HomeMy WebLinkAboutOrdinance - 2024-O0117 - Zone Case 3505, Seventeen Services, LLC For Scarlet River, LLC - 09/10/2024First Reading
August 27, 2024
Item No. 7.7
Second Reading
September 10, 2024
Item No. 5.29
ORDINANCE NO. 2024-00117
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054
AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3505; A ZONING CHANGE FROM
SF-2 TO HC ZONING DISTRICT AT 2909 AND 2911 NORTH FRANKFORD
AVENUE, LOCATED WEST OF NORTH FRANKFORD AVENUE AND NORTH
OF URSULINE STREET, ON 5.023 ACRES OF UNPLATTED LAND OUT OF
BLOCK JS, SECTION 12, 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.3505
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 to HC zoning district at
2909 and 2911 North Frankford Avenue, located west of North Frankford
Avenue and north of Ursuline Street, on 5.023 acres of unplatted land out of
Block JS, Section 12, 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 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 August 27, 2024
Passed by the City Council on second reading on September 10, 2024
Paz, City Secretary
MARK W. MCBRAYER, MXYOR
7-one Case No. 3505
Page - 2
APPROVED AS TO CONTENT:
Sager, Director,6lf Planning
APPROVED AS TO
1vij'A0&
v -
eila Leasure, Senior Assistant City Attorney
v w/c ityatt/Kel l i/Zon eCase/ZC3505
August 1, 2024
Zone Case No. 3505
Page - 3
812/24, 1:34 PM
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4. I-egal. description of land:
A tract of lanes out of the East part of Section 1.2, Block JS, Abstract Number 1350, Certificate .No. 1260, E.L. &
R.R. RR Co. Survey, Lubbock County, Texas; Oriainal Grantee Mrs. J.F. Summers, Lubbock County, Texas and
in
also out of the 233.49 acre tract recorded in Volume 4855, Page 21.1, Official meal Property Records of Lubbock
County, Texas, being further described as follows:
BEGINNING at a 1/2" rod set in the East line of the said 233.49 acre tract and the West Right -of -Way five of
F.M. Road 2528 (North Frankford Avenue), as recorded in a Right -of -Way Deed recorded in Volume 1065, Page
215, Lubbock County, Deed Records, for the Southeast corner of this tract, from whence a found 1/2" rocs at the
Southeast corner of the 233.49 acre tract hears S 0000'34" W., 2527.45 feet, front whence a found (railroad spike at
the. Southeast corner of Section 12, Block JS bears S. 89155'26" E., 60 feet;
THENCE N. 89055'26" W., 960 feet to a set 1/2" rod for the Southwest corner of this tract;
THENCE N. 0000'34" E., 227.95 feet to a 1/2" rod set for the Northwest corner of this tract;
THENCE S. 89055'26" E., 960 feet to a 1/2" rod set in the East line of the said 233.49 acre tract and the West.
Right -of -Way line of F.M. Road 2528, for the Northeast corner of this tract from whence the most Easterly
Northeast corner of the 233.49 acre tract bears N. 0000134" E 1595.68 feet;
THENCE S 0000'34" W., with the East line of the 233.49 acre tract and the West Right -of Way line of F.M.
21528, 227.95 feet to the PLACE OF BEGINNING.
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