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HomeMy WebLinkAboutOrdinance - 2003-O0095 - Zone Case 1970-C - 08/28/2003First Reading August 28, 2003 Item No. 58 ORDINANCE NO 2003-00095 Second Reading September 4, 2003 Item No. 18 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1970-C; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON A 4.91-ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 44, BLOCK AK, 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, 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. 1970-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 R-1 to A-2 zoning district on a 4.91- acre tract of unplatted land out of Section 44, Block AK, City of Lubbock, Lubbock County, Texas, located north of 24th Street and east of Iola Avenue, subject to conditions, and being father described as follows: METES AND BOUNDS DESCRIPTION of a 4.913 acre tract of land in Section 44, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of the Northeast Quarter of Section 44, Block A-K for the Northwest corner of this tract, whence the Northwest corner of the Northeast Quarter of Section 44, Block A-K bears North 1,475.27 feet; THENCE South, along the West line of the Northeast Quarter of Section 44, a distance of 388.60 feet to a point for the Southwest corner of this tract; THENCE East a distance of 30.00 feet to a 1/2 " iron rod found; THENCE Southeasterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a 1/2" iron rod found in the North right-of-way line of 241h Street for a point of reverse curvature; THENCE Southeasterly, along the North right-of-way line of 24`h Street around a curve to the right, said curve having a radius of 514.07 feet, a central angle of 25°00'34", tangent lengths of 114.01 feet, and a chord distance of 222.61 feet to a 3/8" iron rod found at a point of reverse curvature; THENCE Southeasterly, along the North right-of-way line of 24`h Street around a curve to the left, said curve having a radius of 514.06 feet, a central angle of 25°00'34", tangent lengths of 114.01 feet, and a chord distance of 222.61 feet to a 3/8" iron rod found for the Southeast corner of this tract; THENCE North a distance of 500.00 feet to a 33/8" iron rod found for the Northeast corner of this tract; THENCE West, at 449.66 feet past a found 3/8" iron rod, continuing for a total distance of 479.66 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the only one drive opening will be permitted on Iola at 23rd Street. b. That with regard to screening Iola, the Planning Commission shall review a site plan prior to a construction permit proposing either a landscape buffer or a screening fence with the one curb cut and observing the vision triangle at Iola and 24`h Street. 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. Zone Case No. 1970-C page -2of3 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 28th day of August , 2003. Passed by the City Council on second reading this 4th day of September , 2003. ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Randy Henson enior Planner APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Ke/ccdocs/ZC 1970-C August 18, 2003 UGAL, MAYOR Zone Case No. 1970-C page -3of3