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Home My WebLink AboutOrdinance - 2008-O0093 - Amending Zone Case No. 3111; 79.341 Acres; MHMR Addition - 10/23/2008First Reading October 23,. 2008 Itea No. 6.3 ORDINANCE NO. __ 2008-o0093 Second Reading Noveaber 6,. 2008 Itea lilo. 5.5 AN ORDINANCE AME~"DING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3111; A ZONING CHANGE FROM R-1 TO AM ZONING DISTRICT ON 79.341 ACRES OF UNPLATTED LAND OUT OF BLOCK B, SECTION 3 AND TRACT A, MHMR ADDITION, 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, the 1986 Comprehensive Land Use Plan as amended is a guide to help the Lubbock Planning and Zoning Commission and City Council determine the physical development of the community; however, planning is a continuous process and change is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council recognize that the zone change is a minor deviation from the 1986 Comprehensive Land Use Plan as amended, which protects public and private commitments that have been previously based on the Plan; 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: ZONE CASE NO. 3111 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 R-1 to AM zoning district on 79.341 acres of unplatted land out of Block B, Section 3 and Tract A, MHMR Addition, City of Lubbock, Lubbock County, Texas, located at Soutb of 19th Street between Aspen Avenue and Guava 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 Noll 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 23ni day of October Passed by the City Council on second reading this 6th day of November ATTEST: APPROVED AS TO CONTENT: Zone Case No. 3111 page-2 of2 TOM MARTIN, MAYOR '2008. '2008. APPROVED AS TO FORM: c:Lt~ Chad Weaver Assistant City Attorney vw/cityatt/Chad/ZoneCaseiZC3 I II 10.02.08 Zone Case No. 3111 page-3 of2 '· .. a 3, . Plat ~~d;· Fi~Jd .· · 79.341 . Aa.re i~oct · ou.f"-'6-f· Block B; Lubboc~ C(?~.~;·ty, ' . . ., FIELD NOTES on a 79.341 acre tract out of Sectlon 3, Block ~. LubbOCk County. ·Texas.. anti-out of the~ ln. ·. ~· Volume 23~, P9 91, lubbock County Real Property Records and being fufther described· by; m*-'d ~as follows: ' • · ' • ' -• • · · • .;, ··~ I :. BEGINNING at a fOund cod with yellow cap in the South line of ,east' 191tl Street and thft'E~ line Olt.~eetion 3 .R.i.~ Northeast comer of thls tract and havinSI Texas North Central Zone c~es of NOfth.-72~793.~~:. Ea.t9632'70'~ which is called to bearS oo 01' 22" W, 30 feet fi'orn the Northea,st comer of section 3; · -~ · · -. .. · • , • • 1 • • •."' r .. ~··~_,...~ •, THENCE 501.48'19" w.(Texas North central Z9fl8 Searing Basis} atong rhe East ~ne of Secflon-'3 i~ ~Wesi~bf. -~ ·-.. ' Sectk>n 2, Btodt B. 190Hl2 ,.t to a found 318" iron r01i fOr the Southeast comer Of this tract:. • • • · · .. . . . THENCE N68-013'15w W. along th• North tine of'1he tract desciibed in VolUme 1308, Page 12Q..~~ ~ .... Records, 1616.63 '"' to $et 112ft rod witt\ cap m~ed RPLS 4460 f<?r the Southe,ast comer of Tract~-~ AdcfllipA. . and the most Southerty Southwest comer of th1s tract; " · •.. THENCE N01.44'45'' E. along tne East line-of said Tract A. 367.86 feet to i!l set 1/28 rOd with -cap ror a Souttterty Corner. of Aspen Avenue; THeNCE NJ4•46'53" E. along a Southerty line o# Aspen Avenue, 56.00 feet to set 112" rocfwi1h cap, -., . THENCE N55.13'•9" W. along an Easterty line of Aspen Avenue. 407.78 teat to sot 112" rod IMth cap: THENCE Nottl'lweste!iy, 'Nith a curve to the right' and an Easter1y line of Aspen Avenue, .N~Wing a radius of 50..00 feet; a central angle of 56"4a'36". a ChOrd dista.nce of 47.51 feet. 8Ad a chord beeringof N26•-48'SG" W. to • found_if2'"·rod ror a comer Of this traCI; .·. , . . . .. - THENCE N01.44'06~ E, along the East line of Aspen Avenue, 1157.75 feet· to a found rod with yeltoyiel!fP·P (~ ~(!f this tract; · • . . · ·•. · . . .. ·' .. THENCE Northeast.erty, ...n.th· a curve to the "9h't, heving a nldlus of 15.00 fMt, a central. angle. of seo2if'of-;. motq' distance of 20.91 feet, and a chord bearing Of N-46•15'36" E, to a set 112'" r.od wiU, cap; · · · ·. ·-.~ ~:,.,. ~ . I .. , -•,.' 1'\, THENCE fof \hi$ and the next two calls along ~e South Right ~Way line of Eas11W't Su.t, S88"35'07" Ei 12&1'.52 f..t. to a folA(ld f9d: Vo'ith y.tlow CfP tor a comer of thiJ t,..c:t; · , . THENCE Naa•oasr E, 648.58 feet to a found rod v.ffh yelloW cap for a comer of ihts tract; : . . . ' .. ~ .\. ' THENCE S88.13'38" E, 26.54 feet to the. PlACE of BEGINNING and containing 79.341 Acnrs, including any Right of w~. . -· . :.