HomeMy WebLinkAboutOrdinance - 2013-O0069 - Zone Case No. 3160-A - 07/11/2013First Reading
Tune 27, 2013
Item No. 6.7
Second Reading
July 11, 2013
Item No. 5.21
ORDINANCE NO.2013-00069
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3160-A; A ZONING CHANGE FROM M-2
SPECIFIC USE FOR A FERTILIZER PLANT TO M-2 SPECIFIC USE FOR A
CHEMICAL PLANT (SANITATION CHEMICALS), ON 25 ACRES OF
UNPLATTED LAND OUT OF BLOCK S, SECTION 2, 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.3160-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from M-2 Specific Use for a fertilizer plant
to M-2 Specific Use for a chemical plant (sanitation chemicals) on 25 acres of
unplatted land out of Block S, Section 2, City of Lubbock, Lubbock County,
Texas, located at north of 661h Street and west of East Loop 289, and being
further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SECTION 2. THAT the granting of this specific use zoning is hereby made
subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
including particularly, but not limited to, Section 40.03.3102 of the Codified Zoning
Ordinance, which provides that a Building Permit shall be applied for and secured within
thirty (30) months of the effective date of the zone change or all undeveloped property
shall automatically revert back to the previous zoning classification, which in this case is
the M-2 Specific Use for a fertilizer plant zone district; and if such reversion occurs, the
Director of Planning is directed to remove from the Zoning Map the legend indicating
such specific use. The Specific Use authorized by this Ordinance is permitted under
provision of Section 40.03.3101-40.03.3103 of Codified Zoning Ordinance No. 7084 on
the property described as north of 66`h Street and west of East Loop 289, City of
Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by fine not to exceed Two Thousand and No1100 Dollars
($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of
Lubbock.
SECTION 4. 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 5. 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
Passed by the City Council on second reading on
GLEN OBERTSON, MAYOR
ATTEST:
L- f-Q , U-0-
R_ebe Garza, City Secretary
Zone Case No. 3160-A
page -2of3
APPROVED AS TO CONTENT:
4j"w /C64L
Andrew Paxton, Interim Director of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
"EXIMIT A"
METES AND BOUNDS DESCRIPTION:
Being a 25.0 acre tract of land located along the South line in the SE 1/4 of Section 2, Block
S, in Lubbock County, Texas and more particularly described as follows:
BEGINNING at a ire" iron rod with cap found in the South line of Section 2, Block S, also
being the centerline of a graded county road (66th Street) and Southwest corner of this
tract, said point bearsrN 88°50-148-t!C??<t4a distance of 18_ 56. - feet from the Southeast corner
of Section 2, Block S, Lubbock County, Texas;
THENCE 01*101.26"E, along the West line of said 25.00 acre tract, at 40.00 feet pass a
1/2" iron rod with cap found in the North line of a said county road, continuing for a total
distance ofAS-eet, common to the East line of a 49.52 acre tract owned by Granite
Construction, recorded in Vol. 8624, Pg. 272, Real Property Records of Lubbock County,
Texas, to a 1/2" iron rod with cap found for the Northwest corner of this tract;
THENCKN 8V50'0' W a distance of .120152 feet, common to a line from said 49.52 acre
tract, to a in" iron rod and cap set for the Northeast corner of this tract;
THENCE 8101°1012&"E, a distance of 905 47 feet to a 1/2" iron rod and cap set in the
centerline of said county road, for the Southeast corner of this tract;
THENCE,N 88°50'38" W, a distance of 1082.9-9 feet along the centerline of said county
road to the Point Of Beginning and containing 25.00 acres of land.
THIS DESCRIPTION WAS PREPARED BY JERYL D. HART, JR., RP.L.S. #1871.
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1KY`-L D. HART, JR.9 R.P.L.S.# 1871
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"Partnering the Environment with Life"
5225 S. Loop 289 Lubbock TX 79424
Office: 806-939-0033 Fax: 866-899-7063
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