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Home My WebLink AboutOrdinance - 2023-O0021 - Zone Case 2538-FF - 03/07/2023First Reading February 28, 2023 Item No. 6.4 Second Reading March 7, 2023 Item No. 6.33 ORDINANCE NO. 2023-00021 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2538-FF; A ZONING CHANGE FROM R-1 TO C-4 ZONING DISTRICT AT 7429 19TH STREET, LOCATED SOUTH OF 19TH STREET AND EAST OF WAUSAU AVENUE, ON 2.5 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 42, 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.2538-FF 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 R-1 to C-4 zoning district at 7429 1911 Street, located south of 19t6 Street and east of Wausau Avenue, on 2.5 acres of unplatted land out of Block AK, Section 42, 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 February 28, 2023 Passed by the City Council on second reading on March 7, 2023 ATTEST: C ey Paz, Acting City cretary Zone Case No. 2538-FF Page - 2 APPROVED AS TO CONTENT: �4 e-YI &40 - Kri/en Sager, Direct of Planning �_: APPROVED AS TO FORM: elli Leisbre, Senior Assistant City Attorney vw/cityatt/Kel li/ZoneCase/ZC2538-FF February 2, 2023 Zone Case No. 2538-FF Page - 3 131=1_ 1IAX LAND SURVEYING ENGINEERING Delta Land Surveying and Engineering, LLC 1310 Jarvis Street Lubbock, TX 79403 806-701-5707 www.deltalbk.com Metes and Bounds description of a 2.51 acre tract of land being the same tract of land described in County Clerk File Number (CCFN) 2021023201, Official Public Records of Lubbock County, Texas (OPRLCT), being out of Section 42, Block AK, Lubbock County, Texas, and being more particularly described as follows: Beginning at a point on the South line of 19th Street for the Northwest corner of that tract described in Volume 7951, Page 246, OPRLCT, and for the Northeast corner of this tract, whence the Northeast corner of said Section 42 bears North, approximately 50.0 feet and East, approximately 2090.0 feet; Thence South, leaving said 19th Street and with the West line of said tract described in Volume 7951, Page 246, a distance of approximately 548.5 feet to a point in the North line of that tract described in Volume 5981, Page 307, Real Property Records of Lubbock County, Texas (RPRLCT), for the Southwest corner of said tract described in Volume 7951, Page 246 and for the Southeast corner of this tract; Thence West, leaving said tract described in Volume 7951, Page 246 and with the North line of said tract described in Volume 5981, Page 307, a distance of approximately 200.0 feet to a point for the Northwest corner of said tract described in Volume 5981, Page 307, for the Northeast corner of that tract described in CCFN: 2016025731, OPRLCT, for the Southeast corner of that tract described in Volume 9028, Page 309, OPRLCT, and for the Southwest corner of this tract; Thence North, leaving said tracts described in Volume 5981, Page 307 and CCFN: 2016025731, and with the East line of said tract described in Volume 9028, Page 309, a distance of approximately 548.5 feet to a point in the South line of said 19th Street for the Northeast corner of said tract described in Volume 9028, Page 309 and for the Northwest corner of this tract; Thence East, leaving said tract described in Volume 9028, Page 309 and with the South line of said 19th Street, approximately 200.0 feet Point of Beginning. Field Notes prepared for zone case purposes only. This does not represent an accurate survey made on the ground. Delta Land Surveying Job No. 23127 February 27, 2023 Texas License Firm Number 10194496 Engineering Firm Number F-22948 ZONE CASE SKETCH P.O.B. ON A 2.51 ACRE TRACT BEING THE SAME TRACT AS DESCRIBED IN FROM THIS POINT, THE COUNTY CLERK FILE NUMBER 2021023201, OFFICIAL PUBLIC NORTHEAST CORNER OF SECTION 42, BLOCK AKK IS RECORDS OF LUBBOCK COUNTY, TEXAS, AND BEING OUT OF 19TH STREET CALLED TO BEAR NORTH, SECTION 42, BLOCK AK, LUBBOCK, TEXAS E-W 200.0' 50.0' AND EAST, 2090.0' I I I I ryab J00y�0 �Q 200 SCALE: 1' = 100' �� QQO 2.1 ACRES 00 �cV�QQ SURVEYED FOR: ? 0• tr, ZONE C-3 A �v I ROSEANNE RODRIGUEZ 0 O V) V) y, o z J I I - — — � I II — — — — — I E - W 2 0 0.0 , — — — — —{ II RECORD OWNER.• SNERWOOD I RECORD OWNER- DE LA CRUZ CCFN.- 20160257JI VOLUME 5981, PAGE J07 I FOR ZONE CASE PURPOSES ONLY. THIS DOES NOT REPRESENT A TRUE AND DELTA LAND SURVEYING, LLC ACCURATE SURVEY ON THE GROUND FIRM# 01194496 DELTA ENGINEERING. NGIN EERING. LLC FIRM # F-22948 1310 JARVIS STREET ;.ram• LUBBOCK. TX 79403 808-701-5707 DELTAp WWWDELTALBK.COM DRAFTED BY: 1N REV BY: 1N