HomeMy WebLinkAboutOrdinance - 2005-O0044 - VOID Applicant Will Not Continue For Zoning Change - 04/28/2005First Reading
April 28, 2005
Item28
ORDINANCE NO. 2005-o0044
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2538-B; A ZONING CHANGE FROM~-1 TO A-2
ZONING ON 11.374 ACRES OF UNPLATTED LAND OUT OF SECTION 42,
BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENAL"L-Y; 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 considera ·on, the City Council fQund that due
to changed conditions, it would be expedient an in the interest of the public health,
safety and general welfare to make those propos changes in zoning; and
WHEREAS, all conditions precede required by law for a valid amendment to
the Zoning Ordinance and Map have bee fully complied with, including giving notices
in compliance with Section 29-29 of Code of Ordinances, City of Lubbock, Texas,
and the notices provided by the Texas ocal Government Code §211.007 (Vernon, 1990),
and notice was duly published in Lubbock Avalanche-Journal more than fifteen (15)
days prior to the date of the pub c hearing before the City Council on such proposed
amendment, and the public he · g according to said notice, was held in the City Council
Chamber of the Municipal Bu· <ling, Lubbock, Texas, at which time persons appeared in
support of the proposal; and er said hearing, it was by the City Council determined that
it would be in the public · · erest, due to changed conditions, that the Zoning Ordinance
and the Zoning Map be ended in the manner hereinafter set forth in the body of this
Ordinance and this Ord· ce having been introduced prior to first reading hereof; NOW
THEREFORE:
BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2538-B
THAT Ordinance No. 7084 and the Official Zoning Map are
A ch ge of zoning under the provisions of Section 29-29 of the Code of
Ordi ces of the City of Lubbock from R-1 to A-2 zoning district on 11.374
acre of unplatted land out of Section 42, Block AK, City of Lubbock, Lubbock
Co ty, Texas, located west of Upland Avenue and south of 26th Street, and
further described as follows:
M TES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
CTION 2. THAT violation of any provision of this Ordinance shall be deemed
a misd eanor punishable by fine not to exceed Two Thousand and No/100 Dollars
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance ~City of
Lubbock.
SECTION 3. THAT should any paragraph, sentence clause, phrase or word of
this Ordinance be declared unconstitutional or invalid fo any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is ereby authorized to cause publication
of the descriptive caption of this Ordinance as alternative method provided by law.
AND IT IS 0 ORDERED.
Passed by the City Council on first rea mg this 28th day of_.....;Ap=r=i=l ___ , 2005.
Passed by the City Council on seco dreading this __ day of ______ , 2005.
ATTEST: I
APPROVED A
as/cityatt/Linda/ZoneCase/ZC2538-B
April 7, 2005
MARC McDOUGAL, MAYOR
Zone Case No. 2538-B
page-2 of2
Zone Case No. 2538-B
Exhibit "A"
:tvfETES AND BOUNDS DESCRIPTION of a 11.374 acre tract ofland located in th
Southeast Quarter of Section 42, Block AK, Lubbock County~ Texas~ being nn-t·hpf'
described as follows:
BEGINNING at a "PK" nail with shiner set for the Northeast comer the Southeast
Quarter of Section 42 and the Northeast comer of this tract wbi aers N. 00°05'0811 E.
a distance of2644.40 feet from the Southeast comer of Sectio 2, Block AK;
THENCE S. 00°05'08" W., along the East line ofSectio 2, a distance of720.00 feet to
a "PK" nail with shiner set for the Southeast comer of · s tract;
lHENCE N. 89°58'30" W., at 55.00 feet pass a 1 " iron rod with cap set in reference,
continuing for a total distance of 688.14 feet to 1/2" iron rod with cap set for the
Southwest comer of this tract;
THENCE N. 00°05'08" E., at 688.00 fee pass a 112" iron rod with cap set in reference,
continuing for a total distance of720.0 feet to a 1/2" iron rod with cap set in the North
line of the Southeast Quarter of Sec · n 42 for the Northwest comer of this tract;
THENCE S. 89°58'30" E.~ along e North line of the Southeast Quarter of Section 42, at
633.14 feet pass a 1/2" iron rod ·th cap set in reference~ continuing for a total distance
of 688.14 feet to the Point of eginning.
Bearings are relative to the orth line of the Southeast Quarter of Section 42, Block AK
being previously reco · d as N. 89°58'30" W.
CERTIFICATION T
I, Brent Carroll, Te Registered Professional Land Surveyor No. 5410, do hereby
certify that this ey was made on the ground and is in substantial compliance with
Standard TREC C ntract Form No. 20-6, As graphically plotted on Pane1280 of 500 of
the Flood Insur Rate Map published by the Federal Emergency Management Agency
(FEMA) for Lub ck County, Texas and incorporated areas, Map No. 48303C0280 D,
effective date S tember 18, 2002, this property lies in ZONE X.
January 31,200
Brent Carroll
Registered Pro essional Land Surveyor
No. 5410 State ofTexas
V 0 I D
APPLICANT WILL
NOT CONTINUE FOR
A ZONING CHANGE
NEVER FINALIZED
Page I ofl
Linda Hart -ordinance 2005-0044
From: Randy Henson
To: Becky Garza; Linda Hart
Date: 10/3/2006 11:32 AM
Subject: ordinance 2005-0044
Further research finds that this case was abandoned by the applicant, who requested that a second reading not
take place. So, the ordinance is a moot or void issue however you need to make that clear in the folder. We
typed a large print note and placed in the file down here.
thanks, again -sorry for the troubles, but we got two cleared up and did not on the Council agenda. thanks
file://C:\Documents and Settings\17273\Local Settings\Temp\GW}OOOOl.HTM 10/3/2006
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