HomeMy WebLinkAboutOrdinance - 2023-O0064 - Zone Case 2538-II - 06/13/2023First Reading
May 23, 2023
Item No. 6.4
ORDINANCE NO. 2023-00064
Second Reading
June 13, 2023
Item No. 5.46
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2538-II A ZONING CHANGE
FROM R-1 TO M-1 ZONING DISTRICT GENERALLY LOCATED SOUTH OF
19TH STREET AND WEST OF FAIRBANK AVENUE, ON 3.22 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-II
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 M-1 zoning district generally
located south of 191h Street and west of Fairbank Avenue, on 3.22 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 May 23, 2023
Passed by the City Council on second reading on June 13, 2023
TRAY PAYNE, MAYOR
ATT ST:
Court ey Paz, City Secr Aa
Zone Case No. 2538-11
Page - 2
APPROVED AS TO CONTENT:
Sager, Dfrecto� f Planning
VED AS TO FORM:
PelliLeisu*re,Senior Assistant City Attorney
vwlcityatt/Kel I i/ZoneCase1ZC2538-11
May 5, 2023
Zone Case No. 2538-11
Page - 3
Northwest Comer
105.3 Aas Tract
Northwest corner
Highway 114 (19th Street)
Black Is�Cdled4te .or 130' R—O—W Strip paved Edge of
S 89'S6'41', 1269.9' S B8 11'10` E 226.01' Paving
dk North, 65.0'
N8QL. 10` W
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(Not To Scale) J
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N:7274678.77
a ve a,
E.901814,15
; j' 43
e
a D 2
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S W 11'04' E
o r50.00' — —
y �6.3,
4.1 20' unpaved
Allay
3.220 Acres c
No Address Visible On Site M
# Jg
No lmprovemsnts
Plat and field Notes on a
3.220 Acre Tract out of Section 41, Block AK,
Lubbock County, Texas.
FIELD NOTES on a 3.22D acre tract out of the 105.3 acre Vact described in Volume
1886, Page 51 S. Lubbock County Real Property Records, (LCRPR), and out of
Section 41. Block AK. Lubbock County. Texas beblg further described by metes
and bounds as follows.
BEGINNING at a found 1/2' Iron rod with green cap marked RPLS 4460
(hereinafter referred to Abacus Cap) having Texas North Central Zone Coordmetes
of North: 7274678.77, East 901814.15 (NAD 83) for the Northeast comer of the
4.735 acre tract described In Lubbock County Clerk File Number (CCFN)
2021044248. from which the Northeast corner of the 105.3 acre tract bears N
88*11'10' W (Texas North Central Zone Bearing Basis), 601.00 feet from which the
Northwest caner of Section 41 is called to bear S 89.5G41' W, 1269.9 feet and
North. 65.0 feet for the Northwest comer of this tract;
THENCE S 8611'10' E. along the South Eno of 19M Street, 226.01 feet to a found
V2' iron rod with yellow leap for the most Norftrty Northeast comer of this tract;
THENCE S 011501M W. sk>ng the West fine of Fairbank Avenue, 229.87 foet to a
found 1/2' from rod for an all comer of this tract
THENCE S 88'11T4' E. a distance of 50.00 feet to a set Abacus Cap for the most
Easterly Northeast comer of this Iract
THENCE S 01'4WSW W, a distance of 320.12 feet to a set Abaci Cap fa the
Southeast corder of this tract;
THENCE N 88*11'10' W. a distance of 275.89 feet to a found Abacus Cap for the
Soulhvrest corner of this tract
THENCE N 01'48'SO' E, along the East line of the 4.735 acre tract, 550.00 feet to
the PLACE OF BEGINNINNG and containing 3.220 acres.
O
H
O Fd. 1/2' Rod IMIth Yellow Cap
❑ Fd. I/2' Iron Rod
._ O Fd. 1/2' Rod WIN Green Cap
N BVIV10' W 275.89' (Marked RPLS 4460)
Parent Tract 0 Set 1/2' Rod With Gram Cop
CCFN: 201401449 (Marked RPLS 4460)
Stale: 1'-100'
-0O Power Palo
— a— Overhead Power Line Surveyed For.
Wastor CommerYlsl
---o----- 5' Wood Ferree WIN Rey
Wrought Iran
SWOOROINATEASKTIONROCKMockAKt mion 41%Ttc fast of Trc tl Seu1 SAUdwg.9/9/M &4LMAM
Surveyor's Report
This Pkit is based on a survey made on the
ground September 2, 2022.
Monuments shorn as found on this survey were
accepted by this surveyor oa aentrdGng evidence
due to subetenNal o"ment with Record
Documents and are not considered as Monuments
of Record Dignity unless so noted
No Substantial Disereponciee between Record
Documents and condltlons as found on the ground
were uncovered on this survey unless noted.
This plat was prepared without the benefit of a
Title Commitmurt. Easements and/or Restrictions
other then those shown may apply.
Bearings and coordinates we based on the Texas
North Control Zane Coordinate System. NAD E3.
(Address Not Observed On Site)
1 1
1
J.M. CIESZINSIO. RPLS 0 4460
PLAT SHOWN AS SURVEYED ON THE
GROUND
September 9, 2022