HomeMy WebLinkAboutOrdinance - 2019-O0080 - Zone Case 3382 - 07/09/2019First Reading
June 25, 2019
Item No. 7.7
ORDINANCE NO. -2ni a-nnnQn
Second Reading
July 9, 2019
Item No. 7.12
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 ZONING CHANGE TO C-3
FROM T ZONING DISTRICT AT 9902 UPLAND AVENUE, ON THE
SOUTHWEST CORNER OF 98TH STREET AND UPLAND AVENUE, ON 9.996
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, 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:
I3- --IL97=1TIMI1► 01=Ir-I'm:011100II.6114113,110611:011-21101=DES]Its,01 Rf I 1I9IN
ZONE CASE NO.3382
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 to C-3 from T zoning district at 9902 Upland
Avenue, on the southwest corner of 98th Street and Upland Avenue, on 9.996
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
Passed by the City Council on second reading on
ATTEST:
Garza, C
AS TO CONTENT:
i4a McEachern, Ag*tant City Manager
APPROVED AS TO FORM:
Kelli Leisure, Assistant City Attorney
vw/cityatt/Kell i/ZoneCase/ZC3382
June 6, 2019
J.. E RI ITH, MAYOR PRO TEM
Zone Case No. 3382
page - 2 of 2
6310 Gerwe Ave, SW4A. LUMXK c 7X. 7%24
PhWW t M407.1569 Fair 406-702-9M
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DESCRI nON FOR A ZOMNO CHANGE R.BWM IN
THE NORTHBAST QUARTER OF SECTION 23, BLOCK AK,
H.B. & W.T. RIL CO. SURVEY, ABSTRACT NO, 263,
LU13BOCK COUNTY, 77XM
(Shed 1 of 2, Skoich of tract attached as Sheet 2 of 2)
A trace of land located in Section 23, Block AK, H.E. & W.T. RR Co. Survey, Abstract No. 263,
Lubbock Conroy, Texas, said had cosWns 9.996 acres of land, mare or leas, being Awther descnW by
males and bounds as fellows:
BEOR NM at a point in the (proposed) south tisltt-ofavay line of 9P Street for the northwest comer of
this tract and having coordinates of Northing: 7,248,044.86 and EasdW 905,939.95, Trees Coordinate
System of 1983, Tem North Cenral Zone, wbence a railroad splice found at the northeast corner of staid
Section 23 bears N. 01' 5V 27" & a distance of 55.00 fed ttnd S. 8811 10' 06" E. a distance of 707.16 feet;
THENCE S. 88° 10' 06" E., parallel with the north line of said Sectim 23 and along said (proposed)
right-of-way line of 98th Street, a distewe of 202.40 feet to a point of intelaxtion far a corner of this
11Act;
THENCE S. 85* 18' 21* R, along said (proposed) right -of --way line of 98th Sties, a distsam of 200.25
feet to a point of intersection for a comer of ulna hu%
THENCE S. 88" IW 06* E., parallel wits sad 65.00 feet south of the north line of said Section 23 and
along said (proposed) right-of-way UN of 98th Street, a distance of 219.75 feat to a point of
innlemcdon for the most northerly tnorthaad corner of this tract;
THENCE S. 43* 09' 50" B. a distance of 42.42 feat to a point of iaterseetion in the (proposed) weal
right-of-way litre of Upland Avenue for the most easterly t carers of this tract;
THENCE S. 01° 50' 27" W., parallel with and 55.00 feet west of the oast lime of said Section 23 and
along said (proposed) ri&-of-way line of Upland Avenue, a distance of 15.00 feet pas the
comer of a (proposed) 45' drainage easement, continuing for a total a dirt"" of 619.00 feet to a point
of irctoxaoctior for the moat eaaaedy southeast caner of this tract;
THENCE S. 46° 5& 10' W. a distance of 21.21 feet to a point of inomxcdom in the north rlght.of-way
line of 100` Sured, Street Dedicadon Deed hoarded in County Cleric's File Number 2015M 138, for the
most southerly wutheat corner of this trace;
THENCE N. 88* l0' 06" W., along the said north right -of --way line of 1000 Street, a distance of 627.16
feet to a point of inter and the most soutitedy southwest coma of this tract.
THENCE N. 43* 09' 50' W. a distance of 14.14 feet to a point of intersection for the most wcsterly
southwest comer of this tract, note being the most easterly northeast corner of the plat hinits of
Windstona st Upland, Lots 1 through 100, an Addition to the City of Lubbock, Lubbock County, Texas,
recorded in Flat and Dedication Number 2015027136 of the Oflleial Public Records of Lubbock County,
Texas, and alto being the southeast conwr of the plat limits of Wiadstom at Upland, Lot 524-A & B, Lots
525 through 554, Lot 555-A & B and Lot 556-A do B, Lots 557 through $64, Lot 565-A dk B and Lot 566-
A # B, Lots 567 though 574, Lot 575-A do B and Lot 576-A dk B, Lots 577 through 594, Lot 585-A & B
and Tracts C and D. an Addition to the City of Lubbock, Lubbock County, Toms, recorded in Plat and
Dedication Number 2019W3%2 of the Ofindal Public Records of Lubbock County, Texas, having
coordinates of Nordling: 7,247,381.37 and Fantle;: 908,918.63, Texas Coordinate System of 1993
(2011 X Tema North Central Zone;
THENCE N. 0111 5W 27" E., along the earn plat limits of said Winton at Upland, Lei 524-A 8a B, Lots
525 throu9b 554, Lot 555-A & B and Lot 55&A dk B. Lots 357 through 5M, Lot 565-A & B and Lot 566•
A & B, Lon $67 through 574. Lot 575-A dt B and Lot 576-A & B, Lots 577 through 594, Lot 585-A & B
and Tracts C and D, a distance of 619.00 feet pasts the southwest corner of ttsid (proposed) 45' dr buW
casement, continuing for a total distance of 664.00 fed to the POINT OF BEOn MNti. Bearings are
based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone. Distances are at
surface, in U.S. survey fact.
This description was prepared for proposes of a maning change request and does not rap west a survey
sancta +span the ground. This dwnpdon is compiled firm information obtained to pnMous surveys made
Within said Section 23 and wwompassing this tract.