HomeMy WebLinkAboutOrdinance - 2019-O0104 - ZC 3388 - 08/13/2019First Reading
July 23, 2019
Item No. 7.4
ORDINANCE NO. 9-n1 9 -nn t n4
Second Reading
August 13, 2019
Item No. 7.8
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3388; A ZONING CHANGE TO R-2
FROM R-1 ZONING DISTRICT AT 7401 4TH STREET, LOCATED AT THE
SOUTHEAST CORNER OF WAUSAU AVENUE AND 4TH STREET, ON 7.5
ACRES OF UNPLATTED LAND OUT OF BLOCK D-6, SECTION 1, 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 Cit). 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. 3388
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 to R-2 from R-1 zoning district at 7401 4th
Street, located at the southeast corner of Wausau Avenue and 4th Street, on
7.5 acres of unplatted land out of Block D-6, Section 1, 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 July 23, 2019
Passed by the City Council on second reading on Augu s� t 13, 2019
ATTEST:
Rebe ca Garza, City Secre ary
JEFTq3R11FFI
Zone Case No. 3388
page -2of2
APPROVED AS TO CONTENT:
Krist n Sager, Interim Pia ng Director
APPROVED AS TO FORM:
lli Leisure, Assistant City Attorney
vw/cityatt/Kel l ifZoneCase/ZC3 388
July 2, 2019
Zone Case No. 3388
page - 3 of 2
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HU130 FEED AND ASSOCIATES, INC.
F1601 AVENUE N I LUBBOCK. TEXAS 76401 18061763-5642 1 FAX 6061763.1561
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEVING FIRM 100676.00
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of an approximate 7.5 acre tract of land located in Section 1, Block D-6,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the West right-of-way line of Valencia Avenue for the Northeast corner of this tract which
bears West an approximate distance of 1378.6 feet and South an approximate distance of 55.0 feet from the
Northeast corner of Sectionl, Block D-6;
THENCE South, along said West right-of-way tine, an approximate distance of 220.0 feet to the Northeast comer of
a 0.0574 acre tract of land owned by the City of Lubbock and the most Easterly Southeast corner of this tract;
THENCE West, along the Northem boundary of said 0.0574 acre tract, an approximate distance of 50.0 feet to the
Northwest corner of said tract and an "ell" corner of this tract;
THENCE South, along the Western boundary of said 0.0574 acre tract. an approximate distance of 50.00 feet to
the Southwest comer of said tract and the most Southerly Southeast corner of this tract;
THENCE West, at approximately 748.0 feet pass the East corner of a 20 foot alley, continuing along the North line
of said alley, for a total approximate distance of 1178.9 feet to a point in the East right-of-way line of Wausau
Avenue for the Southwest comer of this tract;
THENCE North, along said East right-of-way line, an approximate distance of 20.0 feet;
THENCE N. 01 °58'14' E.. continuing along said East right-of-way line, an approximate distance of 150.1 feet;
THENCE North, continuing along said East right-of-way line, an approximate distance of 69.9 feet to a point of
curvature at the most Westerly Northwest comer of this tract;
THENCE Northeasterly, continuing along said East right-of-way line, along a curve to the right, said curve having
an approximate radius of 30.0 feet, a central angle of 90°, approximate tangent lengths of 30.0 feet, an approximate
chord distance of 42.4 feet and a chord bearing of N. 45" E. to a point of tangency at the most Northerly Northwest
corner of this tract, being approximately 55,0 feet South of the North line of said Section 1;
THENCE East, approximately 55.0 feet South of and parallel to the North line of said Section 1, an approximate
distance of 1193.7 feet to the Point of Beginning.
Contains approximately 328,400 square feet
PREPARED FOR ZONE CHANGE PURPOSES ONLY. DOES NOT REPRESENT A SURVEY.
Prepared for Prudential Enterprises LLC
May 28, 2019