HomeMy WebLinkAboutOrdinance - 8711-1985 - Amend. Zoning Ord. #7084 And Lubbock Map For Changes: Zone Case #2011-A - 01/28/1985LJM:da
January 28. 1985
Agenda Item #6
Emergency Reading
ORDINANCE NO. 87ll -----
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2011-A; CHANGE A TRACT OF LAND OUT OF SECTION 35, 36, 37 AND 38, BLOCK AK,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 AND A-1 TO R-2 AND M-1
ZONING DISTRICTS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS
II PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE;
1l PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY.
II
I
I
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 finds that due to changed conditions, it would be expedient
and in the interest of the public health, morals, and general welfare to
make those proposed changes in zoning; and
WHEREAS, an emergency exists concerning the safe, orderly and health-
ful growth and development of the City in order to assure the immediate 'I preservation of the public peace, property, health, safety and general
,
1
1 welfare of the public residing within the City and such emergency requires
suspension of the rule requiring that no Ordinance shall be finally passed
1j on the day of its introduction, and requires that this Ordinance become
effective immediately upon its passage; and
I I!
I
WHEREAS, all conditions precedent required by law for a valid amend-
ment to the Zoning Ordinance and Map have been fully complied with, as well
as giving notices in compliance with Section 29-29 of the Code of Ordin-
ances, City of Lubbock, Texas, as well as notices provided by Article
1011f, Vernon's Annotated Civil Statutes, 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 duly held in the City
Council Room of the City Hall, Lubbock, Texas, at which time persons
I
I 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
j changed conditions, that the Zoning Ordinance and the Zoning Map be amended
I in the manner hereinafter set forth in the body of this Ordinance and this
Ordinance having been introduced prior to first reading hereof; NOW I! THEREFORE:
l!
II
II li
II !;
j! ,r !I ll
!l
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2011-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby amended as follows, to-wit:
I I l
Change a tract of land out of Section 35, 36, 37 and 38, Block AK,
City of Lubbock, Lubbock County, Texas, from R-1 and A-1 to R-2 and
M-1 Zoning Districts located at Brownfield Road and Milwaukee Avenue,
subject to conditions and being further described as follows:
M-1
METES AND BOUNDS DESCRIPTION of a 218.127 acre tract located in
Sections 35, 36, 37 and 38, Block A-K, Lubbock County, Texas, being
further described as follows:
BEGINNING at a point which bears West 430.00 feet and N. 00°06'18" E.
a distance of 2278.00 feet from the common corner of Sections 35, 36,
37 and 38, Block A-K, Lubbock County, Texas;
THENCE S. 72°08' E. a distance of 3152.66 feet;
THENCE Southeasterly, around a curve to the right, said curve having a
radius of 892.29 feet, a central angle of 06°05', and a chord distance
of 94.69 feet;
THENCE Southwesterly, around a curve to the right, said curve having a
radius of 714.49 feet, a central angle of 113° 52', tangent lengths of
1097.42 feet, and a chord distance of 1197.54 feet;
THENCE Southwesterly, around a curve to the right, said curve having a
radius of 892.29 feet, a central angle of 06°05', and a chord distance
of 94.69 feet;
THENCE S. 53°54' W. a distance of 165.06 feet;
THENCE North a distance of 30.94 feet;
THENCE S. 53°54' W. a distance of 1481.62 feet;
THENCE S. 36°06' E. a distance of 25.00 feet;
THENCE S. 53°54' W. a distance of 1802.44 feet;
THENCE North a distance of 30.94 feet;
THENCE S. 53°54' W. a distance of 546.54 feet;
THENCE N. 00°06'18" E. a distance of 4555.78 feet to the Point of
Beginning.
- 2 -
,I
I ! lj
I
R-2
METES AND BOUNDS DESCRIPTION of a 7.54 acre tract located in Section
37, Block A-K, Lubbock County, Texas, being further described as
follows:
BEGINNING at a point which bears East a distance of 1526.32 feet and
S. 00°02' W. a distance of 1793.00 feet from the Northwest corner of
Section 37, Block A-K, Lubbock County, Texas;
THENCE N. 45° E. an approximate distance of 390.32 feet;
THENCE East an approximate distance of 1052.14 feet;
THENCE South an approximate distance of .276.00 feet;
THENCE West an approximate distance of 1328.14 feet to the Point of
Beginning.
M-1
METES AND BOUNDS DESCRIPTION of a 112.38 acre tract located in Section
37, Block A-K, Lubbock County, Texas, being further described as
follows:
BEGINNING at a point which bears East a distance of 169.60 feet and S.
00°02' W. a distance of 1793.00 feet from the Northwest corner of
·I Section 37, Block A-K, Lubbock County, Texas;
l THENCE East an approximate distance of 2684.86 feet;
THENCE South an approximate distance of 2255.76 feet;
THENCE N. 72°08' W. an approximate distance of 2821.75 feet; I I I THENCE N. 00°02' E. an approximate distance of 1390.30 feet to the
: Point of Beginning. I SUBJECT TO THE FOLLOWING CONDITIONS:
,!
I I
!
!I
II !I
1! h
a.
b.
Lots 42-44 -IDP uses only -not other requirements of the lOP
sect ion. «' ~ ~~ \\,,~
IDP zoning on Lots 88-1081 o.....J. \ o-1 S "\ S ~ 't\ rl Lt I., •
c. A six (6) foot masonry fence shall be constructed on the north
property line of the industrial area.
-3 -
d. On Lots 43-45, all outside storage must be screened with a six
(6) foot solid screen fence and no explosive or flammable
materials may be stored on the premises.
SECTION 2. THAT violation of any provisions of this Ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed two hundred
dollars as provided in Section 1-4 of the City Code.
SECTION 3. THAT due to the fact that an emergency exists concerning
the safe, orderly and healthful growth and development of the City in order
to assure the immediate preservation of the public peace, property, health,
safety and general welfare of the public within the City; therefore the
rule requiring that no Ordinance shall be finally passed on the day of its
introduction is hereby suspended and this Ordinance shall become effective
immediately upon its passage, as provided by the Charter of the City of
Lubbock.
SECTION 4. 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 5. 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 City Council this 28th day of January , 1985.
ALA~Ai;
City Attorney
- 4 -
INTEROFFICE MEMORANDUM
TO: REBECCA GARZA, CI1Y SECRETARY y
FROM: LINDA CHAMALES, SENIOR A ITORNEY, OFFICE PRACTICE .:::~tl~
SUBJECT: ORDINANCE 8711
DATE: 3/10/2008
CC: RANDY HENSON, CI1Y PLANNER
BACKGROUND OF ORDINANCE
Ordinance 8711 was based on Zone Case No. 2011-A recommended to the City Council
by the Planning and Zoning Commission for passage on the January 28, 1985 and two
previous agendas. It has come to my attention that there was a scrivener's (clerical) error in
the second condition (b) on Page 3 of 4. The error was discovered when the area began to
develop, was pointed out to this office by planning staff, and needs to be corrected.
After a careful review of the minutes from the Planning Commission in December,
1984, and the City Council Minutes from January 28, 1985, as indicated below, it is my
opinion that the condition should have read "IDP zoning on Lots 88-108 and Lots 45 and
46."
In the Planning Commission, the action was:
"Upon motion made by BOB SCHMIDT and seconded by NORMAN
IGO, the Commission unanimously APPROVED the change to M-1 with
the recommendation of IDP zoning for Lot 45 in the proposed Santa Fe
Industrial plat, as well as all lots in the proposed plat which are adjacent to
Milwaukee, and a 6-ft masonry screening fence on the south line of the
power utility. Lots 43 and 44 will be designated for IDP uses only, but not
IDP development standards."
It should also be noted that a review of the proposed plat reveals that lots 88-108, as well as
lots 45 and 46, are all adjacent to Milwaukee.
The January 28, 1985 City Council Minutes recorded the Planning Staff
recommendation, the Planning Commission recommendation, and the amended conditions
approved by the Council in a prior hearing:
"As per the outcome of the land use hearing, the Planning Staff
recommended approval based on:
1. IDP on Lots 88-108 and Lots 42-46.
2. Buffer the area to the north of the Southwestern Public Service
easement with a minimum of a solid screening fence on the south
line of the power easement.
Planning Commission recommended approval subject to the following
conditions:
1. Lots 42-44-IDP uses only-not other requirements of the IDP
section.
2. IDP zoning on Lots 88-108.
3. 6' masonry fence on the north of the industrial area.
In the prior hearing the Council amended the conditions as follows:
4. A 6' masonry fence shall be constructed on the north property
line of the industrial area.
5. On Lots 43-45, all outside storage must be screened with a 6'
solid screen fence and no explosive or flammable materials may
be stored on the premises.
Motion was made by Councilwoman Baker, seconded by Councilman
Patterson passing on emergency reading Ordinance #8711, as recommended
by the Planning Commission and Staff. Motion carried: 7 yeas; 0 Nays."
Reconciliation of the staff recommendation and the Planning Commission recommendation,
as required by the council's motion, indicates that lots 45 and 46, which are adjacent to
Milwaukee, should have been listed as IDP zoning in condition b along with Lots 88-108,
and were inadvertently omitted.
LEGAL ANALYSIS
As incident to its powers of a governmental nature, the city has the power and the duty
to exercise these powers and rights to make its official records truly speak the action of a city
board. State ex.relBrauer v. Ct!J of Del Rio, 92 SW2d 287, 289. Mistake in an instrument which
is drawn with the intention of carrying into execution an agreement which was previously
made, but which, by mistake or inadvertency of the draftsman, does not fulfill the intention
of the parties may be corrected by reforming the instrument. I d.
CONCLUSION
Because correcting the typographical omission in Ordinance 8711 more dearly reflects
the intent of the Council and the recommendation of the P & Z, and because the city has the
duty to have its records reflect the action of the Council by reforming the instrument to
conform to these intentions, I have attached a corrected page 3 of 4 to replace page 3 of the
ordinance as signed and be inserted in the original ordinance. Thank you for your assistance
in this matter. If you have questions, please contact me at 775-2215.
R-2
METES AND BOUNDS DESCRIPTION of a 7.54 acre tract located in Section 37,
Block A-K, Lubbock County, Texas, being further described as follows:
BEGINNING at a point which bears East a distance of 1526.32 feet and S. 00°02' W. a
distance of 1793.00 feet from the Northwest corner of Section 37, Block A-K, Lubbock
County, Texas;
THENCE N. 45° E. an approximate distance of390.32 feet;
THENCE East an approximate distance of 1052.14 feet;
THENCE South an approximate distance of276.00 feet;
THENCE West an approximate distance of 1328.14 feet to the Point ofBeginning.
M-1
METES AND BOUNDS DESCRIPTION of a 112.38 acre tract located in Section 37,
Block A-K, Lubbock County, Texas, being further described as follows:
BEGINNING at a point which bears East a distance of 169.60 feet and S. 00°02' W. a
distance of 1793.00 feet from the Northwest corner of Section 37, Block A-K, Lubbock
County, Texas;
THENCE East an approximate distance of2684.86 feet;
THENCE South an approximate distance of2255.76 feet;
THENCE N. 72°08' W. an approximate distance of2821.75 feet;
THENCE N. 00°02' E. an approximate distance of 1390.30 feet to the Point of
Beginning.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. Lots 42-44-IDP uses only-not other requirements of the IDP section.
b. IDP zoning on Lots 88-108 and Lots 45 and 46.
c. A six ( 6) foot masonry fence shall be constructed on the north property line of the
industrial area.
-3-