HomeMy WebLinkAboutOrdinance - 2014-O0032 - Zone Case No. 3117-A - 03/27/2014First Reading
March 13, 2014
Item No. 6.1
ORDINANCE NO. 2014-00032
Second Reading
March 27, 2014
Item No. 5.31
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3117-A; A ZONING CHANGE FROM R-1 TO IHI
ZONING DISTRICT ON 31.76 ACRES OF UNPLATTED LAND OUT OF BLOCK
A, SECTION 8, 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 40.01.005 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. 3117-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 40.01.005 of the Code of
Ordinances of the City of Lubbock from R-1 to IHI zoning district on 31.76
acres of unplatted land out of Block A, Section 8, City of Lubbock, Lubbock
County, Texas, located at 2712 North MLK JR Boulevard.
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./ 100 Dollars
($2,000.00) as provided in Section 40.01.006 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 on March 13, 2014
Passed by the City Council on second reading on March 27, 2014
GL . RO TSON, MAYOR
ATTEST:
0 �,e
Rebe ca Garza, City Secret
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVE AS TO FORM:
Chad Weaver
Assistant City Attorney
vw cityatt/ChadrZoneCase:20117-A
February 6, 2014
Zone Case No. 311--A
page - 2 of 2
4. Legal description of the land:
The South Half (S/2) of the North Half (N/2) of the Southwest Quarter (SW/4) of Section Eight (8), Block A,
Certificate No. 397, original grantee, T.T. Ry. Company, Abstract No. 495, Lubbock County, Texas, SAVE
AND EXCEPT the following two tracts of land:
Save and Except Tract 1: A 7.842 acre tract of land out of the South One -Half (S/2) of the North One -Half
(N/2) of the Southwest Quarter (SW/4) of Section Eight (8), Block A, Abstract 1242, Lubbock County, Texas,
described in Warranty Deed dated September 1, 1966, recorded in Volume 1101, Page 175, Deed Records of
Lubbock County, Texas, and described by metes and bounds as follows:
BEGINNING at a nail set in the West line of Section 8, Block A, and in Quirt Avenue, a distance of 1320 feet
North of the Southwest corner of Section 8, for the Southwest and beginning corner of this tract; whence a %11
Iron pipe bears East 30 feet;
THENCE North 280 feet with the West line of Section 8, and along Quirt Avenue set nail for the Northwest
corner of this tract, whence a %" iron pipe bears East 30 feet;
THENCE East 1220 feet set %11 iron pipe for the Northeast corner of this tract;
THENCE South 280 feet set %11 iron pipe in the South line of the North One -Half of the Southwest One -
Fourth of Section 8, for the Southeast corner of this tract;
THENCE West 1220 feet with the South line of the North One -Half of the Southwest One -Fourth of Section 8
to the place of beginning.
Save and Except Tract 2: A parcel of land containing 0.442 acres of land, more or less, out of a 40.00 acre
tract in the South half of the North half of the Southwest one-quarter of Section 8, Block A, Lubbock County,
Texas; said 40.00 acres was conveyed to Georgia Hefner by Raymond E. Hefner by Deed dated September 21,
1957 and recorded In Volume 670, Page 219, Deed Records, Lubbock County, Texas; said 0.442 acre tract is
described in Warranty Deed dated September 10, 1976, recorded in Volume 1490, Page 805, Deed Records of
Lubbock County, Texas, and is more particularly described by metes and bounds as follows:
BEGINNING at a point on the West boundary line of Section 8, Block A, said point is the Northwest corner of
said 40.00 acre tract and bears South 8804'29" East, a distance of 5,280.00 feet, thence South 1154'42" West, a
distance of 3,327.10 feet from the Southwest corner of Section 10, Block A; said point also being the common
boundary line and the Southwest corner of a tract of land owned by Brazos, Inc.;
THENCE South 8805118" East, along the North property line of said 40.00 acre tract, a distance of 49.91 feet
to a point;
THENCE South 1054142" West, a distance of 385.50 feet to a point on the South property line of said 40.00
acre tract, said South property line being the common boundary line with the American Bank of Commerce,
WoltYorth, Texas;
THENCE North 88°5' 18" West, along the South property line of said 40.00 acre tract, a distance of 49.91 feet
to a point on the West boundary line of Section 8, Block A;
THENCE North 1°54'42" East, along the West boundary line of Section 8, Block A, a distance of 385.50 feet
to the Place of Beginning, containing 0.442 acre of which approximately 0.265 acre is in an existing road.
Note: The Company does not represent that the above square footage or acreage calculations are correct.