HomeMy WebLinkAboutOrdinance - 2022-O0053 - Zone Case 3460 - 04/12/2022First Reading
April 12, 2022
Item No. 8.3
ORDINANCE NO. 2022-00053
Second Reading
April 26, 2022
Item No. 7.46
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO.3460; A ZONING CHANGE FROM
T AND R-1 TO C-3 ZONING DISTRICT AT 2402 NORTH QUAKER AVENUE,
LOCATED SOUTH OF CLOVIS ROAD AND EAST OF NORTH QUAKER
AVENUE, ON 9.03 ACRES OF UNPLATTED LAND OUT OF BLOCK A,
SECTION 13, 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:
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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 T and R-1 to C-3 zoning district at 2402
North Quaker Avenue, located south of Clovis Road and east of North
Quaker Avenue, on 9.03 acres of unplatted land out of Block A, Section 13,
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 April 12, 2022
Passed by the City Council on second reading on April 26, 2022
��'V
DANIEL M. POPE, MAYOR
ATTEST:
Reb a Garza, City Secre
Zone Case No. 3460
Page - 2
APPROVED AS TO CONTENT:
Director of Planning
APPROVED AS TO FORM:
-1 0 - &vi
elli Leisure, Assistant City Attorney
vwlcityatt/Kel I i/ZoneCase/ZC3460
April 7, 2022
Zone Case No. 3460
Page - 3
FIELD NOTES for a 9.33 acre tract of land out of Section 13, Abstract No.
89, Block A, T. T. Ry. Co. Survey, Lubbock County, Texas, and more
particularly described as follows:
BEGINNING at a railroad spike found in the east right-of-way line of Quaker
Avenue in Ursuline Street which bears S. 870 59' 31" E. a distance of
109.06 (record tie) from the southwest corner of said Section 13 for the
southwest corner of this tract.
THENCE N. 010 44' 40" E., along said east right-of-way line, a distance of
44.62 feet to an "HRA" cap found for an ell corner of this tract.
THENCE N. 88° 18' 11" W., continuing along said east right-of-way line, a
distance of 12.10 feet to a 1/2" iron rod found at the beginning of a curve
to the right for a corner of this tract.
THENCE continuing along said east right-of-way line along said curve with a
radius of 30.00 feet, a long chord bearing of N. 44° 01' 26" W. and a long
chord distance of 41.89 feet, a curve distance of 46.37 feet to a 1/2" iron
rod found at the end of said curve for a corner of this tract.
THENCE N. 000 15' 20" E., continuing along said east right-of-way line, a
distance of 346.03 feet to a 1/2" iron rod found for an angle corner of
this tract.
THENCE N. 010 47' 43" E., continuing along said east right-of-way line, a
distance of 281.09 feet to an "HRA" cap found for the most westerly
northwest corner of this tract.
THENCE N. 63° 17' 11" E., continuing along said east right-of-way line, a
distance of 30.37 feet to a 1/2" iron rod found in the southwest right-of-
way line of U.S. Highway 84 for the most northerly northwest corner of this
tract.
THENCE S. 550 07' 12" E., along said southwest right-of-way line, a
distance of 1217.73 feet to a 3/8" iron rod found for the northeast corner
of this tract.
THENCE S. 18e 34' 48" W. a distance of 56.59 feet to a railroad spike found
in the south line of said Section 13 in said Ursuline Road for the
southeast corner of this tract.
THENCE N. 87e 59' 31" W., along said south line and said Ursuline Road, a
distance of 979.17 feet to the POINT OF BEGINNING and containing 9.33 acres
of land.
Bearings based on U.S. State Plane of 1983 - Texas North Central Zone
* * * * * * * * * * * * * * *
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, that I,
Richard E. Johnson, Registered
COUNTY OF COLLINGSWORTH 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 and seal,
2022.
�eoeoeee saose°seeed000
RtiHARD E. JOHNSON
~4263�•" $�
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this the 31st day of January, A.D.,
Richard E. Johns
Registered Professional
Land Surveyor #4263
OJD ENGINEERIN-G, LLC * WELLINGTON, TEXAS * FIRM NO. 10090900