HomeMy WebLinkAboutOrdinance - 2024-O0115 - Zone Case 3506, Brian And Chad Carter - 09/10/2024First Reading
August 27, 2024
Item No. 7.5
ORDINANCE NO. 2024-00115
Second Reading
September 10, 2024
Item No. 5.27
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054
AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO.3506; A ZONING CHANGE FROM
SF-2 TO HC ZONING DISTRICT AT 5834 AND 5836 146TH STREET, LOCATED
WEST OF FRANKFORD AVENUE AND NORTH OF 146TH STREET, ON
APPROXIMATELY 4.978 ACRES OF UNPLATTED LAND OUT OF BLOCK
AK, 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 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.3506
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
5834 and 5836 146th Street, located west of Frankford Avenue and north of
146th Street, on approximately 4.978 acres of unplatted land out of Block AK,
Section 9, 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
ATTEST:
Courtney Paz, City Secretary
MARK W. MCBRAYER, M -VOR
Zone Case No. 3506
Page - 2
APPROVED AS TO CONTENT:
V/6 &d t (Z
Kelli Leisure, Senior Assistant City Attorney
vw/cityatt/Kell i/ZoneCase/ZC3506
August 1, 2024
Zone Case No. 3506
Page - 3
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