HomeMy WebLinkAboutOrdinance - 2020-O0162 - Zone Case 2358-QFirst Reading
December 15, 2020
Item No. 8.7
ORDINANCE NO. 2020-00162
Second Reading
January 12, 2021
Item No. 8.10
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
'HE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
OLLOWING CHANGES: ZONE CASE NO. 2358-Q; A ZONING CHANGE
ROM R-1A TO R-2 ZONING DISTRICT AT 7502 AND 7504 34TH STREET,
,OCATED EAST OF YUMA AVENUE, NORTH OF 34TH STREET, ON 9.534
ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 42,
,UBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
:LAUSE; AND, PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
:sented to the Planning and Zoning Commission for its recommendation which was
eived by the City Council and, after due consideration, the City Council found that due
changed conditions, it would be expedient and in the interest of the public health,
ety 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
lanning and Zoning Commission and the City Council determine the physical
evelopment of the community; however, planning is a continuous process and change is
ievitable; and
WHEREAS, the Lubbock Planning and Zoning Commission and City Council
>gnize that the zone change is a minor deviation from the 2040 Future Land Use Plan,
ch protects the public and private commitments that have been previously based on
Plan; and
WHEREAS, all conditions precedent required by law for a valid amendment to
Zoning Ordinance and Map have been fully complied with, including giving notices
compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock,
xas, and the notices provided by the Texas Local Government Code §211.007
ernon, 1990), and notice was duly published in the Lubbock Avalanche -Journal more
m fifteen (15) days prior to the date of the public hearing before the City Council on
,h proposed amendment, and the public hearing according to said notice, was held in
City Council Chamber of the Municipal Building, Lubbock, Texas, at which time
rsons appeared in support of the proposal; and after said hearing, it was by the City
iuncil determined that it would be in the public interest, due to changed conditions, that
Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set
-th in the body of this Ordinance and this Ordinance having been introduced prior to
st reading hereof; NOW THEREFORE:
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO.2358-Q
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
;d as follows:
A change of zoning under the provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from R-J A to R-2 zoning district at 7502 and
7504 34th Street, located east of Yuma Avenue, north of 34th Street, on 9.534
acres of unplatted land out of Block AK, Section 42, 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
eemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100
)ollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City
f Lubbock.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of
Ordinance be declared unconstitutional or invalid for any reason, the remainder of
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 December 15, 2020
Passed by the City Council on second reading on January 12, 2021
DANIEL M. POPE, MAYOR
ATTEST:
'O'L" )X'
Rebe ca Garza, City Secr tary
Zone Case No. 2358-Q
Page - 2
PROVED AS TO CONTENT:
Director of Planning
VED AS TO FORM:
r.
Leisure, Assistant City Attorney
vw/cityatt/Kel l i/7.oneCase/ZC23 58-Q
November 5, 2020
Zone Case No. 2358-Q
Page - 3
AMD Enaineerina
THENCE S. 110 22' 18" E. a distance of 3.13 feet to a point of intersection in the east right-of-
way line of said Winfield Avenue for a corner of these plat limits;
THENCE S. 490 42' 39" E. a distance of 15.69 feet to a point of intersection in the north line of
an (proposed) alley for a corner of these plat limits;
THENCE S. 11 ° 22' 18" E. a distance of 20.55 feet to a point of intersection in the south line of
an (proposed) alley for a corner of these plat limits;
THENCE S. 400 17' 21 " W. a distance of 12.41 feet to a point of intersection in the east right-of-
way line of said Winfield Avenue for a corner of these plat limits;
THENCE S. 110 22' 18" E. a distance of 123.61 feet to a point of curvature in the east right-of-
way line of said Winfield Avenue and a corner of these plat limits;
THENCE southwesterly, along a curve to the right and the east right-of-way line of said Winfield
Avenue, an arc distance of 64.17 feet, said curve having a radius of 276.00 feet, a delta angle of
13' 19' 18", a chord distance of 64.03 feet and a chord bearing of S. 040 42' 39" E., to a point of
tangency and a corner of these plat limits;
THENCE S. 01 ° 57' 00" W. a distance of 215.93 feet to a point of intersection in the east right-
of-way line of said Winfield Avenue for a corner of these plat limits;
THENCE S. 430 07' 00" E. a distance of 21.19 feet to a point of intersection in the north right-
of-way line of 34" Street for a corner of these plat limits;
THENCE S. 01 ° 48' 59" W. a distance of 55.00 feet to the POINT OF BEGINNING. Bearings
are relative to the Texas Coordinate System of 1983 (2011), Texas North Central Zone. The
convergence angle to true north is -01 ° 54' 17". Distances are at surface, in U.S. Survey feet.
Prepared October 1, 2020
This description was prepared for purposes of a zoning change request and does not represent a
survey made upon the ground. This description is compiled from information obtained in previous
surveys made within Section 42 and encompassing this tract.
20026 Zoning Description - 9.543 Ac.
6515 681h Street, Suite 300 TBPE Reg. # F-9197 Office: (806) 771-5976
Lubbock, Texas 79424 TBPELS Reg. #101785-00 Fax: (806) 771-7625
AMD Enaineerina
DESCRIPTION FOR A ZONING CHANGE REQUEST IN
SECTION 42, BLOCK AK,
ABSTRACT NUMBERS 851 AND 1264,
LUBBOCK COUNTY, TEXAS
(Sheet I of 2, Sketch of tract attached herewith as Sheet 2)
A 9.534 acre tract of land located in Section 42, Block AK, Abstract Numbers 851 and 1264,
Lubbock County, Texas, and situated within a portion of that certain 12.562 acre tract of land
conveyed to Betenbough Homes, LLC. (formerly Storehouse Land Company, merger filed in
County Clerk's File Number 2019035457), described in a Warranty Deed recorded in County
Clerk's File Number 2017029515 of the Official Public Records of Lubbock County, Texas, said
9.534 acre tract being further described by metes and bounds as follows:
BEGINNING at point in the centerline of 34th Street and the south line of said Section 42 for the
southeast corner of these plat limits and having coordinates of Northing: 7,269,287.29 and
Easting: 907,168.06 the Texas Coordinate System of 1983 (2011), Texas North Central Zone,
whence the southeast corner of said Section 42 bears S. 88' 11' 01" E. a distance of 3167.18 feet,
said section corner having coordinates of Northing: 7,269,186.92 and Easting: 910,332.89 of the
Texas Coordinate System of 1983 (2011), Texas North Central Zone;
THENCE N. 880 11' 01" W., along the south line of said Section 42 and the centerline of 34th
Street, a distance of 504.15 feet to a railroad spike found at the southwest corner of said 12.562
acre tract for the southwest corner of these plat limits;
THENCE N. 010 57' 00" E. a distance of 894.33 feet to a 112" iron rod with a cap marked "H.R.
& Assoc's" found at the northwest corner of said 12.562 acre tract for the northeast corner of this
tract, same being the northeast corner of that certain 3.077 acre tract of land described in a
Warranty Deed recorded in County Clerk's File Number 2015003125 of the Official Public
Records of Lubbock County, Texas;
THENCE S. 880 10'33" E., along the south right-of-way line of (proposed) 31St Place, a distance
of 437.02 feet to a point of intersection in the east right-of-way line of (proposed) Winfield
Avenue for the northeast corner of these plat limits
THENCE S. 010 57' 00" W., along the east right-of-way line of said Winfield Avenue, a distance
of 181.84 feet to a point of intersection for a corner of these plat limits;
THENCE S. 430 06' 22" E. a distance of 21.19 feet to a point of intersection in the north right-
of-way line of (proposed) 32°d Street for a corner of these plat limits;
THENCE S. 010 57' 00" W. a distance of 52.00 feet to a point of intersection in the south right-
of-way line of (proposed) 32°d Street for a corner of these plat limits;
THENCE S. 460 53' 37" W. a distance of 21.23 feet to a point of intersection in the east right-of-
way line of said Winfield Avenue for a corner of these plat limits;
THENCE S. 010 57' 00" W. a distance of 66.39 feet to a point of curvature in the east right-of-
way line of said Winfield Avenue for a corner of these plat limits;
THENCE southeasterly, along a curve to the left and the east right-of-way line of said Winfield
Avenue, an arc distance of 52.08 feet, said curve having a radius of 224.00 feet, a delta angle of
130 19' 18", a chord distance of 51.96 feet and a chord bearing of S. 040 42' 39" E., to a point of
tangency and a corner of these plat limits;
6515 681h Street, Suite 300 TBPE Reg. # F-9197 Office: (806) 771-5976
Lubbock, Texas 79424 TBPELS Reg. #101785-00 Fax: (806) 771-7625