HomeMy WebLinkAboutOrdinance - 2023-O0052 - Zone Case 2538-HH - 05/09/2023First Reading
April 25, 2023
Item No. 7.11
ORDINANCE NO. 2023-00052
Second Reading
May 9, 2023
Item No. 6.30
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2538-HH; A ZONING CHANGE
FROM R-1 TO R-2 ZONING DISTRICT AT 2513 INLER AVENUE, LOCATED
SOUTH OF 19TH STREET AND EAST OF INLER AVENUE, ON 95.58 ACRES
OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 41, 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-HH
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 R-2 zoning district at 2513 Inler
Avenue, located south of 19th Street and east of Inler Avenue, on 95.58 acres
of unplatted land out of Block AK, Section 41, 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
ATTEST:
Courtney Paz,
Zone Case No. 2538-HH
Page - 2
APPROVED AS TO CONTENT:
Kristen Sager, Director of Planning
APPROVED AS TO FORM:
elli Leisure, Senior Assistant City Attorney
vw/cityatt/Kell i/ZoneCase/ZC2538-HH
April 6, 2023
Zone Case No. 2538-HH
Page - 3
cii * AMD ENGINEERING, LLC
Rezone to R-2
METES AND BOUNDS DESCRIPTION of a 95.58 acre (4,337,903 SF) tract of land
located in Section 41, Block AK, City of Lubbock, Lubbock County, Texas, prepared for
Zone Change Purposes only and being further described as follows:
BEGINNING at a point in which bears S 01 °51' 15" W approximately 2,222.84' and
S 88°08'54" E approximately 360.45' from the southwest corner of Section 41, Block
AK;
THENCE S 88008'54" E an approximate distance of 907.91 feet;
THENCE N 01 053'03" E an approximate distance of 913.96 feet;
THENCE S 88004' 18" E an approximate distance of 1266.11 feet;
THENCE S 01 055'39" W an approximate distance of 2726.73 feet;
THENCE N 70017'26" W an approximate distance of 2280.94 feet;
THENCE N 01051'26" E an approximate distance of 1115.00 feet to the Point of
Begginning and containing approximately 95.58 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Betenbough Homes
February 24, 2023