HomeMy WebLinkAboutOrdinance - 2011-O0034 - Amending Zoning Ordinance 7084. Zone Case 2909-B - 03/22/2011First Reading
March 22, 2011
Item No. 6.7
ORDINANCENO._~2~0=11~-~0=00~3~4_
Second Reading
April 14, 2011
Item No. 5.18
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
HANGES: ZONE CASE NO. 2909-B; A ZONING CHANGE FROM IHC TO A-2
ON ING DISTRICT ON 13.98 ACRES OF UNPLA TTED LAND OUT OF BLOCK
K, SECTION 36, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
ONDITIONS; PROVIDING A SA VINOS CLAUSE AND PROVIDING FOR
UBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
resented to the Planning and Zoning Commission for its recommendation which was
eceived by the City Council and, after due consideration, the City Council found that due
o changed conditions, it would be expedient and in the interest of the public health,
afety and general welfare to make those proposed changes in zoning; and
WHEREAS, the 1986 Comprehensive Land Use Plan as amended is a guide to
elp the Lubbock Planning and Zoning Commission and City Council detennine the
hysical development of the community; however, planning is a continuous process and
hange is inevitable; and
WHEREAS, the Lubbock Planning and Zoning Commission and City Council
ecognize that the zone change is a minor deviation from the 1986 Comprehensive Land
se Plan as amended, which protects public and private commitments that have been
reviously based on the Plan; and
WHEREAS, all conditions precedent required by law for a valid amendment to
he Zoning Ordinance and Map have been fully compiled with, including giving notices
,·n compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock,
exas, and the notices provided by the Texas Local Government Code §211.007 (Vernon,
I 990), and notice was duly published in the Lubbock A valanche-Joumal more than
ifteen ( 15) days prior to the date of the public hearing before the City Council on such
roposed amendment, and the public hearing according to said notice, was held in the
ity Council Chamber of the Municipal Building, Lubbock, Texas, at which time persons
ppeared in support of the proposal; and after said hearing, it was by the City Council
etennined that it would be in the public interest, due to changed conditions, that the
oning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in
he body of this Ordinances and this Ordinance having been introduced prior to first
eading hereof; NOW THEREFORE:
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2909-B
SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are
ended 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 IHC to A-2 zoning district on 13.98
..
acres of unplatted land out of Block AK, Section 36, City of Lubbock, Lubbock
County, Texas located at north of 661h Street and west of Justice Avenue,
subject to conditions and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT should an apartment complex not be constructed on the "A-2"
parcel before August 31, 2012, the zoning on that parcel will revert to
"IHC" Interstate Highway Commercial zoning.
SECTION 2. THAT violation of any provisions of this Ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/ I 00
ollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City
fLubbock.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of
his Ordinance be declared unconstitutional or invalid for any reason, the remainder of
his Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause publication
f the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
assed by the City Council on first reading on ____ ...;Ma=r~c,;;,;;,h...;2::....:2~,--=-20.;:..;l::....:l=-------
Passed by the City Council on second reading on ___ _.A~p...,.r..,,.il ......... 1""'4..a.., _.2,...0,...1_.,._1 ___ _
ATTEST:
c;k,#~
TO~fMARTIN, MAYOR
Zone Case No. 2909-B
page -2 of 3
PPROVED AS TO CONTENT:
ScJ't'--
Randy Henson.
i\PPROVED AS TO FORM:
1Chad Weaver
!Assistant City Attorney
""ICi1yAtt/ChadlZ,>11cs/zc290<l-B
l\.lan:h J. 201 I
Zon<' Case No. ]<JO<J-13
puge -J of"J
Ordinance No. 2011-00034
HUGO REE• AND ASSOCIATES, INC.
LAND SURVEYORS
CIVIL ENGINEERS
1I01 AVBNUI N I LUBBOCK, TBXAS 11401 I IOllfH•H42 / FAX IOIIITIJ-:IH1
TEXAS REGISTERED ENGINEERING FIRM F•7IO
TEXAS LICENSED SURVEYING FIRM IOOIH-00
METES AND BOUNDS DESCRIPTION of an approximate 13.98 aae tract of land located in Section 36, Block AK,
Lubbock County, Texas, being further described as follows:
---• BEGINNING at a point In the South Hne of Section 36, Block AK, which bears S. 88°12•49• E. an approximate
distance of 880.4 feet from the Southwest comer of Section 36, Block AK, Lubbock County, Texas;
THENCE N. 01•49•5r E. an approximate distance of 707.0 feet;
THENCE s. 88°1 0'Or E. an approximate distance of 881.5 feet to a point In the ~nterilne of Justice Avenue;
THENCE S. 01°49'5&-W., along the centerline of said Justice Avenue, an approximate distance of 706.3 feet to a
point In the South line of Section 38, Block AK;
THENCE N. 88°12'4&-W., along the South llne of Section 36, Block AK, an approximate distance of 881.5 feet to
the Point of Beginning.
PREPARED FOR ZONE CHANGE PURPOSES ONLY AND DOES NOT REPRESENT A SURVEY. THIS
DESCRIPTION SHALL NOT BE RECORDED FOR ANY PURPOSE.
Prepared for CMS Properties, January 31, 2011.
Ordinance No. 2011-00034
sas0 10·01"E as1.s-
FUTURE -STREET
APPROXIMATELY 13.98 ACRES
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66/h STREET
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N88°12'49'W
THIS POINT BEARS S88"12'49"E AN
APPROXIMATE DISTANCE OF 880.4' FROM
THE SW CORNER OF SECTION 38, BLOCK AK
861.5'
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