HomeMy WebLinkAboutOrdinance - 2008-O0086 - Amending Zoning Ordinance To Change Case 2011-D For Apartments On 11.992 Acres - 09/25/2008First Reading
Septe.ber 25. 2008
Item. No. 6.1
ORDINANCE NO. 2008-Q0086
Second lleading
October 9. 2008
Item. No. 5.4
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2011-D; A ZONING CHANGE FROM M-1 TO A-2
ZONING DISTRICT FOR APARTMENTS ON 11.992 ACRES OF UNPLATTED
LAND OUT OF BLOCK AK, SECTION 37, 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, 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 29-29 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:
WNE CASE NO. 2011-D
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from M-1 to A-2 zoning district for
apartments on 11.922 acres of unplatted land out of Block AK, Section 37,
City of Lubbock, Lubbock County, Texas, located at 50th Street and Ironton
Avenue.
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/1 00 Dollars
($2,000.00) as provided in Section 29-31 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 25th day of September
Passed by the City Council on second reading this 9th day of October
TO~ MARTIN, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~
Chad Weaver
Assistant City Attorney
vw/cityatt/Chad/ZoneCaseiZC20 11-D
September 5, 2008
Zone Case No. 2011-D
page-2 of2
'2008.
'2008.
c
Autrey, McDaniel & Dulin, LP
Rezone to "A-2"
c
Ordinance No. 2008-Q0086
CIVIL ENGINEERING
LAND PLANNING
FIELD NOTES provided by Abacus Engineering Surveying on an I I .992 acre tract out
of Section 37, Block~ Lubbock County, Texas and also out of the 64.790 acre tract
described in Volume 8793, Page 325, Lubbock County Real Property Records and being
further described by metes and bounds as follows:
BEGINNING at a found iron rod with yellow cap having Texas North Central Zone
Coordinates ofNorth: 7265109.92, East: 917621.10, at the Northeast comer of the 64.790
acre parent tract for the Northeast comer of this tract which bears N01 °52'52" E (Texas
North Central Zone Bearing Basis), 1453.29 feet and 888°07'08" E, 2141.94 feet from
the calculated Southwest comer of Section 3 7;
THENCE Sl9°41'26" W, along the East line of the parent tract, 790.35 feet a found rod
with yellow cap at a comer of the parent tract for the Southeast comer of this tract;
TIIENCE N70°18'33" W, 660.93 feet a set 1/2" rod with cap marked RPLS 4460 for the
Southwest comer of this tract;
THENCE Nl9°41'17" E, 790.35 feet a set 112" rod with cap in the old West Texas and
Lubbock Railroad Right of Way for the Northwest comer of this tract;
THENCE S70°l8'33" E, along the said old Right of Way line, 660.93 feet the PLACE of .
BEGINNING and containing 11.992 Acres, including any Right ofWay.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A
SURVEY.
Prepared for: Burl Masters
August 14, 2008