HomeMy WebLinkAboutOrdinance - 2023-O0078 - Zone Case 3484 - 07/11/2023First Reading
June 27, 2023
Item No. 7.6
ORDINANCE NO. 2023-00078
Second Reading
July 11, 2023
Item No. 5.21
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3484; A ZONING CHANGE FROM
T TO IHC ZONING DISTRICT GENERALLY LOCATED EAST OF UPLAND
AVENUE AND NORTH OF 130TH STREET, ON 26.26 ACRES OF UNPLATTED
LAND OUT OF BLOCK AK, SECTION 19, 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 ffteen (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. 3484
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 IHC zoning district generally
located east of Upland Avenue and north of 130th Street, on 26.26 acres of
unplatted land out of Block AK, Section 19, 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 No1100
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 June 27, 2023
Passed by the City Council on second reading on July 11, 2023
C
TRA PAY , MAYOR
A TEST:
Courtney Paz, City Se tary
Zone Case No. 3484
Page - 2
APPROVED AS TO CONTENT:
Kri ten ager, Direct r of Planning
APPROVED AS T FORM:
elli Leisure, Senior Assistant City Attorney
vwlcityatUKel l ilZoneCaselZC3484
June 1, 2023
Zone Case No. 3484
Page - 3
FIELD NOTES FOR TWO (2) TRACTS BEING A TOTAL OF 2&26-ACRES OUT OF THE SOUTHWEST
QUARTER (S!W 4) OF SECTION 19,BLOCK A-K, ABSTRACT 265. LU BBOCK COUNTY, TEXAS
TRACTI
BEING 2.05-ACRES OUT OF A 7.83-ACRE TRACT LOCATED IN SAID SECTION 19 AND CONVEYED TO
LSJ THOMPSON I.I.C. INSTRUMENT NUMBER 201601OD73 OF THE OFFICIAL PUBLIC RECORDS OF
LUBBOCK COUNTY (OPRLC), AND FURTHER DESCRIBED BY METES & BOUNDS AS FOLLOWS:
BEGINNING IN THIN APPROXIMATE CENTERLINE OF UPLAND AVENUE, AND BEING IN THE WEST
LINE OF SAID SECTION 19, AND BEING THE NORTWEST CORNER OF SAID 7.83-ACRE TRACT, AND
THE WESTERNMOST SOUTHWEST CORNER OF A MN THOMPSON HEM LLC. TRACT INSTRUMENT
2011043759 OPRLC, FROM WHICH THE CALCULATED SOUTHWEST (Sm) CORNER OF SAID SECTION
19 BEARS SOP°5T47"W A DISTANCE OF 1058.76;
THENCE SS8` I F35"E ALONG THE COMMON BOUNDARY OF SAID MN THOMPSON TRACT A
DISTANC E OF 650.98' TO A POINT BEING THE NORTHEAST CORNER OF SAID 7.83-ACRE TRACT, THE
NORTHEAST CORNER OF THIS TRACT, AND AN INTERIOR ELL OF SAID MN THOMPSON TRACT;
THENCE SOP°55'26"W ALONG THE COMMON BOUNDARY OF SAID MN THOMPSON TRACT A
DISTANCE OF 175.97' TO A POINT IN THE EAST LINE OF SAID 7.83-ACRE TRACT;
THENCE THROUGH THE INTERIOR OF SAID 7.83-ACRE TRACT, AND ALONG THE PROPOSED
RIGHT-OF-WAY LINE OF LOOP 88 FOR THE FOLLOWING EIGHT (8) CALLS;
1. WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 149.2 P, WITH A RADIUS OF
8042AW, WITH A CHORD BEARING OF N 85`4502" W, WITH A CHORD LENGTH OF 149.20' TO A POINT;
2. N83'59'2W'W A DISTANCE OF 107.9P TO A POINT;
3. N06'00'40'T A DISTANCE OF 14.OW TO A POINT;
4. N83'59lW W A DISTANCE OF 47.44Y TO A POINT,
5. N86017'00W A DISTANCE OF 265.96 TO A POINT;
6. N42012'28"W ADISTANCE OF 21.6PTO A POINT;
7. NO105 P5l'E A DISTANCE OF 11 LOP TO A POINT;
6, N88'08'09"W A DISTANCE OF 71.56' TO A POINT IN THE WEST LINE OF SECTION T 9, AND ALSO
IN THE WEST LINE OF SAID SECTION 19;
THENCE NOl'5547'lE ALONG THE WEST SECTION LINE OF SAID SECTION 19 A DISTANCE OF 9.03' TO
THE POINT OF BEGINNING AND CONTAINING 2.05-ACRES MORE OR LESS,
TRACT 2:
BEING 24.26ACRES OUT OF THE REMAINDER TRACT CONVEYED TO MN THOMPSON HEM LLC.
INSTRUMENT NUMBER 2011043758 OPRLC, AND BEING FURTHER DESCRIBED BY THE METES &
BOUNDS AS FOLLOWS:
BEGINNING IN THE APPROX615ATE CENTERLINE OF UPLAND AVENUE, AND BEING IN THE WEST
LINE OF SAID SECTION 19, AND BEING THE NORTWEST CORNER OF SAID 7.83-ACRE TRACT, AND
THE WESTERNMOST SOUTHWEST CORNER OF A MN THOMPSON HEMS LLC. TRACT INSTRUMENT
2011043759 OPRLC, FROM WHICH THE CALCULATED SOUTHWEST (SM CORNER OF SAID SECTION
19 BEARS SOl°55'47"W A DISTANCE OF 1058.76;
THENCE NOI'55'47'T ALONG THE SAID SECTION 19 WEST LINE A DISTANCE OF 531.74' TO A FOUND
`MA G'NAIL WIWASHER"HRA"IN THE APPRD XIM.ATE CENTER OF UPLAND AVE, AND BEING THE
NORTHE.RMOST NORTHWEST CORNER OF THIS TRACT, ALSO BEING THE SOUTHWEST 00 RNER OF
A 13.05E-ACRE TRACT CONVEYED TO RUNNING FIRE LLC INSTRUMENT NUMBER 2018044972 OPRLC;
TIE.NCE S88`1588^E ALONG SAID 13.056-ACRE TRACT PASSING A FOUND IRON PIN Wf TIRA" CAP AT
A DISTANCE OF 305.00' FOR THE SOUTHEAST CORNER OF SAID 13.056-ACRE TRACT AND THE
SOUTHWEST CORNER OF A IO2.8-ACRE TRACT CONVEYED TO RUNNING FIRE LLC INSTRUMENT
NUMBER 701845093 OPLRC, AND CONTINUING A TOTAL DISTANCE OF 655AW TO A FOUND PIN
WP HRA" CAP FOR AN INTERIOR ELL OF SAID 102.8-ACRE TRACT AND TIM NORTHERMOST
NORTHEAST CORNER OF THIS TRACT;
THENCE ALONG THE SOUTHERN COMMON BOUNDARY OF SAID 102.8-ACRE TRACT FOR THE
FOLLOWING FOUR (4) CALLS;
1_ SO F5'47"W A DISTANCE OF 3'7.64' TO A FOUND PIN WP UW CAP;
2. EASTERLY WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 47,&34% WITH
A RADIUS OF 8392.OW, WITH A CHORD BEARING OF S 83`4008" E, WITH A CHORD LENGTH OF
47&213%TOA FOUND PIN WP'HRA"CAP; 3. EASTERLY WITH A REVERSE CURVE TURNING TO
THE LEFT WITH AN ARC LENGTH OF 821.2P, WITH A RADIUS OF 7609,09. WITH A CHORD
BEARING OF S 85"07'41" E, WITH A CHORD LENGTH OF 820.81Y,10 A FOUND PIN WPHRA" CAP;
4. S S8`1 T 13" E A DISTANCE OF 713.7W TO A FOUND PIN W1171RA" CAP FOR THE SOUTH FAST
CORNER OF SAID 102.8-ACRE TRACT, AND BEING IN THE EAST LINE OF THE SW14 OF SAID SECTION
19, AND THE SOUTHERNMOST NORTHEAST CORNER OF THIS TRACT;
THENCE SO P`4TO8^W ALONG THE EAST LINE OF THE SWI4 OF SAID SECTION 19 A DISTANCE OF
350.05' TO A SET IRON PIN WIORANGE "R2M RPLS 1971" FOR THE SOUTHEAST CORNEROF THIS
TRACT;
THENCE THOUGH THE INTERIOR OF SAID MN THOMPSON TRACT, AND ALONG THE PROPOSED
NORTH ROW LINE OF LOOP SE FOR THE FOLLOWING THREE (3) CALLS:
1. N88`1333"W A DISTANCE OF 71170' TO A FOUND ALUMINUM "AC TXDOI" CAP;
2. WESTERLY WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 859,97, WITH
A RADIUS OF 7957.99, WITH A CHORD BEARING OF N 85-0901" W, WITH A CHORD LENGTH OF
858.5T, TO A FOUND ALUMINUM "AC T-XDO"T" CAP;
3. WESTERLY WITH A REVERSE CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF
441.90', WITH ARA DIUS OF 8042.06', WITH A CHORD BEARING OF 83`36'56" W, WITH A CHORD
LENGTH OF 441.85' TO A FOUND ALUMINUM "AC TXDOT' CAP IN THE EASTERN BOUNDARY
OF SAID LSJ THOMPSON TRACT;
THENCE NO P`5581E ALONG SAID LSJ THOMPSON TRACT A DISTANCE OF 175.97' TO A POINT BEING
THE NORTHEAST CORNER OF SAID LSJ TRACT AND AN INTERIOR ELL OF TH IS TRACT;
THENCE N88`I F35W ALONG THE NORTHERN COMMON BOUNDARY OF SAID LSJ THOMPSCN TRACT
A DISTANCE OF 650.99TO THE POINT OF BEGINNING AND CONTAINING 24.21-ACRES MORE OR LESS.