HomeMy WebLinkAboutOrdinance - 2022-O0182 - Zone Case 3474 - 01/10/2023First Reading
December 13, 2022
Item No. 6.9
Second Reading
January 10, 2023
Item No. 5.35
ORDINANCE NO. 2022-00182
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO.3474; A ZONING CHANGE FROM
T TO C-3 ZONING DISTRICT AT 6425 98TH STREET, LOCATED SOUTH OF
98TH STREET AND EAST OF MILWAUKEE AVENUE, ON 8.315 ACRES OF
UNPLATTED LAND OUT OF BLOCK AK, SECTION 21, 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.3474
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 6425 981h
Street, located south of 9811 Street and east of Milwaukee Avenue, on 8.315
acres of unplatted land out of Block AK, Section 21, 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 December 13, 2022
Passed by the City Council on second reading on January 10, 2023
ATTEST:
Rebe ca Garza, City kcr tary
APPROVED AS TO CONTENT:
Kri ten Sager, Directo of Planning
APPROVED AS TO FORM:
V,
elli Leisure, Assistant City Attorney
vw/cityatt/Kelli ZoneCase/ZC3474
December 1, 2022
TRAY PAYW MAYOR
Zone Case No. 3474
Page - 2
Plat and Field Notes on a
8.315 Acre Tract out of Section 21, Block AK,
Lubbock County, Texas
Scale: I'm 100'
Surveyed For: CMS
/— Northwest Corner Section 21, Block AK
/ — 98th Street
PartioFly Poved Adjacent 0_
�dication � —
CCFN 2010027687 _
� Edge of Poving
)# S 18'00'04' E 564.9
FIELD NOTES on an 8.315 acre tract out of the 10.0 acre tract described in Volume 9879. Page 36. Lubbock
County Official Public Records, and out of Section 21. Block AK Lubbock County. Texas and being further
described by metes and bounds as follows.
BEGINNING at a set Mag Spike with washer marked ABACUS ENG RPLS 4460 for the Southeast corner of
the 10.0 acre and the Southeast comer of this tract, from which the Northwest comer of Section 21 bears N
01' 50' 44' E (Texas North Central Zone Bearing Basis), 660.00 feel and N 88' 00' 04' W, 660.00 feet;
THENCE N 88'00'04' W, with the South line of the 10.0 acre tract, 605.00 feet to a set 112' iron rod with
green cap marked RPLS 4460. hereinafter referred to as Abacus Cap, in the East Right of Way line of
Milwaukee Avenue for the Southwest corner of [his tract;
THENCE for this and the following two calls with the East Right of Way line of Milwaukee Avenue, N
01'50'44" E. 166.97 feel to a set Abacus Cap for a comer of this tract:
THENCE N 04'42'18' E, 200.26 feet to a set Abacus Cap for a corner of this tract
rc 65'
10"
42.48' N 46'55' 18" E
THENCE N 01'50'44' E. 207.92 feet to a found nail for the most Westerly Northwest comer of this tract;
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W
;
THENCE N 46'55'18' E, 42.48 feel to a found rod with Yellow cap
Y p for the most Northerly Northwest comer of
I this tract, Y
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lgg
•ohN
Iwasher
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I THENCE S 88'00'04' E. with the South Right of Way line of 98th Street, 564.90 feet to a set Mag Spike with
for [tie Northeast comer of this tract;
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V . 31 5 ,4 e r e s
I THENCE S 01'50'44° W. with the West line of Kline Avenue, as shown by the plat recorded In CCFN
a I c
31 o a
I 2018014341, and [tie East line of the 10.0 acre tract, a distance of 605.00 feet to the PLACE of BEGINNING
and containing 8.315
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acres including any Right of way.
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@ Fd. Rod with Yellow Copo
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Set Mog Spike and Washer
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Bench Mark Box on TC
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Sign
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or water Valve
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55'
O Manhole Edge of Paving 1.6'
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LlghtPole on Subject Property
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Surveyors Report
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This Plat is based on o survey mode on the ground
February 24, 2021.
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Monuments shown as found on this survey were accepted
by this surveyor as controlling evidence due to
substantial agreement with Record Documents.
In
I (
N 88'00'04
No Substantial Discrepancies between Record Documents
- and conditions as found on the ground were uncovered
W 805.00'
on this survey unless noted.
I I I
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PO572�1172
Original Parent Tract Nf0.78
L
Bearings and coordinates are based on the Texas North
Central Zone Coordinate System. NAD 83, 2011, Epoch
CCFN 2006035435
578.39
— 2010.0000.
S.\COORDINATES\SECTIONBLOCK\Bkrck AK\SECTION 21\10 Acre
Tract NEC Sec21 61kAK CMS.dwg• 2/26/2021 1 13.36 PM. SHARP Mx-230ON PCL61
lxl7.pc3
J.M. CIESZINSKI, S IY 4460
PLAT SHOWN AS SURVEYED ON THE
GROUND
February 25, 2021