HomeMy WebLinkAboutOrdinance - 2023-O0131 - Zone Case 3175-G - 10/10/2023First Reading
September 26, 2023
Item No. 6.15
ORDINANCE NO. 2023-00131
Second Reading
October 10, 2023
Item No. 6.3
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3175-G; A ZONING CHANGE
FROM C-2A AND R-lA TO A-2 ZONING DISTRICT AT 5914 ERSKINE
STREET, LOCATED NORTH OF ERSKINE STREET, AND WEST OF NORTH
GENOA AVENUE, ON 3.475 ACRES OF UNPLATTED LAND OUT OF BLOCK
JS, SECTION 7, 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. 3175-G
SECTION 1. THAT Ordinance No. 7084 and the Ofiicial 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 C-2A and R-lA to A-2 zoning district at
5914 Erskine Street, located north of Erskine Street, and west of North
Genoa Avenue, on 3.475 acres of unplatted land out of Block JS, Section 7,
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
AT EST:
Courtney Paz, City Secr ry
Zone Case No. 3175-G
Page - 2
APPROVED AS TO CONTENT:
r
Kri en Sager, Director of Planning
APPROVED AS TO FORM:
r
elli Leisure, Senior Assistant City Attorney
vwlcityatUKel l il7oneCase1ZC3175-G
September 7, 2023
Zone Case No. 3175-G
Page - 3
Exhibit "A"
Metes and Bounds description of a 3.475 acre tract of land, being a portion of the tract described in
County Clerk File Number (CCFN) 2018044829, Official Public Records of Lubbock County, Texas
(OPRLCT), being out of Section 7, Block 1S, Lubbock County, Texas, and being more particularly described
as follows:
Beginning at a point in the East line of the tract described in CCFN 2022016016, OPRLCT, for the
Southwest corner of Uptown West, Lots 222 Through 267, An Addition to the City of Lubbock, Lubbock
County, Texas, recorded in CCFN 2022003893, OPRLCT, for the Northwest corner of this tract, whence
the Southeast corner of said Section 7 is called to bear S01°48'02"W, approximately 348.1 feet and
S88°11'S8"E, approximately 1810.3 feet;
Thence S88°11'S8"E, leaving said tract described in CCFN 2022016016, with the South line of said
Uptown West, approximately 507.8 feet to a point in the West line of Tract "A", Police Department North
Substation Addition to the City of Lubbock, Lubbock County, Texas, recorded in CCFN 2020018899,
OPRLCT, for the most Southerly Southeast corner of said Uptown West, and for the Northeast corner of
this tract;
Thence S01°47'44"W, leaving said Uptown West, with the West line of said Tract "A", at approximately
293.1 feet pass the Southwest corner of said Tract "A", continuing for a total distance of approximately
298.1 feet to a point in the North line of Erskine Street, recorded in CCFN 2022053951, OPRLCT, for the
Southeast corner of this tract;
Thence N88°11'S8"W, with the North line of said Erskine Street, approximately 507.8 feet to a point in
the East line of said tract described in CCFN 2022016016 for the Southwest corner of this tract;
Thence N01°47'44"E, leaving said Erskine Street, with the East line of said tract described in CCFN
2022016016, approximately 298.1 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.
July 12, 2023