Loading...
HomeMy WebLinkAboutOrdinance - 2012-O0045 - Zone Case 3174 - 04/26/2012First Reading April 26, 2012 Item No. 6.6 ORDINANCE NO. 2012-00045 Second Reading May 3, 2012 Item No. 5.17 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3174; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE FOR FERTILIZER PRODUCTION FACILITY ON 49.52 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.3174 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are lamended 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 to M-2 Specific Use for fertilizer production facility on 49.52 acres of unplatted land out of Block S, Section 2, City of Lubbock, Lubbock County, Texas, located at north of East 661h Street and east of Martin Luther King Boulevard, 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 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 East 661h Street and east of Martin Luther King Boulevard, 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 April 26, 2012 Passed by the City Council on second reading on May 3, 2012 ATTEST: � Q A-4-�-d e�� Rebecc Garza, City Secretary TOM MARTIN, MAYOR Zone Case No.3174 page -2of3 APPROVED AS TO CONTENT: Randy !Jensen, Doctor of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney 174 3,2012 Zone Case No.3174 page - 3 of 3 METES AND BOUNDS DESCRIPTION of a 49.52 acre tract of land located in Section 2, Block S, Ordinance No. Lubbock County, Texas, being further described as follows; 2012-00044 BEGINNING at a %:" iron rod with cap set in the South line of Section 2, Block S, for the Southeast comer of this tract, which bears N. 88°5V38" W. a distance of 1856.00 feet from the Southeast comer of Section 2, Block S, Lubbock County, Texas; THENCE N. 88050'38" W., along the South line of Section 2, a distance of 1160.00 feet to a'h" iron rod with cap set for the Southwest comer of a 97.65 acre tract described in Volume 6044, Page 234, Real Property Records of Lubbock County, Texas, and the Southwest comer of this tract; THENCE N. 01010'28" E., along the West line of said 97.65 acre tract, at 40.00 feet pass a''/2" iron rod with cap found in the North line of a graded county road (66th Street), at 965.5 feet pass the Northwest comer of said 97.65 acre tract, at 1001.5 feet pass a 3/4" iron pipe found at the Southwest comer of a 140.82 acre tract described in Volume 6044, Page 234, Real Property Records of Lubbock County, Texas, at 1006.5 feet pass the Southeast comer of Tract 1, Jarvis -Williamson Addition to the City of Lubbock, at 1320.50 feet pass a 1/2" iron rod with cap found at the Northeast comer of said Tract 1 and the Southeast comer of Tract "A", South Plains Industrial Addition to the City of Lubbock, continuing along the West line of said 140.82 acre tract for a total distance of 2345.19 feet to a 3/4" iron pipe found at the most Southerly Southwest comer of Lot 1, Paymaster Addition to the City of Lubbock and the most Westerly Northwest comer of this tract; THENCE S. 88-17-26" E., along the most Southerly line of said Lot 1, a distance of 300.00 feet to 518" iron rod with cap found at the most Southerly Southeast comer of said Lot 1 and a comer of this tract; THENCE N. 01'10-28" W., along an Easterly line of said Lot 1, a distance of 287.27 feet to a %i' iron rod with cap set 18.00 feet from the centerline of an existing railroad spur track for the most Northerly comer of this tract; THENCE Southeasterly, around a curve to the right, 18.00 feet westerly of and parallel with an existing railroad spur track, said curve having a radius of 338.26 feet, a central angle of 79"12'40", a chord bearing of S. 39°42'10" E., and a chord distance of 431.28 feet to a W' iron rod with cap set for a point of intersection; THENCE-S. 01 ° 10'53" W., 18.00 feet West of and parallel with an existing railroad spur track, a distance of 935.89 feet to a'/i' iron rod with cap set for a point of intersection; THENCE Southeasterly, around a curve to the left, said curve having a radius of 401.34 feet, a central angle of 79037156", a chord bearing of S. 37°2354" E., and a chord distance of 513.97 feet to a''/V iron rod with cap set for a point of intersection; THENCE S. 88°50'24" E. a distance of 1712.39 feet to a''/s" rod with cap set for the most Easterly Northeast comer of this tract; . THENCE S. 01010'28" W. a distance of 100.00 feet to a''/? rod with cap set for the most Easterly Southeast comer of this tract; THENCE N. 88050'24" W. a distance of 1455.00 feet to to a ''/2" rod with cap set for a comer of this tract; THENCE S. 01010'28" W., at 825.55 feet pass a %i' iron rod with cap set in the North line of said county road, continuing for a total distance of 865.55 feet to the Point of Beginning. CERTIFICATION TO: Farmers Cooperative Compress Co. I, Robert A. Christopher, Texas Registered Professional Land Surveyor No. 5167, do hereby certify that this survey was made on the ground. As graphically plotted this property does not lie within a special flood hazard area as shown on Panel 315 of 500 of the FIRM fot Lubbock County, Texas and incorporated areas, Map No. 48303CO315 D, effective date September 18, 2002, ZONE X. Febmarq 14, 2002 r Robert A. Chrisytoph r Registered Professional Land Surveyor No. 5167 State of Texas - k Owxs^. Faun m Caq a vfiw ammss