HomeMy WebLinkAboutOrdinance - 2019-O0143 - Zone Case 3391 - 10/08/2019 First Reading Second Reading
September 24, 2019 October 8, 2019
Item No. 7.5 Item No. 7.10
ORDINANCE NO. 2019 43
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO.3391; A ZONING CHANGE TO IHI
FROM R-1 ZONING DISTRICT AT 4805 NORTH INTERSTATE 27, LOCATED
APPROXIMATELY 1,460 FEET NORTH OF REGIS STREET ON THE WEST
SIDE OF INTERSTATE 27, ON 4.898 ACRES OF UNPLATTED LAND OUT OF
BLOCK A SECTION 9, 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.3391
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 to IHI from R-1 zoning district at 4805 North
Interstate 27, located approximately 1,460 feet north of Regis Street on the
west side of Interstate 27, on 4.898 acres of unplatted land out of Block A
Section 9, City of Lubbock, Lubbock County, Texas, and being Bother 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 24, 2019
Passed by the City Council on second reading on October 8, 2019
��_Jv
DANIEL M. POPE, MAYOR
ATTEST:
'Q .0
Rebec a Garza, City Secretary
Zone Case No. 3391
page - 2of2
APPROVED AS T, CONTENT:
Krist i Sager, Interim Dinor of Planning
APPROVED AS TO FORM:
K i Leisure, Assistant City Attorney
vw/cityatt/Ke I I i/%oncCase/M 39
August 6,2019
Zone Case No. 3391
page - 3 of 2
COUNTRY BCL UB ESTATE
Hb/R-4viV W. /Ze/y. 96
Adfacen!4.4 Acro Trod
i/a/ 6067, Pg, 36
Tract I
METE-9-'AND BOUNDS DESCRIPTION of a 4.898 acre tract of land, described under county Clerk
Fife No,2014029601 of the Official Public Records of Lubbock County,Texas(Tract I)� located in
Section 9,Block A,Lubbock County,Texas,same being a portion of Block 5 and unnamed adjacent
streets located in Country Club Estates a subdivision in Section 9,Block A,Lubbock Co Mty,Texas,
according to the map,plat and/or dedication deed thereof recorded in Volume 122, Page 61 of the Deed
Records of Lubbock County,Texas, being further described as follows;
being further described as follows: i
BEGINNING at a 1/2"iron rod with cap marked"HRA"set in the West right-of--way ling of Interstate
Highway No.27 as described in Volume 161,Page 634 of the Deed Records of Lubbock�County,Texas
for the Northeast comer of this tract, which is called to bear S. 00°21'30"E.a distance cklCo .55 feet and
East a distance of 2465.80 feet from the calculated midpoint of the Narth line of distance
o
Lubbock County,Texas,from whence a found 318"iron rod bears N,00°21'30" W. 116.515 feet; A,
THENCE S. 00°21'30" E., along said right-of-way line,a distance of 232.13 feet to a 1/2" iron rod with
cap marked "HRA"set for the Northeast comer of a 4.4 acre tract as described in Volume 8067,Page 36
of the Official Public Records of Lubbock County,Texas and the Southeast corner of this tract, whence a
3/4"iron pipe found at the Southeast corner of said 4.4 acre tract bears S.00°21'30"E.212,13 feet;
THENCE N. 89057'17"W,,along the Northern boundary of said 4.4 acre tract,a distance.of 920,06 feet
(deed calls: West 919.25 feet)to a 1/2"iron rod with cap marked"I IRA°`set in the Eastern boundary of a
2,1 acre tract as described under County Clerk File No.2014029601 of the t in t al Public Records of
Lubbock County,Texas(Tract]I)for the Northwest comer of said 4.4 acre tract and the Southwest
corner of this tract, from whence a found 1/2"iron rod with cap bears S, 00°03'50"W,9,00 feet;
THENCE N. 00003'50"E.,along the Eastern boundary of said 2,1 acre tract,a distance of 232.13 feet
(deed calls: North)to a 1/2"iron rod with cap marked "HRA"set for the Northwest comer of this tract;
THENCE S. 8905715"E. a distance of 918.35 feet(deed calls: East)to the Point ofBeglnning,
Contains: 213,372 square feet.
Bearings are relative to the West right-of-way line of Interstate Highway No.27,provioiuly surveyed and F
recognized as being S. 00°21'30" E.
1.
BLOCK 5
UN
CnTRY CL UB ESTA TES
,%I Rk Yw G2Z Po. 96
Adbranr 4.4 Acre Trod
1/a go6
7
Pg. 36
Tract I %
AND BOUNDS DESCRIPTION of a 4,898 acre tract of land,described under :ounty Clerk
File No.2014029601 of the Official Public Records of Lubbock County,Texas(Tract 1),located in
Section 9,Block A,Lubbock County,Texas, same being a portion of Block 5 and unnamed adjacent
streets located In Country Club Estates a subdivision in Section 9,Block A,Lubbock arced a Texas,
according to the map,plat and/or dedication deed thereof recorded in Volume 122, page M161 , the Deed
Records of Lubbock County,Texas, being further described as follows;
being further described as follows:
BEGINNING at a I/2"iron rod with cap marked"HRA"set in the West right-of-way Iini;of Interstate
Highway No.27 as described in Volume 161,Page 634 of the Deed Records ofLubbock iCounty,Texas
for the Northeast comer of this tract, which is called to bear S. 00°21'30"E. a distance of 888.55 feet and
East a distance of 2465.80 feet from the calculated midpoint of the North line of Section 9, Block A,
Lubbock County,Texas,from whence a found 3/8"iron rod bears N.00°21'30" W. 116.55 feet;
THENCE S. 00°21'30" E., Along said right-of-way line,a distance of 232,13 feet to a 1/2" iron rod with
cap marked "HRA"set for the Northeast comer of a 4.4 acre tract as described in Volume 8067,Page 36
of the Official Public Records of Lubbock County,Texas and the Southeast corner of this tract, whence a
3/4"iron pipe found at the Southeast corner of said 4.4 acre tract bears S.00°21'30"E.212.13 feet;
THENCE N. 89057117" W.,along the Northern boundary of said 4.4 acre tract,a distance pf 920.06 feet
(deed calls: West 919.25 feet)to a 1/2"iron rod with cap marked"HRA"set in the Eastern boundary of a
2.1 acre tract as described under County Clerk File No.2014029601 of the Official Public Records of
Lubbock County,Texas(Tract 1I)for the Northwest corner of said 4.4 acre tract and the Southwest
corner of this tract, from whence a found 1/2" iron rod with cap bears S. 00103'50" W.9.00 feet;
THENCE N, 00°03'50" E., along the Eastern boundary of said 2.1 acre tract,a distance of 232.13 feet I
(deed calls: North)to a 1/2"iron rod with cap marked"HRA"set for the Northwest comer of this tract; 7
I
THENCE S. 89057'15"E. a distance of 918.35 feet(deed calls: East)to the Point of Beg rming.
Contains: 213,372 square feet. fi
Bearings are relative t6 the West right-of-way line of Interstate Highway No. 27,provfoiisly survoyed and
recognized as being S, 00°21'3011 E. r
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