HomeMy WebLinkAboutOrdinance - 2022-O0181 - Zone Case 3473 - 01/10/2023First Reading
December 13, 2022
Item No. 6.8
Second Reading
January 10, 2023
Item No. 5.34
ORDINANCE NO. 2022-00181
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO.3473; A ZONING CHANGE FROM
T TO C-3 ZONING DISTRICT AT 9802, 9902 AND 9908 MILWAUKEE
AVENUE, 6511 98TH STREET AND 6514 100TH STREET, LOCATED SOUTH OF
98TH STREET AND WEST OF MILWAUKEE AVENUE ON 6.549 ACRES OF
UNPLATTED LAND OUT OF BLOCK AK, SECTION 22, 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.3473
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 to C-3 zoning district at 9802, 9902
and 9908 Milwaukee Avenue, 6511 98th Street and 6514 1001h Street, located
south of 9811 Street and west of Milwaukee Avenue on 6.549 acres of
unplatted land out of Block AK, Section 22, 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.
", a171Z� �� _�_ �
Passed by the City Council on first reading on December 13, 2022
Passed by the City Council on second reading on January 10, 2023
ATTEST:
Reb cca Garza, City Sektity
APPROVED AS CONTENT:
Kris en Sager, Director at Planning
APPROVED AS TO FORM:
0-v - (k4't'�t
elli Leisure, Assistant City Attorney
vw/cityatt1Ke11 i/ZoneCase/ZC3473
December 1, 2022
Zone Case No. 3473
Page - 2
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Plat and Field Notes on a
0.799 Acre Tract out of Section 22, Block AK,
Lubbock County, Texas
Commencing Polnt(Record Dignity)
!ten m Ji
a
o CCFN 2011017786 Parent Tract
(ai and 0.954 Acre Tract Surveyed Some Date
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0.799 Acres
Concrete Drainage
Slab with Culvert
Under Milwaukee and
100th Street
100th Street
_I Graded Road 0' R—O—W V. 1237. P. 531 Paved —
F
I
F
I
Legend
O
Fd. Square Pipe
®
Set 1/2" Rod with Green Cap
®
Fd. 1/2" Iron Rod with Yellow Cap
X
Set "X' in Concrete
O
Power Pole
— a+—
Overhead Power Line
Scale: 1"-50'
Surveyed For: CMS
Properties
FIELD NOTES on a 0.799 acre tract out of Section 22, Block AK, Lubbock County, Texas
and also out of the 3.893 acre tract described In Lubbock County Clerk File Number
(CCFN) 2011017786 and further described as follows:
COMMENCING at a found 3/4' square pipe in the North line of the 3.893 acre tract for the
Northwest comer of this tract, which by deed calls bears S 01' 50' 43" W, 374.04 feel and N
88' 07' 59" W. 320.1 feet from the Northeast comer of Section 22;
THENCE S 01' 49' 55' W (Texas North Central Zone Bearing Basis), 156.96 feet to a set
112" Iron rod with green cap marked RPLS 4460 for the Southwest comer of a 0.954 acre
tract surveyed the same date and the Northwest and BEGINNING comer of this tract:
THENCE S 88*08'14- E. with the South line of the 0.954 acre tract, 264.93 feet to a set
1/2" Iron rod with green cap in the West proposed Right of Way line of Milwaukee Avenue
for the Northeast comer of this tract;
THENCE S 01 "50'44" W with the said proposed Right of Way line, 116.85 feet to a cut'X"
In concrete for the most Easterly Southeast comer of this tract;
THENCE S 46" 51' 15' W, 21.21 feet to a cut "X" in concrete for the most Southerly
Southeast comer of this tract;
THENCE N 88*08' 14' W. with the North line of 100th Street, 249.89 feet to a set 1/2" Iron
rod with green cap for the Southwest comer of this tract;
THENCE N 01°49' 55" E. with the East line of a 1.402 acre tract surveyed the same date.
131.85 feet to the PLACE of BEGINNING and containing 0.799 acres.
APSE OF TFr
y'xri�yfijF:k S
.....................:.....
J.M. CIESZINSKI
...._fat;: .......... _
SUHVti 1
A
J.M. CIESZINSKI, RPLS V4460
April 18, 2022
This plat was prepared in substantial compliance
with the requirements for a Category IA, Condition
II, Land Title Survey, as specified by the Texas
Society of Professional Land Surveyors
Surveyor's Report
This Plat is based on a survey made on the
ground April 11, 2022.
Monuments shown as found on this survey were
accepted by this surveyor as controlling evidence
due to substantial agreement with Record
Documents.
No Substantial Discrepancies between Record
Documents and conditions as found on the ground
were uncovered on this survey unless noted.
This plat was prepared without the benefit of a
Title Commitment. Easements and/or Restrictions
other than those shown may apply.
Bearings are based on the Texas North Central
Zone Coordinate System. NAD 83.
Plat and Field Notes on a
0.954 Acre Tract out of Section 22, Block AK,
Lubbock County, Texas
I
a
I
IPOB(3/4'
3
Square Pipe, Record Dignity)
This point by calls bears S 01' 50' 43"W, 374.04' &
N 88' 07' 59- W, 320.1 feel from the Northeast corner
I8
I
of Section 22. Block AK
$
2.74 Acre Tract CCFN 2019028235
I
I+f
S 88'08'18" E 284.98'
0.954 Acres
S.
TO
Q
C
NI
N WOB'14" W 4' 284 9393
CCFN 2011017786 Parent Tract
and 0.799 Acre Tract Surveyed Some Dote
Legend
❑
Fd. Square Pipe
®
Set 1/2" Rod With Green Cap
®
Fd. 1/2' Iron Rod with Yellow Cap
Scale: 1'=50'
4
Power Pole
m—
Overhead Power Line Surveyed For.CMS
Properties
ACOORDINATESISECRONBLOCK Illock AK\Section 22\Sec 22 Block AK Tax Tract S.dwg, 4/17/2022 5:S697 PM, SHARP b0k•2300N PCL61 ixl7.pC3
FIELD NOTES on a 0.954 acre tract out of Section 22, Block AK, Lubbock County, Texas
and also out of the 3.893 acre tract described in Lubbock County Clerk File Number
(CCFN) 2011017786 and further described as follows:
BEGINNING at a found 3/4" square pipe In the North line of the 3,893 acre tract for the
Northwest comer of this tract, which by deed calls bears S 01" 50' 43' W, 374.04 feet and N
88° 07' 59- W, 320.1 feet from the Northeast comer of Section 22:
THENCE S 88'061W E(Texas North Central Zone Bearing Basis), with the North line of the
3.893 acre tract, 264.96 feet to a found 1/2- Iron rod with yellow cap in the West proposed
Right of Way line of Milwaukee Avenue for the Northeast comer of this tract:
THENCE S 01'50'44' W with the said proposed Right of Way line, 156.81 feet to a set 1/2"
Iron rod with green cap marked RPLS 4460 for the Southeast comer of this tract;
THENCE N 88°08' 14" W. with the North line of a 0.799 acre tract also surveyed the same
date, 264.93 feet to a set 1/2" Iron rod with green cap for the Southwest comer of this tract;
THENCE N 01°49' 55" E. with the East fine of a 1.402 acre tract surveyed the same date,
156.96 feet to the PLACE of BEGINNING and containing 0.964 acres.
SP.tgOF Tcu,_
J.M. CIESZINSIO
...,\,....., • 4400 of ...
NQ Su 1�
t
J.M. CIESZINSKI, RPLS W460
April 18. 2022
This plat was prepared in substantial compliance
with the requirements for a Category 1A. Condition
It. Land Title Survey, as specified by the Texas
Society of Professional Land Surveyors.
Surveyor's Report
This Plat is based on a survey made on the
ground April 11, 2022.
Monuments shown as found on this survey were
accepted by this surveyor as controlling evidence
due to substantial agreement with Record
Documents.
No Substantial Discrepancies between Record
Documents and conditions as found on the ground
were uncovered on this survey unless noted.
This plat was prepared without the benefit of a
Title Commitment. Easements and/or Restrictions
other than those shown may apply.
Bearings are based on the Texas North Central
Zone Coordinate System. NAD 83.
Plat and Field Notes on a
1.402 Acre Tract out of Section 22, Block AK,
Lubbock County, Texas
r8B�OP5
Acre Tract CCFN 2019028235
11'17' E 211.59'
Concrete
B(3/4' Square Pipe, Record Dignity)
lls bears S 01' 50' 43'W, 374.04' &
2D.1 feet from the Northeast comer
of Section 22, Block AK
.402 Acres
Concrete Slabs
a
N 88'08'14' W 211.54'
,100th Street
— -- _ — _ _ _ Graded Rood — — �— —
60R—O—WY237P1 + —I — —
' 14
FIELD NOTES on a 1.402 acre tract out of Section 22, Block AK, Lubbock County, Texas
and also out of the 3.893 acre tract described In Lubbock County perk File Number
(CCFN) 2011017786 and further described as follows:
BEGINNING at a found 3/4' square pipe In the North line of the 3.893 acre tract for the
Northwest comer of this tract, which by deed calls bears S 01' 60' 43' W. 374.04 feet and N
88' 07' 59" W. 320.1 feet from the Northeast comer of Section 22;
THENCE S 01'49' 55' W (Texas North Central Zone Bearing Basis), with the West line of a
0.954 acre tract and a 0.799 acre tract. both surveyed the same date, 288.80 feet to a set
1/2' Iron rod with green cap marked RPLS 4460 for the Southeast comer of this tract;
THENCE N 88*08'14" W. with the North line of t00th Street, 211.64 feet to a found 314'
Scala 1'=50' square pipe for the Southwest comer of this tract;
Surveyed For. CMS THENCE N 01'49'18' E, with the West line of the 3.893 acre tract, 288.62 feet to a found
Properties 1/2" Iron rod with yellow cap for the Northwest comer of this tract;
THENCE S 88.11' I E, with the North line of the 3.893 acre tract, 211.59 feet to the
PLACE of BEGINNING and containing 1.402 acres.
Legend
❑ Fd. Square Pipe
® Set 1/2' Rod With Green Cop
® Fd. 1/2' Iron Rod with Yellow Cap
d Power Pole
m-- Overhead Power Una
g2Pe4EgFhe iP
TM. CIES21NSIO
4
44W SUFN °Q Q
J.M. CIESZINSKI, RPLS 0 4460
April 18, 2022
This plot was prepared in substantial compliance
with the requirements for a Category 1A, Condition
II, Land Title Survey, as specified by the Texas
Society of Professional Land Surveyors
Surveyors Report
This Plat Is based on a survey mode on the
ground April 11, 2022.
Monuments shown as found on this survey were
accepted by this surveyor as controlling evidence
due to substantial agreement with Record
Documents.
All found monuments are physical monuments of
record dignity.
No Substantial Discrepancies between Record
Documents and conditions as found on the ground
were uncovered on this survey unless noted.
This plat was prepared without the benefit of a
Title Commitment. Easements and/or Restrictions
other than those shown may apply.
Bearings are based on the Texas North Central
Zone Coordinate System. NAD 83.