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HomeMy WebLinkAboutOrdinance - 2012-O0009 - Bobby Mcqueen For A Zoning Change From A-3 To M-1 - 01/26/2012First Reading January 26, 2012 Item No. 6.3 ORDINANCE NO. 2012-00009 Second Reading February 9, 2012 Item No. 5.15 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1147-B; A ZONING CHANGE FROM A-3 TO M-1 ZONING DISTRICT ON 8.1 ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTION 77, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 compiled 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 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. 1147-13 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 A-3 to M-1 zoning district on 8.1 acres of unplatted land out of Block A, Section 77, City of Lubbock, Lubbock County, Texas located at SW corner of North Martin Luther King Jr., Boulevard and NE Loop 289, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the following uses shall be prohibited: • Golf driving range • Drive-in theater • Book binding • Coffee roasting • Pro baseball park • Dance hall • Night club or bar • Planning mill • Ready build manufacturing • billboards SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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 January 26, 2012 Passed by the City Council on second reading on February 9, 2012 ATTEST: Rebeka Garza, City Se TOM MARTIN, MAYOR Zone Case No. 1147-B page - 2 of 3 APPROVED AS TO CONTENT: Y Randy Henson, Dirp for of Planning 1 APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/CityAtt/Chad/Zones/zcl 147-B (Amended) January 26, 2012 Zone Case No. 11 47-B page - 3 of 3 Ordinance No. 2012-00009 HUGO REED AND ASSOCIATES, INC. 1601 Avenue N / Lubbock, Texas 79401 / 806/763-5642 / FAX 806/763-3891 METES AND BOUNDS DESCRIPTION of an approximate 8.1 acre tract of land located in Section 77, Block A, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West right-of-way line of Martin Luther King Jr. Boulevard and the South line of the North half of Section 77 for the Southeast corner of this tract which bears S. 89°40' W. an approximate distance of 30.0 feet from the Southeast corner of the North half of Section 77, Block A, Lubbock County, Texas; THENCE S. 89°40' W., along the South line of the North half of Section 77, an approximate distance of 660.0 feet to a point for the Southwest comer of this tract; THENCE N. 00027'30" W. an approximate distance of 409.6 feet to a point for the most Westerly Northwest comer of this tract; THENCE N. 89040' E. an approximate distance of 190.0 feet to a point for an "ell" corner of this tract; THENCE N. 00027'30" W. an approximate distance of 245.4 feet to a point in the South right-of-way line of Loop 289 for the most Northerly Northwest comer of this tract; THENCE S. 7707' 15" E.. along said South right-of-way line, an approximate distance of 313.0 feet to a point of intersection; THENCE Southeasterly, continuing along said South right-of-way line around a curve to the right, said curve having a radius of 215.0 feet, chord bearing of S. 38°47'43" E. and an approximate chord distance of 266.7 feet to a point of intersection in the West right-of-way line of Martin Luther King Jr. Boulevard; THENCE S. 00027'30" E. an approximate distance of 374.6 feet to the Point of Beginning. FOR CONTRACT PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY. Prepared for: Lloyd Corslin May 25, 2004