HomeMy WebLinkAboutOrdinance - 2024-O0104 - Zone Case 763-D, Woda Cooper Companies, Inc. For Buslon, Inc - 08/13/2024First Reading
July 23, 2024
Item No. 7.1
Second Reading
August 13, 2024
Item No. 6.31
ORDINANCE NO. 2024-00104
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054
AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 763-D; A ZONING CHANGE
FROM SF-2 AND MDR TO MDR ZONING DISTRICT AT 5311 BANGOR
AVENUE, LOCATED NORTH OF 54TH STREET AND EAST OF BANGOR
AVENUE, ON APPROXIMATELY 5.9 ACRES OF UNPLATTED LAND OUT OF
BLOCK E-2, SECTION 28, 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 39.07.007 of the Unified Development Code, 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.763-D
SECTION 1. THAT Ordinance No. 2023-00054 and the Official Zoning Map
are amended as follows:
A change of zoning under the provisions of Section 39.07.032 of the Unified
Development Code of the City of Lubbock from SF-2 and MDR to MDR zoning
district at 5311 Bangor Avenue, located north of 541h Street and east of
Bangor Avenue, on approximately 5.9 acres of unplatted land out of Block E-
2, Section 28, 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 No1100
Dollars ($2,000.00) as provided in Section 39.09.004 of the Unified Development Code
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 July 23, 2024
Passed by the City Council on second reading on August 13. 2024
A EST:
Courtney Paz, City Secreta
t �
M RK W. MCBRAYER, MAY
Zone Case No.763-D
Page - 2
APPROVED AS TO CONTENT:
Kr' ten Sager, Director f Planning
APPROVED AS TO FORM:
W e,
'At*'Q�
K lli Leisure, Senior Assistant City Attorney
vwlcityatt/Kel I i/ZoneCase1ZC763-D
July 8, 2024
Zone Case No. 763-D
Page - 3
HUGO REED AND ASSOCIATES, INC.
FM'4E
1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806/763-5642 I FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of an approximate 5.9 acre tract of land located in Section 28, Block E-2,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point for the Northeast corner of this tract located in the South line of a 20 foot alley and the West right-
of-way line Albany Avenue which bears N. 89*51'30" W. an approximate distance of 887.6 feet and South an approximate
distance of 999.1 feet from the Northeast corner of Section 28, Block E-2, Lubbock County, Texas;
THENCE South along the West right-of-way line of said Albany Avenue, an approximate distance of 419.4 feet to a point
of curvature for the most Easterly Southeast comer of this tract;
THENCE Southwesterly, continuing along the West right-of-way line of said Albany Avenue, along a curve to the right,
said curve having a radius of 15.0 feet, a central angle of 90°00'00", a chord distance of 21.2 feet, and a chord bearing of
S. 45°00'00" W. to a point in the North right-of-way line of 54th Street and a point of tangency for the most Southerly
Southeast corner of this tract.
THENCE West along the North right-of-way line of said 54th Street, an approximate distance of 561.0 feet to a point in the
East right-of-way line of Bangor Avenue and a point of curvature for the most Southerly Southwest corner of this tract;
THENCE Northwesterly, along the East right-of-way line of said Bangor Avenue, along a curve to the right, said curve
having a radius of 15.0 feet, a central angle of 90°00'00", a chord distance of 21.2 feet, and a chord bearing of
N. 45000100" W. to a point of tangency for the most Westerly Southwest corner of this tract;
THENCE North continuing along the East right-of-way line of said Bangor Avenue, an approximate distance of 420.8 feet
to a point in the South line of said 20 foot alley for the Northwest corner of this tract;
THENCE S. 89051'30" E. along the South line of said 20 foot alley, an approximate distance of 591.0 feet to the Point of
Beginning.
PREPARED FOR ZONING PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY AND SHALL NOT
BE RECORDED FOR ANY REAL PROPERTY PURPOSES.
Prepared for Woda Cooper Companies, Inc.
June 21, 2024