HomeMy WebLinkAboutOrdinance - 2006-O0057 - Amending Zoning Ordinance: Zone Case NO 3058 - 04/26/2006First Reading
April 26, 2006
Itea No. 6.4
ORDINANCE NO. 2006-o0057
Second Reading
October 13, 2006
Itea No. 5.3
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3058; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR RESIDENTIAL ESTATES ON 212.763 ACRES OUT OF
SECTIONS 35 AND 38, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duJy
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, 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 29-24 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. 3058
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from T to R-1 Specific Use for residential estates under
provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock
on 212.763 acres out of Sections 35 and 38, Block AK, City of Lubbock,
Lubbock County, Texas, located at 50th Street east of Upland Avenue, and
being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SECTION 2. THAT the granting of this specific use zoning is hereby made
subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
including particularly, but not limited to, Section 29-24 of the Codified Zoning
Ordinance, which provides that a Building Pennit shall be applied for and secured
within thirty (30) months of the effective date of the zone change or all undeveloped
property shall automatically revert back to the previous zoning classification, which in
this case is the T zone district; and if such reversion occurs, the Director of Planning is
directed to remove from the Zoning Map the legend indicating such specific use. The
Specific Use authorized by this Ordinance is permitted Wider provision of Section 29-24
(c) (3) of Codified Zoning Ordinance No. 7084 on the property described as Sections
35 and 38, Block AK, City of Lubbock, Lubbock County, Texas.
SECTION 3. 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 29-31 of the Zoning Ordinance 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.
Zone Case No. 3058
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 26th day of _ ___::Ap:xr:..:i::l::....___, 2006.
Passed by the City Council on second reading this 13th day of October , 2006.
~~1(;;-
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC3058
April 6, 2006
Zone Case No. 3058
page-3 of3
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PARCEl~ ONE: Zone Case No. 3058 Exhibit "A" Ordinance Ho. 2006-o0057
Being a tract or parcel of land out of Tract Nine (9) of the Lowrey
Subdivision (also known as the Lowery Subdivision) of Sections 35 and
38, Block AX, Lubbock County, Texas, and being more particularly described
by metes and bounds as follows:
BEGINNDIG at a point in the West line of said Section 38, Block AK, Lubbock
County, Texas, sai d point being the Northwest corner of Tract Nine (9) of
said Lowrey Subdivision Subdivision (and a'lso being the Southwest corner
of Tract Eleven (11) of said Lowrey Subdivision), all as located u,pon the
ground, said point marked by a 3/4" iron pipe found driven near the center
line of a North-SOuth paved County Road and being located North 0°02'1511
West of the Southwest corner of said Section 38, Block AJC~
THENCE South 0°02'15• East along· the west boundary 1ine of said Section 38,
at 62 feet pass a R.R. spike~ at 1318.3 feet pass.the Southwest corner of
said Section 38, and the Northwest corner of said Secti9n 35, Block AK,
in all 1976.1 feet to a r.ailroad spike found driven in pavement for the
Northwest corner of Tract 8, ~rey Subdivision and the Southwest corner
of this parcel of land;
THENCE East, at 40.0 feet pass a 1" galvanized iron pipe found on the East
side of road, in all 4845.5 feet to a 1" galvanized iron pipe found at the
Northeast corner of Tract 8, said Lowrey Subdivision and the Southeast corner
of this parcel of land; •
'IHBNCB North 0°06'35i' Bast, at 647.6 feet cross the North line of said
Section 35 and the South line of said Section 38, in all 1969.3 feet to a
3/4" galvanized iron pipe found at the southeast corner of Tract 11 and also
being the Northeast corner of Tract 9 of said Lowrey Subdivision for the
Northeast corner of this parcel of land; '
THENCE North 89°55'10" West along the North line of said Tract 9 {also being
the South lide of said Tract 11), at 4aPS. 6 feet pass a 3/8" ·iron rod found
set on the East side of road, in all a ~istance of 4850.6 feet to the place
of BEGINNING, and containing 219.553 acres of .land,
SAVE AND EXCEPT, and there is excluded ~rom this conveyarice,a 6.79 acre tract
of land which is the most northerly part of Tract 9 of said Lowrey SUbdivision,
described by metes and bounds as follows:
BEGINNING at the Northwest corner of said 219.553 acre parcel of land, as
described above, said point being marked by said 3/4" iron pipe found driven
near the center line of said North-south paved County Road for the ·southwest
corner of Tract 11, and the'Northwest corner of TraCt 9 of said Lowr~y Snbdi-
v~s~on; THENCE In Sn easterly direction along the North line of said Tract
9 (also being the south line of said Tract 11) a distance of 4850.6 feet,
more or less, to the Northeast corner of said Tract 9 (also being the Southeast
corner of said Tract 11), said point bein9 Jna.rked by a 3/4" G.I'.P.;
THENCE in a southerly direction alonq the East line of said Tract 9 a distance
of 60 feet to a 3/8" rod for the Southeast corner of this tract;
THENCE west a distance of 4850 feet, more or less, to a point in the West
boundary of said· section 38, said point being marked by a R.R. spike;
THENCE in a northerly dire.ction along the West line of said Tract 9 a distance
of 62 feet to. the place of BEGINNING, ·containing 6. 79 acres.
This conveyance is a net of 212 .. 763 acres, being 219.553 acres, less said
6.79 acres. 1
This conveyance is subject to any valid and subsisting 9il, gas and mineral
lease affecting said property and shown of ~ecord; and
This conveyance is subject
of-way, roadways, or other
of record.
to any valid and subsisting easements, rights-
dedic~tions existing up~~nd or shown
EXHIBIT "A 11 ~ •