HomeMy WebLinkAboutOrdinance - 2009-O0024 - Amending Zoning Ordinance: Case No. 1147-A; From M-1 To A03; Multi Family Apts - 03/23/2009First Reading
March 23, 2009
Itea No. 6.3
ORDINANCE NO. 2009-o0024
Second lleading
April 9, 2008
!tea No. 5.7
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1147-A; A ZONING CHANGE FROM M-1 TO A-3
ZONING DISTRICT FOR MULTI FAMILY APARTMENTS ON 8.133 ACRES OF
UNPLATTED LAND OUT OF BLOCK A, SECTION 77, 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 compiled 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
Ordinances 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. 1147-A
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-3 zoning district for multi
family apartments on 8.133 acres of unplatted land out of Block A, Section
77, City of Lubbock, Lubbock County, Texas located at 1610 NE Loop 289,
being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
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/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 23nlday of March , 2009.
Passed by the City Council on second reading this 9th day of April, 2009.
TOM MARTIN, MAYOR
ATTEST:
'ED AS TO y~NTENT:
kfens~
CHad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/zcll47-A
March 6, 2009
Zone Case No. I 147-A
page-2 of2
LAND SURVEYORS
CIVIL ENGINEERS
0
HUGO REED AND ASSOCIATES. INC.
1601 Avenue N I Lubbo<:t, Texu 79401 /8061763-5642/ FAX 80&'763·3891
Ordinance No. 2009-o0024
METES AND BOUNDS DESCRIPTION of an approximate 8.1 acre tract of land located in Section 77, Block A, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the West right-of-way line of Martin Luther King Jr. Boulevard and the South line of the North half of
Section 77 for the Southeast comer of this tract which bearsS. 89°40' W. an approximate distance of30.0 feet from the Southeast
comer of the North half of Section 77, Block A, Lubbock County, Texas;
THENCE S. 89°40' W., along the South line of the North halfofSection 77, an approximate distance of660.0 feet to a point for
the Southwest comer of this tract;
THENCE N. 00°27'30" W. an approximate distance of 409.6 feet to a point for the most Westerly Northwest comer of this tract;
THENCE N. 89°40' E. an approximate distance of 190.0 feet to a point for an "elt" comer of this tract;
THENCE N. 00°27'30'' W. an approximate distance of245.4 feet to a point in the South right-of-way line of Loop 289 for the
most Northerly Northwest comer of this tract;
THENCE S. 77°07'15" E .. along said South right-of-way line, an approximate distance of3l3.0 feet to a point of intersection;
THENCE Southeasterly. continuing along said South right-of-way line around a curve to the right. said curve having a radius of
215.0 feet, chord bearing ofS. 38°47'43" E. and an approximate chord distance of266.7 feet to a point of intersection in the West
right-of-way line of Martin Luther King Jr. Boulevard;
THENCE S. 00°27'30" E. an approximate distance of374.6 feet to the Point of Beginning.
FOR CONTRACT PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY.
Prepared for: Lloyd Corslin
May25, 2004