HomeMy WebLinkAboutOrdinance - 2021-O0175 - Zone Case 3132-AFirst Reading
December 7, 2021
Item No. 8.11
ORDINANCE NO. 2021-00175
Second Reading
December 14, 2021
Item No. 7.14
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3132-A; A ZONING CHANGE
FROM A-2 TO R-1A SPECIFIC USE FOR GARDEN HOMES, GENERALLY
LOCATED SOUTH OF 58TH STREET AND EAST OF WAUSAU AVENUE, ON
41.465 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 34,
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.3132-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 40.01.005 of the Code of
Ordinances of the City of Lubbock from A-2 to R-1A Specific Use for Garden
Homes zoning district generally located south of 58th Street and east of
Wausau Avenue, on 41.465 acres of unplatted land out of Block AK, Section
34, 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 A-2 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 58th Street and east of Wausau Avenue, on 41.465 acres
of unplatted land out of Block AK, Section 34, 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
December 7, 2021
Passed by the City Council on second reading on December 14, 2021
ATTEST:
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Zone Case No. 3132-A
Page - 2
APPROVED AS TO CONTENT:
Bry , Dir for of Planning
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
vw/CityAtt/Kelli/Zones/ZC3132-A
November 22, 2021
Zone Case No. 3132-A
Page - 3
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E N G I N E E R I N G www.F.2Meng.com
CIVIL • ENVIRONMENTAL • SAFETY 5012 501" Street, Suite 204 Lubbock, TX 79414 P: (806) 783-9944 F: (806) 783-9966
Legal Description for 41.462-acre Tract being out of Section 34, Block AK, B.T. Rucker in the City
of Lubbock.
A 41.462-acre Tract being 31.799-acres out of a recorded 45.222-acre tract out of Section 34, Block
AK, B.T. Rucker Survey, Lubbock County, Texas recorded in Instrument Number (Instr. No.)
2003036609 of the Official Public Records of Lubbock County (OPRLC), Texas and 9.663-acres out of a
20.405-acre tract out of Section 34, Block AK, B.T. Rucker Survey, Lubbock County, Texas recorded in
Instr. No. 2005038946 of the OPRLC, Texas and being further described as follows:
BEGINNING at a set iron pin w/orange cap "R2M RPLS 1871" for the Northeast corner of this tract
having Texas Coordinate System, North Central Zone coordinates of Northing 7260164.60, Easting
909230.12 and point being the common line of said 31.779-acre tract and the South line of Lot 7 of
Winghaven Estates recorded in Vol 8966 Pg 188 of the OPRLC, FROM which point the NE corner of
said Section 34 bears S 88°09'02" a distance of 808.73' to the East line of said Section 34 and N
01 °51'42" E (record N 00'01'24" E) along the East line of said Section 34, a distance of 3771.12' to a
found iron pin for the NE corner of said Section 34;
THENCE S 01051'42" W along the interior of said 45.222-acre tract and said 20.405-acre tract to a set
iron pin w/orange cap "R2M RPLS 1871" a distance of 802.91' for a corner of this tract;
THENCE through the interior of said 20.405-acre tract for the following 7 calls:
THENCE N 88009'02" W to a set iron pin w/orange cap "R2M RPLS 1871" a distance of 110.00',
THENCE S 01 °50'58" W to a set iron pin w/orange cap "R2M RPLS 1871" a distance of 41.09',
THENCE N 88009'02" W to a set iron pin w/orange cap "R2M RPLS 1871" a distance of 256.83',
THENCE S 01050'58" W to a set iron pin w/orange cap "R2M RPLS 1871" a distance of 101.23',
THENCE S 73002'27" W to a set iron pin w/orange cap "R2M RPLS 1871" a distance of 27.22',
THENCE N 88009'02" W to a set iron pin w/orange cap "R2M RPLS 1871" a distance of 328.63',
THENCE S 01050'58" W to a set iron pin w/orange cap "R2M RPLS 1871" a distance of 177.60'
to a point in the common line of this tract and the North line of a 16.863-acre tract recorded in
Inst. No. 2015025858 of the OPRLC, FROM which point the SE corner of said Section 34 bears
S 88009'02" a distance of 1530.50" to the East line of said Section 34 and S 01 °51'42" W along
the East line of said Section 34, a distance of 375.55' to a found railroad spike for the SE corner
of said Section 34;
THENCE N 88009'02" W (record N 88059'29" W) along the common line of this tract and said 16.863-
acre tract to a found iron pin a distance of 622.99' also being the Northeast corner of a 1-acre tract owned
by Richard & Josie Chaves recorded in Inst. No. 2016012494 of the OPRLC;
THENCE N 88009'02" W (record N 88°09'27" W) along the common line of this tract and said Chaves
tract to found iron pin a distance of 115.53' being a common point of this tract and being the Northwest
corner of said Chaves tract and the Northeast corner of a 1-acre tract owned by Neufeld Real Estate LLC
recorded in Inst. No. 2016012493 of the OPRLC;
THENCE N 88009'02" W (record West) along the common line of this tract and the North line of said
Neufeld tract to a found iron pin a distance of I I5.58' (record 115.50') being the most southerly
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CIVIL • ENVIRONMENTAL • SAFETY 5012 501" Street, Suite 204 Lubbock, TX 79414 P: (806) 783-9944 F: (806) 783-9966
Southwest corner of this tract and the Northwest corner of the said Neufeld tract and being in the West
line of a 2.5-acre tract owned by Carter & Patricia Shuman recorded in Inst. No. 2021026227 of the
OPRLC;
THENCE N 01051'51" E (record N 00'01'24" E) along the common line of this tract and the East line of
said Shuman tract to a 2" fence post having Texas Coordinate System, North Central Zone coordinates of
Northing 7259461.56, Easting 907631.59, a distance of 377.15' (record 377.13') being a corner of this
tract and the Northeast corner of said Shuman tract;
THENCE N 88009'00" W (record N 88°10'40" W) along the common line of this tract and the North line
of said Shuman tract to a found iron pin a distance of 144.39' (record 144.34') being a common point and
the Northwest corner of said Shuman tract and the Northeast corner of a 2-acre tract owned by Troy and
Bonnie Brooks Trust recorded in Inst. No. 2018021241 of the OPRLC;
THENCE N 87057'57" W (record West) along the common line of this tract and said Brooks tract to a
found iron pin a distance of 116.65' (record 115.50') being the most westerly Southwest corner of this
tract and being the Northwest corner of said Brooks tract and being in the East Right -of Way line of
Wausau Avenue as recorded in Inst. No. 2020056904 of the OPRLC;
THENCE N 01 05357" E (record N 00001'24" E) along the common West line of this tract and the East
Right -of -Way line of said Wausau Avenue to a set "X" in concrete a distance of 754.07' (record 754.14')
being the Northwest corner of this tract and the Southwest corner of a 46.09-acre tract owned by
Escondido Lubbock LLC recorded in Inst. No. 2019025189 of the OPRLC;
THENCE S 88009'02" E (record S 89°59'29" E) along the common line of this tract and the South line of
a said 46.09-acre tract passing a found nail a distance of 10.02' and passing a found iron pin at a distance
of 1468.29' being the Southeast corner of said 46.09-acre tract and continuing along the common line of
this tract and the South line of said Lot 7 of Winghaven, passing a found iron pin a distance 1479.11' and
continuing for a total distance of 1835.78' to the Point of Beginning, and having an area of 41.462 Acres.
These field notes and this survey were prepared under the supervision of Jeryl D. Hart, Jr., RPLS No.
1871 based on an actual survey on the ground on June & July 2021 and has been completed substantially
in compliance with the professional and technical standards promulgated by the Texas Board of
Professional Engineers and Land Surveyors as identified in the Professional Land Surveying Practices
Act, Section 663.13.
BEARING AND COORDINATE BASIS: TX N.C.Z. coordinate system NAD 83(2011, Epoch 2010).
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