HomeMy WebLinkAboutOrdinance - 2019-O0123 - Zone Case 3175-E - 09/10/2019 First Reading Second Reading
August 27, 2019 September 10, 2019
Item No. 7.9 Item No. 7.11
ORDINANCE NO. '2039-001-23
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3175-E; A ZONING CHANGE TO
A-2 SPECIFIC USE FOR A POLICE STATION, FROM A-2, AT 5906 ERSKINE
STREET, LOCATED APPROXIMATELY 1,055 FEET WEST OF NORTH
FRANKFORD AVENUE ON THE NORTH SIDE OF ERSKINE STREET, ON 3.1
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, 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-E
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock to A-2 Specific Use for a police station from
A-2 at 5906 Erskine Street, located approximately 1,055 feet west of North
Frankford Avenue on the north side of Erskine Street, on 3.1 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 the granting of this specific use zoning is hereby made
subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
including particularly, but not limited to, Section 40.03.3102 of the Codified Zoning
Ordinance, which provides that a Building Permit shall be applied for and secured within
thirty (30) months of the effective date of the zone change or all undeveloped property
shall automatically revert back to the previous zoning classification, which in this case is
the A-2 zone district; and if such reversion occurs, the Director of Planning is directed to
remove from the Zoning Map the legend indicating such specific use. The Specific Use
authorized by this Ordinance is permitted under provision of Section 40.03.3101-
40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 5906
Erskine Street, located approximately 1,055 feet west of North Frankford Avenue
on the north side of Erskine Street, on 3.1 acres of unplatted land out of Block JS,
Section 7,City of Lubbock, Lubbock County,Texas.
SECTION 3. 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 4. 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 5. 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 August 27, 2019
Passed by the City Council on second reading on September 10 2019
DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Seeretar
Zone Case No. 3175-E
page -2 of 3
APPROVED AS TO CONTENT:
Krist n Sager, Interim Dire for of Planning
APPROVED AS TO FORM:
K-Ili Leisure, Assistant City Attorney
vw/CityAtt/Kell i//_ones/7-0175-1
August G,2019
Zone Case No. 3173-E
page - 3 of 3
HUGO REE® AND ASSOCIATES, INC.
1601 AVENUE N 1 LUBBOCK. TEXAS 79401 1 HO81703.5642 I FAX 8081763 3891
TEXAS REGISTERED ENGINEERING FIRM F 760
I TEXAS LICENSED SURVEYING FIRM 100676-00
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT"A"
METES AND BOUNDS DESCRIPTION of an approximate 3.1 acre tract of land located in Section 7, Block JS,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point for the Southwest corner of this tract which bears S. 88°13'40"W. an approximate distance
of 1302.3 feet and N. 01 046'20"E. an approximate distance of 55.0 feet from the Southeast corner of Section 7,
Block JS, Lubbock County Texas;
THENCE N. 01'47'44" E. an approximate distance of 571.1 feet to the Northwest comer of this tract;
THENCE S. 88011'58" E. an approximate distance of 238.9 feet to a point in the West right-of-way line of North
Genoa Avenue as described under County Clerk File Number 2017041851 of the Official Public Records of
Lubbock County, Texas,for the Northeast comer of this tract;
THENCE S. 01 047'44"W.,along said West right-of-way line, an approximate distance of 556.1 feet to the most
Easterly Southeast corner of this tract;
THENCE S.46047'53"W., continuing along said West Right-of-way line, an approximate distance of 21.2 feet to
the most Southerly Southeast comer of this tract;
THENCE N. 88011'58"W.an approximate distance of 223.9 feet to the Point of Beginning.
Contains approximately 136,330 square feet
PREPARED FOR ZONE CHANGE PURPOSES ONLY. DOES NOT REPRESENT A SURVEY.
Prepared for the City of Lubbock
June 21, 2019