HomeMy WebLinkAboutOrdinance - 2023-O0126 - Zone Case 3058-E - 10/10/2023First Reading
September 26, 2023
Item No. 6.10
ORDINANCE NO. 2023-00126
Second Reading
October 10, 2023
Item No. 5.37
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3058-E; A ZONING CHANGE
FROM R-1 SPECIFIC USE FOR RESIDENTIAL ESTATES TO C-3 ZONING
DISTRICT AT 7214 SOTH STREET, LOCATED NORTH OF SOTH STREET AND
EAST OF UPLAND AVENUE, ON 5.151 ACRES OF UNPLATTED LAND OUT
OF BLOCK AK, SECTION 38, 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. 3058-E
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 Residential
Estates to C-3 zoning district at 7214 SO�h Street, located north of SO�h Street
and east of Upland Avenue, on 5.151 acres of unplatted land out of Block
AK, Section 38, 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 September 26, 2023
Passed by the City Council on second reading on October 10, 2023
A TEST:
Courtney Paz, City Sec ry
Zone Case No. 3058-E
Page - 2
APPROVED AS TO CONTENT:
Kristen Sager, Director of Planning
APPROVED AS TO FORM:
elli Leisure, Senior Assistant City Attorney
vw/cityatUKe I I ilZoneCase1ZC3058-E
September 7, 2023
Zone Case No. 3058-E
Page - 3
1� 1:1_ 1 I�►
LAND SURVEYINO
ENGINEERING
Exhibit "A"
Delta Land Surveying
and Engineering, LLC
1310 Jarvis Street
Lubbock, TX 79403
806-701-5707
www.deltalbk.com
Metes and Bounds description of a 5.151 acre tract of land, being the same 5.151 acre tract of land
described in County Clerk File Number (CCFN) 2022040883, Official Public Records of Lubbock County,
Texas (OPRLCT), being out of Section 38, Block AK, Lubbock County, Texas, and being more particularly
described as follows:
Beginning at a point in the North Right of Way line of SOth Street for the Southwest corner of Lot 1, LS
Farms, an Addition to the City of Lubbock, Lubbock County, Texas, recorded in CCFN 2020025722,
OPRLCT, and for the Southeast corner of this tract, whence the Southwest corner of said Section 38 is
called to bear S00°01'00"E, approximately 55 feet and N89°52'46"W, approximately 450 feet;
Thence N89°52'46"W, leaving said Lot 1, with the North Right of Way line of said SOth Street,
approximately 395 feet to a point for a corner of that tract described in CCFN 2018014325, OPRLCT, and
for the Southwest corner of this tract;
Thence N00°01'00"W, leaving said 50th Street, with a common line of said tract described in said CCFN
2018014325, approximately 568 feet to a point in the South line of that tract described in Volume 6311,
Page 102, Real Property Records of Lubbock County, Texas (RPRLCT), for the Northwest corner of this
tract;
Thence S89°52'46"E, leaving said tract described in CCFN 2018014325, with the South (ine of said tract
described in Volume 6311, Page 102, approximately 395 feet to a point for the Northwest corner of said
Lot 1, and for the Northeast corner of this tract;
Thence S00°01'00"E, leaving said tract described in Volume 6311, Page 102, with the West line of said
Lot 1, approximately 568 feet to the Point of Beginning.
Field Notes prepared for zone case purposes only. This does not represent an accurate survey made on
the ground.
August 3, 2023
Texas License Firm Number 10194496
Engineering Firm Number F-22948
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