HomeMy WebLinkAboutOrdinance - 2023-O0053 - Zone Case 3479 - 05/09/2023First Reading
April 25, 2023
Item No. 7.12
ORDINANCE NO. 2023-00053
Second Reading
May 9, 2023
Item No. 6.31
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO.3479; A ZONING CHANGE FROM
T TO C-4 ZONING DISTRICT AT 2769 NORTH FRANKFORD AVENUE,
LOCATED WEST OF NORTH FRANKFORD AVENUE AND NORTH OF
URSULINE STREET, ON 10.046 ACRES OF UNPLATTED LAND OUT OF
BLOCK JS, SECTION 12, 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.3479
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-4 zoning district at 2769 North
Frankford Avenue, located west of North Frankford Avenue and north of
Ursuline Street, on 10.046 acres of unplatted land out of Block JS, Section 12,
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 ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City
of Lubbock.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on
April 25, 2023
Passed by the City Council on second reading on May 9, 2023
Courtney Paz,
Secretary
Zone Case No. 3479
Page - 2
APPROVED AS TO CONTENT:
Itristen Sager, Director of Planning
APPROVED AS TO FORM:
Hi Leisure, Senior Assistant City Attorney
vw/cityatt/Kel l i/ZoneCase/ZC3479
April 6, 2023
Zone Case No. 3479
Page - 3
EXHIBIT "A"
FIELD NOTESqn a 18.046 acre tract out of Section 1% Block &,Abstract Number 1350, Lubbock County,
Texas and further described bymetcs and bounds as follows:
BEGiNN1NG at a found 1/2" iron rod having Tema North Central Zone Coordinates of North: 729179&"1 East:
0215SL47 (NAW83) for the Southeast corner of this tract from which the Southeast corner of Section 12, Block JS
is caned to bear S 00*OW34" W,1843.6 feet and S 89055'26" E, 60 feet;
THENC1t N 8$°09'03" W (Texas North Central Zone Bearing Basis), a dunce of 959.98 feet to a founnd 3/4" iron
pipe for the Southwest corner of this tract;
THENCE N 01045,04" E, a distance of 455.92 feet to a found 1%2" iron rod for the Northwest corner of this tract;
THENCE S 88008'2T' E, a distance of 960.06 feet to a found 1/2" iron rod for the Northeast corner of this tract;
THENCE S 01045'42 W, along the West Right -of --Way lice of North Frankford Avenue (F.M, 2528), a distance
of 455.75 feet to ttib PLACE OF BEGMING and Containing 10.046 acres.
NOTE: The Company is prohibited from insuring the area or gaantky of land described herein. Any statement
in the above legal descriptions of area or quantity of land is not a representation that such area or quantity is
correct, but is made only for informational purposes and/or identification purposes and does not override Item 2
of Schedule B hereof.