HomeMy WebLinkAboutOrdinance - 2022-O0018 - Zone Case 3308-E - 01/25/2022First Reading
January 25, 2022
Item No. 8.5
ORDINANCE NO. 2022-00018
Second Reading
February 8, 2022
Item No. 7.25
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3308-E; A ZONING CHANGE
FROM A-2 TO C-3 AND R-2 ZONING DISTRICT GENERALLY LOCATED
SOUTH OF 19TH STREET AND EAST OF UPLAND AVENUE, ON 13.7 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, 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.3308-E
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 C-3 and R-2 zoning district
generally located south of 19t' Street and east of Upland Avenue, on 13.7
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 January 25, 2022
Passed by the City Council on second reading on February 8, 2022
ATTEST:
Q-L�
ReItca Garza, City Secre
DANIEL M. POPE, MAYOR
Zone Case No. 3308-E
Page - 2
APPROVED AS TO CONTENT:
Bryan Is irecto of Planning
APPROVED AS TO FORM:
)A hul�t'
elli Leisure, Assistant City Attorney
vw/cityatt/Kel I i/ZoneCase/ZC3308-E
January 6, 2022
Zone Case No. 3308-E
Page - 3
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LAND EURVEVIND
Delta
Land Surveying & Engineering, LLC
1310 Jarvis Street
Lubbock, TX 79403
806-701-5707
www.deltalbk.com
REZONE FROM A-2 TO C-3
Metes and Bounds description of a 2.6 acre tract of land, being all of those tracts described in Volume
7436, Page 293, Official Public Records of Lubbock County, Texas (OPRLCT), being the remainder of that
tract of land described in County Clerk File Number (CCFN) 2016029699, OPRLCT, being out of Section
43, Block AK, Lubbock County, Texas, and being more particularly described as follows:
Beginning at point in the South Right of Way line of State Highway 114 described in Volume 181, Page
213, Deed Records of Lubbock County, Texas (DRLCT), for the Northeast corner of this tract, whence the
Northwest corner of Tract "A", Bushland Springs, an Addition to the City of Lubbock, Lubbock County,
Texas, as recorded in CCFN 2018046649, OPRLCT, bears S88°10'12"E, approximately 294.5 feet and
S01°47'52"W, approximately 15.0 feet;
Thence S01"47'52"W, leaving said State Highway 114, approximately 315.2 feet to a point for the
Southeast corner of this tract;
Thence N88*12'08"W, approximately 365.4 feet to a point in the East Right of Way line of Upland
Avenue (No Document Found), for the Southwest corner of this tract;
Thence N01'52'48"E, with said Upland Avenue, approximately 315.4 feet to a set nail and shiner marked
DELTA LAND SURVEYING in the South Right of Way line of said State Highway 114, for the Northwest
corner of this tract;
Thence S88*10'12"E, leaving said Upland Avenue, and with said State Highway 114, approximately 365.0
feet to the Point of Beginning.
Texas License Firm Number 10194496
Texas Registered Engineering Firm Number F-22948
13111 ?I�
LAND SURVEYING
Delta
Land Surveying & Engineering, LLC
1310 Jarvis Street
Lubbock, TX 79403
806-701-5707
www.deltalbk.com
REZONE FROM A-2 TO R-2
Metes and Bounds description of a 11.1 acre tract of land, being all of those tracts described in Volume 7436,
Page 293, Official Public Records of Lubbock County, Texas (OPRLCT), being the remainder of that tract of
land described in County Clerk File Number (CCFN) 2016029699, OPRLCT, being out of Section 43, Block AK,
Lubbock County, Texas, and being more particularly described as follows:
Beginning at a found 1/2" iron rod in the South Right of Way line of State Highway 114 described in Volume
491, Page 15, Deed Records of Lubbock County, Texas (DRLCT), for the Northwest corner of Tract "A",
Bushland Springs, an Addition to the City of Lubbock, Lubbock County, Texas, as recorded in CCFN
2018046649, OPRLCT, and for the most Easterly Northeast corner of this tract;
Thence S01'47'52"W, leaving said State Highway 114 and with the West line of said Tract "A", approximately
892.0 feet to a found 1/2" iron rod in the North Plat Limits of Lots 147-251, Bushland Springs, an Addition to
the City of Lubbock, Lubbock county, Texas, as recorded in CCFN 2021023147, OPRLCT, for the Southwest
corner of said Tract "A", and for the Southeast corner of this tract;
Thence N88"12'08"W, leaving said Tract "A" and with North Line of said Lots 147-251, Bushland Springs, an
addition, approximately 595.8 feet to a found 1/2" iron rod with red cap marked AMD ENGINEERING for a
corner of said Lots 147-251, Bushland Springs and for the most Southerly Southwest corner of this tract;
Thence N43"09'40"W, with the North line of said Lots 147-251, Bushland Springs, approximately 14.1 feet to
a found 1/2" iron rod with red cap marked AMD ENGINEERING for a corner of said Lots 147-251, Bushland
Springs and for a corner of this tract;
Thence N88"07'12"W, with the North line of said Lots 147-251, Bushland Springs, approximately 55.0 feet to
a found nail and shiner marked AMD ENGINEERING near the center of Upland Avenue (No Document Found),
for the Northwest corner of said Lots 147-251, Bushland Springs and for the most Westerly Southwest corner
of this tract;
Thence N01'52'48"E, leaving said Lots 147-251, Bushland Springs, and with said Upland Avenue,
approximately 581.9 feet to a point for the most Westerly Northwest corner of this tract;
Thence S88'12'08"E, leaving said Upland Avenue, approximately 365.4 feet to point for a corner of this tract;
Thence N01°47'52"E, 315.2 feet to a point in the South Right of Way line of State Highway 114 recorded in
Volume 181, Page 213, DRLCT, for the most Northerly Northwest corner of this tract;
Thence S88"10'12"E, with said State Highway 114, approximately 258.9 feet to a found 1/2" iron rod with
orange cap marked AMD ENGINEERING for the most Northerly Northeast corner of this tract;
Thence S01'28'38"W, with said State Highway 114, approximately 15.0 feet to a found 1/2" iron rod for a
corner of this tract;
Thence S88'12'04"E, with said State Highway 114, approximately 35.5 feet to the Point of Beginning.
Texas License Firm Number 10194496
Texas Registered Engineering Firm Number F-22948
ZONE CASE SKETCH
ZONE R2: ON A 11.1 ACRE TRACT OF LAND, BEING ALL OF THOSE TRACTS DESCRIBED IN VOLUME 7436, PAGE 293, OFFICIAL PUBLIC
RECORDS OF LUBBOCK COUNTY, TEXAS, BEING THE REMAINDER OF THAT TRACT OF LAND DESCRIBED IN COUNTY CLERK FILE
NUMBER 2016029699, OPRLCT, BEING OUT OF SECTION 43, BLOCK AK, LUBBOCK COUNTY, TEXAS
ZONE C3: ON A 2.6 ACRE TRACT OF LAND, BEING ALL OF THOSE TRACTS DESCRIBED IN VOLUME 7436, PAGE 293, OFFICIAL PUBLIC
RECORDS OF LUBBOCK COUNTY, TEXAS, BEING THE REMAINDER OF THAT TRACT OF LAND DESCRIBED IN COUNTY CLERK FILE
NUMBER 2016029699, OPRLCT, BEING OUT OF SECTION 43, BLOCK AK, LUBBOCK COUNTY, TEXAS
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STATE HIGHWAY 114 (19TH STREET
VOLUME 181, PAGE 213
— 15 ' R/GHT OF WA y
S88' 10' 12 "E 365.0' S88' 10' 12 "E 258.9' ( HOC UME 491, PAGE 15
P.O.B.
N88' 12'08"W 595.8'
S176 I 175 174 ' 173 - 172 171 170 169 168 '
OTS 147-251, SUSHI -AND SPR/NGSAN SDD/T/ON S `
CCFN. 2021023147 —
SCALE: 1" = 200'
SURVEYED FOR:
BBA HOMES LAND COMPANY, LLC
200 400
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131=1_iIx
LAND $URVEYINO
ENDINEERIND
DELTA LAND SURVEYING, LLC
FIRM # 10194496
DELTA ENGINEERING, LLC
FIRM # F-22948
1310 JARVIS STREET
LUBBOCK, TX 79403
806-701-5707
VWWV.DELTALBK.COM
DRAFTED BY. KG REV. BY: JN