HomeMy WebLinkAboutOrdinance - 2023-O0063 - Zone Case 3003-H - 06/13/2023First Reading
May 23, 2023
Item No. 6.3
Second Reading
June 13, 2023
Item No. 5.45
ORDINANCE NO. 2023-00063
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3003-H; A ZONING CHANGE
FROM R-1 SPECIFIC USE FOR REDUCED SETBACKS TO C-2 ZONING
DISTRICT GENERALLY LOCATED NORTH OF 107TH STREET AND EAST OF
MILWAUKEE AVENUE, ON 0.3 ACRES OF UNPLATTED LAND OUT OF
BLOCK AK, SECTION 21, 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.3003-H
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 Specific Use for Reduced Setbacks
to C-2 zoning district generally located north of 107" Street and east of
Milwaukee Avenue, on 0.3 acres of unplatted land out of Block AK, Section
21, 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 May 23, 2023
Passed by the City Council on second reading on June 13, 2023
AT EST:
C ney Paz, City Secr tary
TRAP NE, MAYOR
Zone Case No. 3003-H
Page - 2
APPROVED AS TO CONTENT:
Kriften Sager, DirectorAf Planning
APPROVED AS TO FORM:
te&lliLei,suhre, 2eniqortA?sts2i-stantCity Attorney
vw/cityatt/Kel I i/ZoneCase/ZC3003-H
May 4, 2023
Zone Case No. 3003-H
Page - 3
PROPOSED ZONING
LOCATED IN SECTION 21, BLOCK AK
NOT PLATTED EXISP11I G /C
Land Owner FotMom Hills, L.P.
( CCFN 2006035435 J R - I ONING
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S88°09'1YE 328.0'
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PROPOSED C-2 ZONING
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N88°09'15"W 328.0'
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POINT OF BEGINNING
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THIS POINT BEARS N01"50'45"E AN APPROXIMATE
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DISTANCE OF 3,149.7- AND S88-09-15-E AN
APPROXIMATE DISTANCE OF 55 00 FROM THE
SOUTHWEST CORNER OF SECTION 21, BLOCK AK
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( CCFN 2006035435 )
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TRACT 'A
PRELIMINARY, THIS DOCUMENT SHALL
NOT BE RECORDED FOR ANY PURPOSE.
THIS DOCUMENT IS RELEASED FOR
REVIEW PURPOSES ONLY.
RELEASE DATE: March 30, 2023
LAND SURVEYORS
CIVIL ENGINEERS
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N / LUBBOCK, TEXAS 78401 1 8061763-56421 FAX 8061763-3881
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676.00
EXHIBIT "A"
PROPOSED C-2 ZONING
METES AND BOUNDS DESCRIPTION of an approximate 0.3 acre tract of land located in Section 21, Block AK,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the East line of Milwaukee Avenue as described under County Clerk File Number (CCFN)
2010017493, Official Public Records of Lubbock County, Texas (OPRLCT), for the Southwest corner of this tract,
which bears N. 01050'45" E. an approximate distance of 3,149.7 feet and S. 88*09'15" E. an approximate distance
of 55.00 feet from the Southwest corner of Section 21, Block AK, Lubbock County, Texas;
THENCE N. 01°50'45" E. along said East right-of-way line, an approximate distance of 42.8 feet to a point for the
Northwest corner of this tract;
THENCE S. 88009'15" E., an approximate distance of 328.0 feet to a point in the West line of a 20 foot alley,
dedicated by plat recorded under CCFN 2015015280, OPRLCT, for the Northeast corner of this tract;
THENCE S. W50'45" W. along the West line of said 20 foot alley, an approximate distance of 42.8 feet to a point
for the Southeast corner of this tract;
THENCE N. 88009" 5" W. and approximate distance of 328.0 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.
Prepared for Carl Mortensen
March 30, 2023