HomeMy WebLinkAboutOrdinance - 2021-O0172 - Zone Case 2538-AAFirst Reading
December 7, 2021
Item No. 8.8
Second Reading
December 14, 2021
Item No. 7.11
ORDINANCE NO. 2021-00172
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2538-AA; A ZONING CHANGE
FROM R-1 TO R-1A ZONING DISTRICT AT 7111 26TH STREET, LOCATED
SOUTH OF 26TH STREET AND EAST OF UPLAND AVENUE, ON 21.646
ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 43,
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.2538-AA
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 R-1A zoning district at 711126th
Street, located south of 26th Street and east of Upland Avenue, on 21.646
acres of unplatted land out of Block AK, Section 43, 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:
4cRbca Garza, City Sec e
APPROVED AS TO CONTENT:
Planning
AS TO FORM:
Kelli Leisure, Assistant City Attorney
vw/cityatt/Kel li/ZoneCase/ZC2538-AA
November 22, 2021
December 7, 2021
December 14, 2021
5WW� 0
STEVE SEN ALE, YOR PRO TEM
Zone Case No. 2538-AA
Page - 2
CIL:* AMD Engineering and Surveying
A 21.646 ACRE TRACT IN
THE SOUTHWEST QUARTER OF
SECTION 43, BLOCK AK,
E.L. & R.R. RR. CO. SURVEY, ABSTRACT NO. 184,
LUBBOCK COUNTY, TEXAS
(Sheet 1 of 2, Plat of survey attached here -with as Sheet 2)
A 21.646 acre tract of land located in the Southwest Quarter (SW/4) of Section 43, Block AK, E.L. & R.R.
RR. Co. Survey, Abstract Number 184, Lubbock County, Texas, being all of that certain tract of land
described as 17.70 acres in a Warranty Deed recorded in Volume 1472, Page 646 of the Deed Records of
Lubbock County, Texas, and a portion of that certain tract of land described as 4.25 acres in a Warranty
Deed recorded in Volume 6043, Page 101 of the Real Property Records of Lubbock County, Texas, said
21.646 acre tract being further described by metes and bounds as follows:
BEGINNING at a "MAG" nail set in the centerline of Upland Avenue and in the west line of said Section
43 at the southwest corner of said 17.70 acre tract, same being the most westerly northwest corner of the
plat limits of Pine Hills Addition, a subdivision according to the map, plat and/or dedication deed thereof
recorded in Volume 1709, Page 661 of the Deed Records of Lubbock County, Texas, and for the southwest
comer of these plat limits, having coordinates of Northing: 7,270,725.47 and Easting: 910,383.41 of the
Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence a railroad spike found at the
southwest corner of said Section 43 bears S. 01 ° 52' 44" W. a distance of 1539.75 feet, said section corner
having coordinates of Northing: 7,269,186.91 and Easting: 910,332.94 of the Texas Coordinate System of
1983 (2011), Texas North Central Zone;
THENCE N. 01 ° 52' 44" E., along the centerline of Upland Avenue and the west line of said Section 43
at a distance of 170.25 feet pass a railroad spike found, continuing for a total distance of 204.33 feet to a
"MAG" nail set for the most westerly northwest corner of these plat limits, same being the southwest corner
of that certain 1.00 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number
2018003570 of the Official Public Records of Lubbock County, Texas;
THENCE S. 880 08' 32" E., at a distance of 55.00 feet pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set in the proposed future east right-of-way line of Upland Avenue, continuing at a
distance of 55.61 feet pass a 1/2" iron rod with a green broken cap found, continuing for a total distance of
296.24 feet to a 1 /2" iron rod with a cap marked "RPLS 4460" found at the southeast corner of said 1.00
acre tract for an ell corner of these plat limits;
THENCE N. 010 48' 47" E., along the east lines of five tracts of land, being: (1) said 1.00 acre tract, (2)
Lynch Addition, Lots 1-A and 1-B, an addition to the City of Lubbock, Lubbock County, Texas, according
to the map, plat and/or dedication deed thereof recorded in Volume 8252, Page 220 of the Official Public
Records of Lubbock County, Texas, (3) that certain 1.50 acre tract of land described in a Warranty Deed
recorded in Volume 2783, Page 126 of the Real Property Records of Lubbock County, Texas, (4) that
certain 0.94 acre tract of land described in a Warranty Deed recorded in Volume 4827, Page 188 of the Real
Property Records of Lubbock County, Texas, and (5) Crenwelge Addition, Lot 1, an addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in
Volume 5116, Page 195 of the Real Property Records of Lubbock County, Texas, at a distance of 868.45
feet pass a I/2" iron rod with a cap marked "AMD ENGINEERING" set in the proposed future south right-
of-way line of 26th Street, continuing for a total distance a distance of 900.45 feet to a 1/2" iron rod with a
cap marked "AMD ENG" set in the north line of said Southwest Quarter (SW/4) for the northwest corner
of said 4.25 acre tract and the most northerly northwest comer of these plat limits, having coordinates of
Northing: 7,271,819.82 and Easting: 910,714.61 of the Texas Coordinate System of 1983 (2011), Texas
North Central Zone, whence a cotton spindle found in the centerline of said Upland Avenue at the west
quarter corner of said Section 43 bears N. 88° 11' 07" W. a distance of 295.21 feet, said quarter section
corner having coordinates of Northing: 7,271,829.17 and Easting: 910,419.61 of the Texas Coordinate
System of 1983 (2011), Texas North Central Zone;
6515 68ih Street, Suite 300 TBPE Reg. # F-9197 Office: (906) 771-5976
Lubbock. Texas 79424 TBPELS Reg. # 101785-00 Fax: (806) 771-7625
AMD Engineering and Surveying
THENCE S. 880 1 i' 07" E., along the north line of said Southwest Quarter (SW/4), a distance of 317.51
feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set for a comer of these plat limits;
THENCE S. 010 54' 23" W., at a distance of 32.00 feet pass a 1/2" iron rod with a cap marked "AMD
ENG" set in the proposed future south right-of-way line of said 26th Street, continuing for a total distance
of 200.00 feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set for an ell corner of these
plat limits;
THENCE S. 88e 1 P 07" E. a distance of 256.23 feet to a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set for an ell corner of these plat limits;
THENCE N. 010 54' 23" E., at a distance of 168.00 feet pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set in the proposed future south right-of-way line of said 26th Street, continuing for a
total distance a distance of 200.00 feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set
in the north line of said Southwest Quarter (SW/4) for a corner of these plat limits;
THENCE S. 88e 1 P 07" E., along the north line of said Southwest Quarter (S W/4), a distance of 272.00
feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set for the northeast corner of said 17.70
acre tract and these plat limits, having coordinates of Northing: 7,271,793.04 and Easting: 911,559.72 of
the Texas Coordinate System of 1983 (2011), Texas North Central Zone;
THENCE S. 010 54' 23" W., along the west plat limits of said Pine Hills Addition at a distance of 32.00
feet pass a 1/2" iron rod with a cap marked "AMD ENGINEERING" set in the proposed future south right-
of-way line of said 26th Street, continuing at a distance of 45.69 feet pass the south right-of-way line of
26th Street as dedicated with the plat of said Pine Hills Addition, continuing for a total distance of 1105.33
feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set at an ell corner of the plat limits of
said Pine Hills Addition for the southeast corner of said 17.70 acre tract and these plat limits, having
coordinates of Northing: 7,270,688.59 and Easting: 911,522.96 of the Texas Coordinate System of 1983
(2011), Texas North Central Zone;
THENCE N. 880 08' 47" W., at a distance of 1085.42 feet pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set in the proposed future east right-of-way line of said Upland Avenue, continuing for
a total distance of 1140.42 feet to the POINT OF BEGINNING. Bearings and coordinates are based on
the Texas Coordinate System of 1983 (2011), Texas North Central Zone. The convergence angle to True
North is -1 a 53' 35.55" and the combined scale factor is 0.99975986. Distances are at surface, in U.S. survey
feet.
I, Norris Stevens, Registered Professional Land Surveyor, do hereby certify that this description was
prepared from an actual survey of the property and that the information hereon represents the findings of
this survey to the best of my knowledge and belief.
Surveyed August 31, 2021
Revised September 8, 2021
/10-
Norris Stevens
Registered Professional Land Surveyor,
State of Texas, Seal No. 4339
210574 Sec 43 Blk AK. Tumer Tract.
q-GT-Z02.1
6515 68t1 Street, Suite 300 TBPE Reg. # F-9197 Office: (806) 771-5976
Lubbock, Texas 79424 TBPELS Reg.#101785-00 Fax: (806) 771-7625