HomeMy WebLinkAboutOrdinance - 2019-O0006 - Zone Case 3368 - 01/22/2019First Reading Second Reading
January 10,2019 January 22,2019
ItemNo.7.11 ItemNo.9.11
ORDINANCE NO.2019-00006
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES:ZONE CASE NO.3368;A ZONING CHANGE FROM
R-l AND C-4 TO R-2 AND A-l ZONING DISTRICT AT 2001-2023 EAST MAIN
STREET AND 2109, 2111, 2113, 2115, 2117,2119,2121 AND 2123 EAST
BROADWAY,AT THE NORTHWEST AND NORTHEAST CORNERS OF
WALNUT AVENUE AND EAST MAIN STREET,AND AT THE NORTHWEST
CORNER OF WALNUT AVENUE AND EAST BROADWAY,CD.ELLISTON
ADDITION,BLOCK 3,LOTS 1-12 AND 16-24 AND BLOCK 3,LOTS 1-24,
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 Interim 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 Interim 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.3368
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 and C-4 to R-2 and A-1 zoning
district at 2001-2023 East Main Street and 2109, 2111, 2113, 2115, 2117, 2119,
2121 and 2123 East Broadway, at the northwest and northeast corners of
Walnut Avenue and East Main Street, and at the northwest corner of Walnut
Avenue and East Broadway, C.D. Elliston Addition, Block 3, Lots 1-12 and
16-24 and Block 3, Lots 1-24, City of Lubbock, Lubbock County, Texas.
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 January 10, 2019
Passed by the City Council on second reading on January 22, 2019
ATTEST:
Re e ca Garza, City Seer ary
DANIEL M. POPE, MAYOR
Zone Case No. 3368
page - 2 of 2
APPROVED AS TO CONTENT:
AJ Fawver, Director of Planning
APPROVED AS TO FORM:
Ct�
Kelli Leisure, Assistant City Attorney
vw/cityatt/Kel I i/ZoneCase/ZC3368
December 4, 2018
Zone Case No. 3368
page - 3 of 2
HUGO REED AND ASSOCIATES, INC.
-� -- 1601 AVENUE N I LUBBOCK, TEXAS 79401 f 8061763-5642 / FAX 8061763-3891
--- _ - TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of an approximate 4.9 acre tract of land being a portion of Blocks 2 and 3,
C.D. Elliston Addition and portions of the adjacent streets and alley rights -of -way, being further described as
follows:
BEGINNING at a point in the centerline of Ute Avenue, for the Southwest corner of this tract which bears East an
approximate distance of 1319.9 feet and N. 00°15'44" W. an approximate distance of 200.0 feet from the Southwest
corner of the North half of Section 4 Block O, Lubbock County, Texas;
THENCE N. 00°15'44" W., along the centerline of said Ute Avenue, an approximate distance of 322.0 feet to the
Northwest corner of this tract;
THENCE East, at approximately 25.0 feet pass the East right-of-way line of said Ute Avenue, at approximately
637.6 feet pass the West right-of-way line of Walnut Avenue continuing for a total approximate distance of 662.6
feet to a point in the centerline of said Walnut Avenue for the Northeast corner of this tract;
THENCE South, along the centerline of said Walnut Avenue an approximate distance of 322.0 feet to the
Southeast corner of this tract;
THENCE West, at approximately 25.0 feet pass the West right-of-way line of said Walnut Avenue, at approximately
636.1 feet past the East right-of-way line of Ute Avenue, continuing for a total distance of 661.1 feet to the Point of
Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY.
Prepared for George Castillo
October 18, 2018
LAND SURVEYORS
CIVIL ENGINEERS
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N / LUBBOCK, TEXAS 79401 / 8061763-5642 1 FAX 806/763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of an approximate 2.2 acre tract of land being a portion of Block 3, C.D.
Elliston Addition and portions of the adjacent streets and alley rights -of -way, being further described as follows:
BEGINNING at a point in the South line of the North half of Section 4, Block O, for the Southwest corner of this
tract, which bears East approximately 1505.2 feet from the Southwest corner of the North half of said Section 4;
THENCE North, at approximately 50.00 feet pass the Southeast corner of Lot 15, Block 3, C.D. Elliston Addition
and the North right-of-way line of East Broadway, continuing along the Eastern boundary of said Lot 15, an
approximate total distance of 200.0 feet to a point in the South line of a 15 foot alley at the Northeast corner of said
Lot 15 for the Northwest corner of this tract;
THENCE East, along the South line of said 15 foot alley, at approximately 450.0 feet pass the West right-of-way
line of Walnut Avenue, continuing for an approximate total distance of 475.0 feet to a point in the centerline of said
Walnut Avenue for the Northeast corner of this tract;
THENCE South, along the centerline of said Walnut Avenue, at approximately 150.0 feet pass the North line of said
East Broadway continuing for an approximate total distance of 200.0 feet to a point in the South line of the North
half of said Section 4 for the Southeast corner of this tract;
THENCE West, along the South line of the North half of said Section 4, an approximate distance of 475.0 feet to
the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY.
Prepared for George Castillo
October 18, 2018