HomeMy WebLinkAboutOrdinance - 2023-O0031 - Zone Case 3256-A - 04/11/2023First Reading
March 21, 2023
Item No. 7.7
Second Reading
April 11, 2023
Item No. 7.6
ORDINANCE NO. 2023-00031
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3256-A; A ZONING CHANGE
FROM R-1 TO C-1 ZONING DISTRICT AT 6224 34TH STREET, LOCATED
NORTH OF 34TH STREET AND WEST OF IOLA AVENUE, ON 9.55 ACRES OF
UNPLATTED LAND OUT OF BLOCK AK, SECTION 44, 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.3256-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 R-1 to C-1 zoning district at 6224 3411
Street, located north of 34t' Street and west of Iola Avenue, on 9.55 acres of
unplatted land out of Block AK, Section 44, 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 March 21, 2023
Passed by the City Council on second reading on April 11, 2023
ATTEST:
Paz, Interim
- a
TRAY , MAYOR
Zone Case No. 3256-A
Page - 2
Sager, Director bf Planning
APPROVED AS TO FORM:
Well1isure, Senior Assistant City Attorney
vw, cityatt/KellvZoneCase1ZC3256-A
March 2, 2023
Zone Case No. 3256-A
Page - 3
[AMD]
AMD ENGINEERING, LLC
DESCRIPTION FOR A ZONING CHANGE REQUEST IN
SECTION 44, BLOCK AK,
LUBBOCK COUNTY, TEXAS
(Sheet 1 of 2, Sketch of tract attached as Sheet 2)
METES AND BOUNDS DESCRIPTION of a 9.55-acre tract of land located in Section 44, Block
AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further
described as follows:
BEGINNING at a point in which bears N 88' 08' 27" W an approximate distance of 3011.64 feet
and N 01° 51' 33" E an approximate distance of 53.56' from the southeast corner of Section 44,
Block AK, Lubbock County, Texas.
THENCE N 010 52' 09" E an approximate distance of 793.45 feet;
THENCE N 880 07' 51" W an approximate distance of 922.72 feet;
THENCE S 01" 45' 00" W an approximate distance of 200.23 feet;
THENCE S 880 08' 26" E an approximate distance of 532.54 feet,
THENCE S 010 51' 34" W an approximate distance of 593.38 feet;
THENCE S 880 08' 26" E an approximate distance of 389.66 feet to the Point of Beginning and
containing approximately 9.55-acres.
This description was prepared for purposes of a zoning request and does not represent a
survey made upon the ground.
Prepared for: Marvin Crossnoe
January 26, 2023
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ZONE CHANGE APPLICATION
EXHIBIT
A 9.55 ACRE TRACT OF LAND
LOCATED IN SECTION 44,
BLOCK AK, LUBBOCK COUNTY,
TEXAS
N01E5:
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VICINITY MAP
SCALE.1
0 109 2 400'