HomeMy WebLinkAboutOrdinance - 2023-O0050 - Zone Case 3481 - 05/09/2023First Reading
April 25, 2023
Item No. 7.9
ORDINANCE NO. 2023-00050
Second Reading
May 9, 2023
Item No. 6.28
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO.3481; A ZONING CHANGE FROM
T TO C-3 ZONING DISTRICT AT 11112 MILWAUKEE AVENUE, LOCATED
WEST OF MILWAUKEE AVENUE AND SOUTH OF 110TH STREET, ON 14.9
ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 22,
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.3481
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 11112
Milwaukee Avenue, located west of Milwaukee Avenue and south of 11011
Street, on 14.9 acres of unplatted land out of Block AK, Section 22, 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:
Zone Case No. 3481
Page - 2
APPROVED AS TO CONTENT:
Kristen Sager, Director of Planning
APPROVED AS TO FORM:
A41 A
elli Leisure, Senior Assistant City Attorney
vwlc ityatt/Kel I VZoneCase/ZC3481
April 6, 2023
Zone Case No. 3481
Page - 3
13121 i AX
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 14.90 acre tract of land being the same tract of land described in
County Clerk File Number (CCFN) 2022013230, Official Public Records of Lubbock County, Texas
(OPRLCT), being out of Section 22, Block AK, Lubbock County, Texas, and being more particularly
described as follows:
Beginning at a point in the North line of that 16.94 acre tract described in CCFN: 2010018344, OPRLCT,
and in the West Right of Way line of Milwaukee Avenue, described in CCFN: 2013049205, OPRLCT, for
the Southeast corner of this tract, whence the Southeast corner of said Section 22 is called to bear
S01°50'21"W, approximately 804.8 feet and S88°09'52"E, approximately 55.0 feet;
Thence N88°09'52"W, leaving said Milwaukee Avenue and with the North line of said 16.94 acre tract,
860.9 feet to a point for the Southeast corner of that 15.60 acre tract described in CCFN: 2015037402,
OPRLCT, and for the Southwest corner of this tract;
Thence N01°50'21"E, leaving said 16.94 acre tract and with the East line of said 15.60 acre tract, 754.1
feet to a point in the South Right of Way line of 110th Street described in Volume 1237, Page 531, Deed
Records of Lubbock County, Texas (DRLCT), for the Northwest corner of this tract;
Thence S88°09'52"E, leaving said 15.60 acre tract and with the South Right of Way line of said 110th
Street, 860.9 feet to a point in the West Right of Way line of said Milwaukee Avenue for the Northeast
corner of this tract;
Thence S01°50'21"W, leaving said 110th Street and with the West Right of Way line of said Milwaukee
Avenue, approximately 754.1 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. 23032
February 27, 2023
Texas License Firm Number 10194496
Engineering Firm Number F-22948