HomeMy WebLinkAboutOrdinance - 2023-O0122 - Zone Case 3488 - 10/10/2023First Reading
September 26, 2023
Item No. 6.6
ORDINANCE NO. 2023-00122
Second Reading
October 10, 2023
Item No. 5.33
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3488; A ZONING CHANGE FROM
T TO C-3 ZONING DISTRICT AT 9704 HIGHWAY 87, LOCATED NORTH OF
98T" STREET AND WEST OF HIGHWAY 87, ON 2.8 ACRES OF UNPLATTED
LAND OUT OF BLOCK E, SECTION 8, 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, 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. 3488
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 C-3 zoning district at 9704
Highway 87, located north of 98�h Street and west of Highway 87, on 2.8 acres
of unplatted land out of Block E, Section 8, 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 Se�tember 26, 2023
Passed by the City Council on second reading on October 10, 2023
AT EST:
Courtney Paz, City Sec a ~
APPROVED AS TO CONTENT:
isten Sager, Directo ' lanning
APPROVED AS TO FORM:
elli Leisure, Senior Assistant City Attorney
vwlcityatt/Ke I I il2oneCase1ZC3488
September 7, 2023
Zone Case No. 3488
Page - 2
Exhibit "A"
A 2?7 aaro tta�t of Iend out of tl�t oertet� 5 eare treot of land oonvayad by Deed lrom Msrioa K. MaL�in
bo Mcl.aln Oil Cocnpat�y� datad Mny 15,1992, reoordcd 'ai Volwne 387'!, pe8o 2xi, Raal Prop�ty R,ecorde
of Lubboak County, Taxse, Iocatad in ttise SH14 of tho SWl4 0�' 8ea�on 8, H1ook 8, a.C. �t 3.F. Rwy. Co.
3urvay, Luhbock Caunty, Taxae, aaid 2.97 ao�+e tr�at bain�g mo%peNtat[�rly dascrlbcd ea faQov�s:
SEGINNII�IG at e'h" iroo rod #buad ir� the East 1in8 of 1f�at oc��n haot of land oom►eyod by D�cod $om
Ingram Corp. to (ireat Ptains Construotion Compaoy. iaa. datad January 1� i972, rcoocdod in Volua�o 1�33.
page 542, Dced Rocorda afl.ubboolc Couniy. Texas, aad in thoNortiiictly right•of-way tino of98� Straet (tight-
of-way ra:or�ed in Volnm� 1BS6,� pege 6�, De�d Records oiLubbook County, Tmoas). tor tho Southwest coraer
� ofthie traot, 8romwluohtha Sout6v�neet oomer o£sa�MoLainS aoro Maot bea�s S.0°OZ'ZS"W. 40.Od lbel;
THBNCB N.0°02'25"B. 29?.15 foct to a' �" itoa found vnder nnoe at the 1�Io�thw�ost corner of eald MaLetn
S aore traot end en intocior oocrter of eaid (ircat Pleins tiaot, �r tho Northwoat wrner oft�s tcaat; .
THSNCB N.89°Si'2S'�., elong the Notth liva ofsaid MoLain 5 aoro haot, 419.55 %at to a�" irdn rod fbund
in ti� Westecty dght-of•way tino of U.S. Higi�w�ay 87 {�ightwf-v�ntay tec�tdod tn Voiume 1068, pago 127, Deed
Roaa�rde of Lubbock CouMy� Texa9), at tEue rno�t Be�tetty 3ovthoast conior vf eaid Oreat Pleima tcaat, for tho
Northc�st corner of tt�ia trao�
THBNCE 3.3°40'OS"�1V.. eloug eaM Wostttty tigtit-of-way line of U.3. H'ighvin►y 8�. a disinnoe of 249.Od 5oat
to a 3!8" �coe rod fourtd for tbe ma9t Buetotly-Southoast oontcr of tlds t�
THENCE SA6°S6'IO"W., cortinuiag along satd Weab�rly riglit-of-way line of U.3. HighwaY 87, s di�u�co of
7280 feet tQ � 3/8" iron md fouad !bc tl�o moat Soutfrerly-9outhea�st eomer of thie heo�
THENC� We,�t (boa�ings essumcd aloag t�ie lipa), at 13D.0 foot gass a ooraor of aa�d Vileatorty right-of•waY
tino af V.3. �ghway 87. co�inuing Woa�rly alon6 said North llsie of 98� Strao� 350.65 �et b tha PLACB
OF BgOINNING.