HomeMy WebLinkAboutOrdinance - 2003-O0108 - Amending Zoning Ordinance Making Changes: Case 2011-C For Apartment Complex - 09/18/2003First Reading
September 18, 2003
Item No. 40
ORDINANCE NO. 2003-00108
Second Reading
October 9, 2003
Item No. 71
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2011-C; A ZONING CHANGE FROM M-1 TO A-2
ZONING FOR AN APARTMENT COMPLEX ON UNPLATTED 10.35 ACRE
TRACT OF LAND OUT OF SECTION 37, 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 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 M-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 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. 2011-C
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 an
apartment complex on an unplatted 10.35 acre tract of land out of Section 37,
Block AK, City of Lubbock, Lubbock County, Texas, located south of 43rd
Street and west of Ironton Avenue, and being further described as follows:
METES AND BOUNDS DESCRIPTION of an unplatted 10.35 acre tract of
land out of Section 37, Block AK, City of Lubbock, Lubbock County, Texas,
being further described as follows:
BEGINNING at the northeast comer of Lot 15, Santa Fe Park Addition;
THENCE east 275 feet;
THENCE south 455 feet;
THENCE east 478.5 feet;
THENCE south. 553.79 feet;
THENCE North 72'07'30" west 792.19 feet;
THENCE north 765.64 feet to the POINT OF BEGINNING.
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/100
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.2011-C
Page 2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 18th day of September , 2003.
ATTEST:
~A:aa ~---Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~--C c::Y~~~
Linda L. Cham.ales, Supervising Attorney
Office Practice
KE/ccodcs/ZC2011-C
September 9 2003
Zone Case No. 2011-C
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