HomeMy WebLinkAboutOrdinance - 2021-O0005 - Zone Case 2538-RFirst Reading
January 12, 2021
Item No. 8.7
ORDINANCE NO. 2021-00005
Second Reading
January 26, 2021
Item No. 7.6
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2538-R; A ZONING CHANGE
FROM R-1 TO A-1 ZONING DISTRICT AT 6801 4TH STREET, LOCATED
EAST OF UPLAND AVENUE, SOUTH OF 4TH STREET, ON 3.094 ACRES OF
UNPLATTED LAND OUT OF BLOCK JS, SECTION 10, 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.2538-R
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 from R-1 to A-1 zoning district at 6801 4th
Street, located east of Upland Avenue, south of 4th Street, on 3.094 acres of
unplatted land out of Block JS, Section 10, 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 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.
►�►117�rf.Y.Y1Z1 �1 �;���
Passed by the City Council on first reading on January 12, 2021
Passed by the City Council on second reading on January 26, 2021
AT EST:
Rebecca Garza, City Secretary
DANIEL M. POPE, MAYOR
Zone Case No. 2538-R
Page - 2
APPROVED AS TO CONTENT:
7s�= - --
Bryan Ts recto-r—oT Planning
APPROVED AS TO FORM:
la.oe
elli Leisure, Assistant City Attorney
vw/cityatt/Kel I i/ZoneCase/ZC2538-R
December 10, 2020
Zone Case No. 2538-R
Page - 3
ENGINEERING
ABACUtS SURVEYING
Texas Surveying No. 101153-00
Texas Engineering Firm No. 4368
2737 81 ST STREET LUBBOCK, TEXAS 79423 "Count on it"
(800) 745-7870
FIELD NOTES on a 3.094 Acre Tract out of the Northeast Quarter (NE/4) of Section 10, Block JS,
Lubbock County, Texas and also out of the Tract described in Volume 6359, Page 253, Lubbock
County Real Property Records(LCRPR) and further described as follow:
Beginning at set 1/2" iron rod with green cap marked RPLS 4460 in the West Plat Limits of
Westchester Park as shown by the plat recorded in Volume 6582, Page 88, LCRPR from which
the Northeast corner of Section 10 by calls bears North 55.00 feet and S 890 59' 13" E, 2344.92
feet;
THENCE S 01 °48'38" W(Texas North Central Zone Bearing Basis), with the West line of the said
Plat Limits, 546.51 feet to a found 1/2" iron rod for a corner of this tract;
THENCE S 88°10'09" E, with the said Plat Limits, 20.05 feet to a found 1/2" iron rod with yellow
cap for the most Easterly Northeast corner of this tract;
THENCE S 01 048'38" W, with the said Plat Limits, 109.91 feet to a set "crow's foot" in concrete
for the Southeast corner of this tract;
THENCE N 88*11'22" W, with the North line of an alley, 173.08 feet to a found 1/2" iron rod with
red cap (Furman) at the Southeast corner of the 0.97t acre tract described in Lubbock County
Clerk File Number (CCFN) 2017000715 and a corner of this tract;
THENCE for this and the following 3 calls along a common line with the 0.97t acre tract, N
01 °45'48" E, 363.82 feet to a found 1 /2" iron rod with red cap for a corner of this tract;
THENCE N 88010'31"W, 15.12 feet to a found 1/2" rod with red cap for a comer of this tract;
THENCE S 0104211" W, 75.08 feet to a found 1/2" rod with red cap for a comer of this tract;
THENCE N 88°1412" W. 128.55 feet to the most Westerly Southwest corner of this tract, from
which the center of a steel post bears S 15* E, 0.73 feet;
THENCE N 01 °4548" E, 85.28 feet to the most Westerly Northwest corner of this tract from which
the center of a steel post bears N 390 E, 2.53 feet;
THENCE S 88010'35" E, 69.77 feet to a set Abacus Cap for a corner of this tract;
THENCE N 01 "4548" E, 282.58 feet to a set Abacus Cap for the most Northerly Northwest
comer of this tract;
THENCE S 88°10'35" E, 227.38 feet to the PLACE of BEGINNING containing 3.094 acres.
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M. CIIESZINSM
These notes repress a survey made on the ground, J....NN.N.,N.,...7.N
J. M. Cieszinski, RPLS # 4460 4aso /
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