HomeMy WebLinkAboutOrdinance - 2022-O0101 - Zone Case 3382-A - 07/12/2022First Reading
June 28, 2022
Item No. 5.7
Second Reading
July 12, 2022
Item No. 6.3
ORDINANCE NO. 2022-00101
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3382-A; A ZONING CHANGE
FROM C-3 TO R-2 ZONING DISTRICT AT 9902 UPLAND AVENUE, LOCATED
WEST OF UPLAND AVENUE AND SOUTH OF 98TH STREET, ON 7.14 ACRES
OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 23, 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.3382-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 C-3 to R-2 zoning district at 9902
Upland Avenue, located west of Upland Avenue and south of 98' Street, on
7.14 acres of unplatted land out of Block AK, Section 23, 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 June 28, 2022
Passed by the City Council on second reading on July 12, 2022
ATTEST:
Rebe ca Garza, City Secklaj
Zone Case No. 3382-A
Page - 2
APPROVED AS TO CONTENT:
ten Sager, Direct I of Planning
APPROVED AS TO FORM:
IA •
t/
K lli Leisure, Assistant City Attorney
vw.cityatt/Kelli ZoneCase/ZC3382-A
June 2, 2022
Zone Case No. 3382-A
Page - 3
4E[i * AMD Enaineerina
METES AND BOUNDS FOR
A 7.140 ACRE TRACT,
LOCATED IN SECTION 23, BLOCK AK,
H.E. & W.T. RR. CO. SURVEY, ABSTRACT NO.263,
LUBBOCK COUNTY, TEXAS
(Sheet 1 of 2)
Metes and Bounds description for a 7.140 acre tract of land located in the northeast quarter of
Section 23, Block AK, H.E. & W.T. RR. Co. Survey, Abstract No. 263, being a portion of that
certain 10.000 acre tract of land described in a Warranty Deed recorded in County Clerk's File
Number 2009045344 of the Official Public Records of Lubbock County, Texas, said metes and
bounds contain 7.140 acres of land being further described as follows:
BEGINNING at a point in the south right-of-way line of 98th Street, previously dedicated
according to the map, plat and/or dedication deed thereof recorded in County Clerk's Plat and
Dedication Number 2020002630 of the Official Public Records of Lubbock County, Texas, for
the northwest corner of these tract, having coordinates of Northing: 7,248,044.86 and Easting:
908,939.95 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence a
railroad spike found at the northeast corner of said Section 23 bears N. 01 ° 10' 06" E. a distance
of 55.00 feet and S. 88' 10' 06" E. a distance of 707.16 feet, said section corner having coordinates
of Northing: 7,248,077.22 and Easting: 909,648.34 of the Texas Coordinate System of 1983
(2011), Texas North Central Zone;
THENCE S. 880 10' 06" E., along the south right-of-way line of said 98th Street, a distance of
202.40 feet to a point of intersection for a corner of this tract;
THENCE S. 850 18' 21" E. a distance of 99.72 feet to the most northerly northeast corner of this
tract;
THENCE S. 01 ° 50' 27" W. a distance of 389.96 feet to a point of intersection for a corner of this
tract;
THENCE S. 430 31' 42" E. a distance of 21.08 feet to a point of intersection for a corner of this
tract;
THENCE S. 880 53' 52" E. a distance of 325.18 feet to a point of intersection for a corner of this
tract;
THENCE N. 460 26' 58" E. a distance of 14.24 feet to a point of intersection for a corner of this
tract;
THENCE S. 880 09' 33" E. a distance of 55.00 to a point in the east line of said Section 23 for
the most easterly northeast corner of this tract;
THENCE S. 010 50' 27" W., along the east line of said Section 23, a distance of 263.53 feet to
the southeast corner of this tract;
THENCE N. 880 09' 33" W. a distance of 55.00 feet to a point of intersection for a corner of this
tract;
6515 681h Street, Suite 300 TBPE Reg. # F-9197 Office: (806) 771-5976
Lubbock, Texas 79424 TBPELS Reg. #101785-00 Fax: (806) 771-7625
4KIi * AMD Enaineerina
THENCE S. 460 50' 10" W. a distance of 21.22 feet to a point in the north right-of-way line of
100"' Street, previously dedicated according to the map, plat and/or dedication deed thereof
recorded in County Clerk's Plat and Dedication Number 2020002630 of the Official Public
Records of Lubbock County, Texas, for a corner of this tract;
THENCE N. 880 10' 06" W., along the north right-of-way line of said 100`h Street, a distance of
627.16 feet to a point of intersection for a corner of this tract;
THENCE N. 430 09' 50" W. a distance of 14.14 feet to a point in the west line of an alley,
previously dedicated in the map/plat and/or dedication deed thereof recorded in County Clerk's
File Number 2019003962 of the Official Public Records of Lubbock County, Texas, for a corner
of this tract;
THENCE N. 010 50' 27" E. a distance of 664.00 feet to the POINT OF BEGINNING. Bearings
are based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. Distances
are at surface, in U.S. survey feet.
This description prepared for zoning purposes only, with information from previous surveys and
does not represent a survey as made upon the ground.
6515 681h Street, Suite 300 TBPE Reg. # F-9197 Office: (806) 771-5976
Lubbock, Texas 79424 TBPELS Reg. #101785-09 Fax: (806) 771-7625