HomeMy WebLinkAboutOrdinance - 2023-O0127 - Zone Case 3205-A - 10/10/2023First Reading Second Reading
September 26, 2023 October 10, 2023
Item No. 6.11 Item No. 6.2
ORDINANCE NO. 2023-00127
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3205-A; A ZONING CHANGE
FROM IHC TO C-2 ZONING DISTRICT GENERALLY LOCATED WEST OF
FRANKFORD AVENUE AND SOUTH OF 116TH STREET, ON 5.524 ACRES OF
UNPLATTED LAND OUT OF BLOCK AK, SECTION 20, 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. 3205-A
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 IHC to C-2 zoning district generally
located west of Frankford Avenue and south of 116'h Street, on 5.524 acres of
unplatted land out of Block AK, Section 20, 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 Se a
Zone Case No. 3205-A
Page - 2
: ' ' : IIi� � 17:j.�IZ�17►�-����
Kristen Sager, Director of Planning
APPROVED AS TO FORM:
.� , .
K li Leisure, Semor Assistant City Attorney
vw/cityatUKel I il2oneCaselZC3 205-A
September 7, 2023
Zone Case No. 3205-A
Page - 3
1�1:1_i I�
LAND SURVEVINO
ENGINEERING
Delta Land Surveying
and Engineering, LLC
1310 Jarvis Street
Lubbock, TX 79403
806-701-5707
www.deltalbk.com
Exhibit "A"
Metes and Bounds description of a 5.524 acre tract of land, being the same tract of land described in
County Clerk File Number (CCFN) 2013028202, Official Public Records of Lubbock County, Texas
(OPRLCT), being out of Section 20, Block AK, Lubbock County, Texas, and being more particularly
described as follows:
Beginning at a point in Frankford Avenue, and in the East line of said Section 20, for the Southeast
corner of the plat limits of Hays Estates, a Subdivision out of Section 20, Block AK, Lubbock County,
Texas, recorded in Volume 1644, Page 104, Deed Records of Lubbock County, Texas (DRLCT), and for the
Northeast corner of this tract, whence the Northeast corner of said Section 20 is called to bear North,
approximately 990 feet;
Thence South, leaving said Hays Estates, with the East line of said Section 20, and with Frankford
Avenue, approximately 144 feet to a point for the Northeast corner of that 5.547 acre tract described in
CCFN 2013040015, OPRLCT, and for the most Easterly Southeast corner of this tract;
Thence West, leaving Frankford avenue, with the North line of said 5.547 acre tract, approximately 660
feet to a point for the Northwest corner of said 5.547 acre tract, and for a corner of this tract;
Thence South, with the West line of said 5.547 acre tract, approximately 186 feet to a point for a corner
of the Waits tract described in Volume 6300, Page 306, Real Property Records of Lubbock County, Texas
(RPRLCT), and for the most Southerly Southeast corner of this tract;
Thence West, leaving said 5.547 acre tract, with the North line of said Waits tract, approximately 198
feet to a point for a corner of said Waits tract, and for a corner of this tract;
Thence N00°10'07"W, with a common line with said Waits tract, approximately 30 feet to a point for a
corner of said Waits tract, and for a corner of this tract;
Thence N89°57'S0"W, with the North line of said Waits tract, approximately 268 feet to a point for the
Southeast corner of that .0922 acre tract described in CCFN 2017020378, OPRLCT, and for the
Southwest corner of this tract;
Thence N00°03'31"E, leaving said Wait tract, with the East line of said 0.922 acre tract, approximately
300 feet to a point in the South line of a 20 foot alley, and in the South plat limits of said Hays Estates,
for the Northeast corner of said 0.922 acre tract, and for the Northwest corner of this tract;
Thence East, leaving said 0.922 acre tract, with the South line of said 20 foot alley, and with the South
plat limits of said Hays Estates, approximately 1126 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.
Delta Land Surveying Job No. 23426 August 3, 2023
Texas License Firm Number 10194496
Engineering Firm Number F-22948
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