HomeMy WebLinkAboutOrdinance - 2003-O0012 - Amending Ordinance To Make Changes: Case 2958 - 01/23/2003First Reading
January 23, 2003
Item No. 28
ORDINANCE NO. 2003-00012
Second Reading
February 13, 2003
Item No. 23
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2958; A ZONING CHANGE FROM T TO A-1 FOR
APARTMENTS ON AN UNPLATTED 20.92-ACRE TRACT OF LAND OUT OF
SECTION 9, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS,
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 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 on R-1 is a minor deviation from the 1986 Comprehensive
Land Use Plan and attempt to protect 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 29-9 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. 2958
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-9 of the Code of
Ordinances of the City of Lubbock from T to A-1 zoning district on an unplatted
20.92-acre tract of land out of Section 9, Block E, City of Lubbock, Lubbock
County, Texas, located South of 82nd Street and East of Avenue U, subject to
the following conditions and being further described as follows:
METES AND BOUNDS DESCRIPTION of a 20.921-acre tract of land situated in
the Northeast Quarter (NE ¼) of Section 9, Block E, Lubbock County, Texas
being a part or portion of that 79.743 acre tract ofland described in Volume 981,
Page 239 of the deed records of Lubbock County, Texas and being more
particularly described as follows:
BEGINNING at a point in the west boundary of the said northeast quarter from
which the southwest comer of the said Northeast Quarter bears S. 00°03'15" W.,
2448.51 feet for comer;
THENCE S. 89°59'36" E., 912.04 feet departing said west boundary line to a point
for comer;
THENCE S. 00°02'47" W., 1000.00 feet to a point for comer;
THENCE S. 89°59'02" W., 910.28 feet to a point being in the west boundary line
of the said Northeast Quarter for comer;
THENCE N. 00003'15" W., 1000.36 feet with the said west boundary line to
POINT OF BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The setback on the north line shall be a minimum of twenty-five feet.
2. The fencing along Avenue U shall be a decorative wrought iron
construction.
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.
Zone Case No. 2958
page 2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23rd day of __ J_a_n-=-u-=-a-=-r,,__y __ , 2003.
ATTEST: c£_J,~_,,. ~-
Reh ca Garza, City Secretary
APPROVED AS TO FORM:
. ./ ___ .j..,/ /'/ .. • • ,,,r.:? -¾"' ·--y/c_c:::;:7'-·c_ .. -:?~~ ----~-·
Linda L. Chamales, Supervising Attorney
Office Practice
MUcityatt/Linda/ZoneCases/ZC2958 & CCDOC/ZC2958
January 10, 2003
Zone Case No. 2958
page 3 of3