investments-82"d Street Subdivision to the City of Lubbock, Lubbock
County, Texas according to the map, plat and/or dedication deed thereof
recorded in CCF #2013018189, OPRLC, TX. for the Northeast corner of this
tract;
THENCE S. 01046123" W., bearings are relative to Grid North, Texas
Coordinate System of 1983, North Central Zone, (2011, epoch 2010.0),
(Record (R) - S. 01*45138" W.), contiguous with the West line of said Tract
"A a distance of 159.28 feet, distances are surface, U.S. Survey Feet, to
a 1/2" iron rod with yellow cap inscribed "HUGO REED" (hereinafter referred
to as a HUGO cap) found in the North line of the remainder of a called
0.392 acre tract (White tract) as described in CCF #2006045122, OPRLC, TX.,
at the Southeast corner of said parent tract for the Southeast corner of
this tract from which a 1/2" iron rod with cap inscribed "RPLS 4460" found
at the Southwest corner of said Tract "A" bears S. 01046123" W. a distance
of 20.00 feet;
THENCE N. 88012124" W. (R - S. 89-57' W. & S. 89-57153" W.), contiguous
with the South line of said parent tract, the North line of said White
tract and the North line of Lot 1, The Preserve at Prairie Pointe, an
Addition to the City of Lubbock, Lubbock County, Texas according to the
map, plat and/or dedication deed thereof recorded in Volume 9142, Page 80,
Official Real Property Records of Lubbock County, Texas (ORPRLC, TX.), at
238.80 feet pass the common North corner of said White tract and said Lot
1, at 1,114.63 feet pass the Northwest corner of said Lot 1, in all a total
distance of 1,117.09 feet to a 1/2" iron rod found in the East right-of-way
line of Avenue "U" as described in Volume 6100, Page 122, ORPRLC, TX. for
the Southwest corner of this tract;
THENCE contiguous with the East right-of-way line of said Avenue "U" the
following three (3) courses and distances:
1) N. 03-54122" E. (R - N. 02008115" E.) a distance of 46.83 feet to a
HUGO cap found for a corner of this tract;
2) N. 01-48'12" E. (R - N. 00°02'05" E.) a distance of 60.62 feet to a
1/2" iron rod found at the Southwest corner of street dedication deed
described in CCF #2016003529, OPRLC, TX. for the most Westerly
Northwest corner of this tract;
3) N. 46048'24" E. (R - N. 46048'04" E.) a distance of 42.43 feet to a
HUGO cap found in the South right-of-way line of 820d Street as
described in Volume 6100, Page 122, ORPRLC, TX. and Volume 7620, Page
43, ORPRLC, TX. for the most Northerly Northwest corner of this
tract;
THENCE contiguous with the South right-of-way line of said 82nd Street the
following five (5) courses and distances:
OJD ENGINEERING, LLC 4 328 E. HWY. 62182, WOLFFORTH, TX. * FIRM#10193983
Page 2 of 2
1) S. 88°11'22" E. (R - S. 89"57'29" E.) a distance of 145.00 feet to a
1/2" iron rod found at the beginning of a curve to the left having a
radius - 875.21 feet for a corner of this tract;
2) In a Southeasterly direction around said curve to the left having a
radius a 875.21 feet, A - 02*30'21", chord distance s 38.27 feet,
chord bearing a S. 89*26131" E., a distance of 38.27 feet to a 1/2"
iron rod found for a corner of this tract;
3) N. 89018120" E. (R - N. 87-32112" E.) a distance of 323.94 feet to a
HUGO cap found for a corner of this tract;
4) S. 891114114" E. (R - N. 88°25.20" E.) a distance of 233.66 feet to a
1/2" iron rod with blue cap inscribed "CYRIL TURNER TX-RPLS 6460" set
for a corner of this tract;
5) S. 88040130" E. (R - N. 88059104" E.) a distance of 344.78 feet to
the POINT OF BEGINNING.
Note: A survey of even certification date accompanies this description
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, that I,
Cyril H. Turner, Registered
COUNTY OF LUBBOCK Professional Land Surveyor, do hereby
certify that I did cause to be surveyed
on the ground the above described tract of land, and to the best of my
knowledge and belief, the said description is true and correct.
IN WITNESS THEREOF, my hand and seal.
C it H. Turner
Registered Professional
Land Surveyor #6460
OJD ENGINEERING, LLC * 328 E. HWY. 62/82, WOLFFORTH, TX. * FIRM#10193983
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Q ? STATE OF TEXAS MOW ALL MEN BY THESE PRESMT$
OW I, cjrfl EL Twner, Regtsterod
COUNTY OF LUBBOCK Profasiond Land SLneyw, do hereby
certify that I did cause to be sur►eyed
an the ground the bract of land shown on dW Pkt and to the best
of my knowledge and WW. the sold desar tic» Is tea end Carrset.
`FEE rF+ IN MITNESS THEREOF, my hone and seal.
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NOTE -
Poe - Point of Begtrming.
0 - 1/2' stun rod with cap fnsarked 'NUW REED' found (PAM/CM)
® - 1/2- Iran rod with cop Inscribed -CHT RPLS 6460' set.
• - 1/2" Ira► rod found (PAIRO/Gf), unless otherwise noted.
PAM - Physical Monument of Record Olgnity
Gr - Controding Monument
ONE -Overhead t7echicof fines
Parent tract recorded An County Clark Ede Number 201604181S, OfNclof
PuWk Records of Lubbock County, Texas.
Bow*Vs are relative to OM North, Texas Coordinate System of
1984 North Can trot Zone, (2011. epoch 2010.0)
Distances am surfaces U.S. Survey Feet.
This survey Is subject to any facts which may be dbdoeed by a hdt and
accurate title am ci+ A current title commitment was not prodded
for this survey.
Metes d' Bounds Dasrrlptkn of even survey dote occompanke this plot.
This plot inv0id unless It bears surveyor's seal and signature.
Field notes with even certiReation date accompany this plat.
NOT TO SCALE
BOUNDARY SU VSY of A 3.62O ACRE TRACT OF LAND SIRlAIM
IN SECTION 9, BLOCKRC3Si RR CO SURVEY,
A-47, LU88Odf COUNTY, TE )CAS
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