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HomeMy WebLinkAboutOrdinance - 9323-1989 - Amending Zoning Ordinace 7084 Zone Case 2638 - 12/07/1989DGV:js First Reading December 7. 1989 Item #10 Second Reading December 14, 1989 Item #7 ORDINANCE NO. 9323 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2638; A ZONING CHANGE FROM T TO M-1 ZONING ON A TRACT OUT OF SECTION 25, BLOCK A, 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 finds 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 amend- ment to the Zoning Ordinance and Map have been fully complied with, as well as giving notices in compliance with Section 29-29 of the Code of Ordi- nances, City of Lubbock, Texas, as well as notices provided by Section 211.007(c), Texas local Government Code, 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 duly 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. 2638 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: A change of zoning from T to M-1 zoning district, under provisions of Section 29-29 of the Code of Ordinances of the City of lubbock, on a tract out of Section 25, Block A, City of lubbock, Lubbock County, Texas, located at 4602 Idalou Highway and is being further described as follows: METES AND BOUNDS DESCRIPTION of a 7.446 acre tract of land in the Northeast Quarter of Section 25, Block A, John H. Gibson Survey, Lubbock County, Texas, and being those same tracts of land deeded from J. E. Franklin to Dianne Freeman as described in Volume 1447, Page 470, and from J. E. Franklin to Dianne Thompson Brehm as described in Volume 1456, Page 26 of the Deed Records of Lubbock County, Texas and being further described as follows: BEGINNING at a 5/811 iron rod with cap set for the Southeast corner of said deed tracts from whence a railroad spike found at the Northeast corner of said Section 25, Block A, Lubbock County, Texas, bears N. 89°35' E., a distance of 766.50 feet and N. 00°25' W., a distance of 2317.70 feet; THENCE S. 89°35' W., along the South line of said deed tracts, a dis- tance of 467.30 feet to a 5/811 iron rod with set cap found at the Southwest corner of said deed tracts; THENCE N. 00°25' W., along the West line of said deed tracts, a dis- tance of 554.50 feet to a 5/811 iron rod with set cap found in the South right-of-way line of U. S. Highway 62-82 at the Northwest corner of said deed tracts; THENCE N. 45°56' E., along said right-of-way line, a distance of 452.00 feet to a 1/211 iron rod with cap set for the most Northerly corner of said deed tracts from whence the Northwest corner of that tract deeded from J. E. Franklin to Claude DeVaney as described in Volume 1193, Page 413 of said Deed Records bears N. 45°56' E., a dis- tance of 1.50 feet; · THENCE S. 00°25 1 E., along a line which is 1.00 foot West of and parallel to the West line of said De Vaney tract, at a distance of 143.70 feet pass a point which is 1.50 feet S. 45°56' W. of the Southwest corner of said De Vaney tract and the Northwest corner of that tract of land deeded from J. E. Franklin to Claude De Vaney as described in Volume 1269, Page 37 of said Deed Records, in all a dis- tance of 210.70 feet to a 1/211 iron rod with cap set for a corner of said deed tracts from whence the Southwest corner of said De Vaney tract bears N. 45°56' E., a distance of 1.50 feet; THENCE N. 89°35' E., along a line which is 1.00 feet South of and parallel to the South line of said De Vaney tract, a distance of 140.30 feet to a 1/2" iron rod with cap set for the most Easterly Northeast corner of said deed tracts; THENCE S. 00°25' E., along the East line of said deed tracts, at a distance of 247.70 feet pass the Northwest corner of that tract deeded from J. E. Franklin to Lee Mitchell as described in Volume 1126, Page 493 of said Deed Records, at a distance of 410.80 feet pass the North- west corner of that tract of land deeded from J. E. Franklin to Frank Whitehurst as described in Volume 1083, Page 241 of said Deed Records, in all a distance of 655.80 feet to the PLACE OF BEGINNING. - 2 - SUBJECT TO THE FOLLOWING CONDITION: a. That any future new development or major rehabilitation be subject to IDP development standards SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed One Thousand and No/100 Dollars ($1,000.00) as provided in Section 29-31 of the Zoning Ordi- nance 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 rea- son, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause pub- lication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 7th day of December 1989. Passed by City Council on second reading this 14th day of December 1989. jfe.~-~ ~-Me~ MAYOR ATIEST: APPROVED AS TO FORM: - 3 - THE STATE OF TEXAS COUNTY OF LUBBOCK R-312 Before me Frances Hernandez a Notary Public in and for Lubbock County, Texas on this day personally appeared T.J. Auft I I' Account Manzuter of the Southwestern Newspa- pers Cor(X)ration. publishers of the Lubbock Avalanche-Journal -Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this LeI! II Not j re ---------:----::--::-:---:-:--N~23423 at Lubbock County. Texas and the attached print- ed copy of the Lel!a I Notice is a true copy of the original and was printed in t e Lubbock Avalanche-Journal on the following dates: word& @ .92 = $241.96 Account Manal!er LUBBOCK A VALANCHE·JOURN AL Southwestern Newspapers Corporation 1!Jl'CS;!JI:.i~~~ . AN ORDINANCE REPEAL• 'lNG CERTAIN SECTIONS OF i THE COOE OF ORDINANCES OF 9 JanuarY 90 l THE CITY OF LUBBOCK. TEX· j AS, WHICH HAVE BECOME OB· • SOLETE, SUPERSEDED OR NO : LONGER NEEDED. PROVIDIKG I A SAVINGS CLAUSE: AND PRO. -VIOING FOR PUBLICATION. AN ORDINANCE NO. 9321 AN. ORDINANCE ALTERING 'THE TERMS OF CERTAIN Subscribed and sworn to before me this ___ day of -------· 19 __ _ • BOARDS AND COMMISSIONS OF THE CITY OF LUBBOCK TO 'cOMPLY WITH CONSTITUTION· FORMIS-10 AL REQUIREMENTS BY AMENDING THE FOLLOWING SECTIONS OF THE CODE OF OR· ·OINANCES OF THE CITY OF LUBBOCK, TEXAS: SECTION t·3S4 (AIRPORT BOARD), SEC· TION 2·<11S (ELECTRIC UTILI· TIES IIOARO), SECTION 13-IHl {HOUSING STANDARDS COM· MISSION!, SECTIONS 2-263 AND ------t'~{pARKI.AIIIORECREATION -~·-~ IIOARDI, SECTION 2~389 (PLAN· tUNG AND ZONING COMMIS· SIONI. AND SECTION 29-2SUJI3J (VRBAN DESIGN AND HISTORI• CAL PRESERVATION COMMIT· 'tEEh PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR ,PUBLICATION. QRQINAlll<:;f! NQ,.9322 AN Olrf:ft~ A'Mt:foftt' lNG CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF' PORTIONS OF SECTION 8·• . WITH RECPARO TO CERTAIN ~POLLING PL:ACES; ALTERING CERTAIN PRECINCJ BOUNOA· RIES AS REQUIRED BY STATE LAW; PROVIDING A MAP OF · THE VOTING PRECINCTS OF ' THE CITY OF· LUBBOCK; PRO. VIOING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE; SAME; PROVIDING A SAVINGS , CLAUSET PRQVIOING I;O!tPU&-. • LICA TION; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE.NO. 9323 AN ORDINANCE AMEND· lNG ZONING ORDINANCE NO. · 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING TH(!:'. FOLLOWING CHANGES: ZONE CASE NO. 2638; A i:ONING CHANGE FROM T TO Mol ZONING ON A TRACT OUT OF SECTION JS, BLO<;K A. LUB- BOCK, TEXAS; SUJJi!CT TO CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAV· lNGS ~$E Al'tO PROVIDING FQ)i Pi.iSLICATIOlil\ R·N R-273 . I THE STATE OF TEXAS COUNTY OF LlJ.BBOCK de z Before me ranees Hernan a ~otabv P~bl~aif\li~ (i>r Lubbock Countv. Texas on this dav personally appeared T • J • Auf i 1 1 ' cc ·un of the S~uthwestern Newsp~­ pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper ~asJisefn tl'Obii£~1' continuously for more than fifty-two weeks prior to the first insertion of this ____ e _______________ _ -------.--::-:::-=-r-I'T'::...-.:~;;-No. 506728 at Lubbock County. Texas and the attached print- ed copy of the Ltfl!i I Not:~.ce is a true copy of tge ori!ifal <i'6S'tfs printed in the Lubbock Avalanche-Journal on the fQllowjng_ da!es..:.2 ____ N __ ov_e_m_e_r ___ '-----------'r---107 words @ .46 -'$49.£ LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this ~day of N ° v e mb I! r . t9 89 FORM58-10 · .. NOl"IC&OF Pt1 111.. tC: .tEARlNG 1 NO~lCE l$ her~bv given t~at the CitY Cc\lncll will hold. a Public Hearlno en Thursday, DtJcemt>er 7• 1989, at 10:30 A.M .• In the .C:IIY . council Chambers, 1625 13th Street, Lubbock. Texas. to consltter the re(;l)mmendatlon• bY ll~e PlanninG and'ZoniM c:ommluion that lOft· lno be changed on certain proper- lies In LubboCk, Texa .. .All lmer- ested per.ons may· SPeak, then the Cltv Coullc:ll wtn ad on. such rec· ommendatlons. The followin!l 10.ne ca5es will be ~~ctar!l: . . ·· ZONE CASES NO. 2638:' Request of Burl w. Masters .!for Chapman KelseY) !Qr zonlna chan!IO from T 1e M-1 Ql\ II tQid out of 5acllon 25, llock A(~ IdalOU HighWay), . 1 ll·27l' ' . FRANCES HERNANDEZ Notary Public, S~atP. o!Texas . M'l Comm1ssion E<plres 7-6·91