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HomeMy WebLinkAboutOrdinance - 8445-1983 - Amnd Zoning Ord #7084 Lubbock Map Changes: Zone Case #2404 - 05/26/1983l ~>61983 1 Y--· JUl\ 9 ,~-al SMH/mck ORDINANCE NO. 8445 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2404; CHANGE A TRACT OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO IDP SPECIFIC USE PERMIT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; 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 reconnnendation 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, morals, 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, as well as giving notices in compliance with Section 26 of Ordinance No. 7084, as well as notices provided by Article 1011f, Vernon's Annotated Civil Statutes, amended in 1961, and notice was duly published in the Lubbock Morning 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 Room on the second floor of the City Hall, 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: I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2404 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: Change a tract of land out of Section 36, Block A-K, City of Lubbock, Lubbock County, Texas from R-1 to IDP Specific Use Permit and being located at 6203 Brownfield Road. R-1 to IDP Specific Use TRACT ONE BEING three (3) acres of land out of Tract 5, Lowery Subdivision of Section 35, 36, 37 and 38, Block A-K, and Section 28, Block E-2, Lubbock County, Texas, and described as: BEING a part of Tract 5 of Lowery Subdivision of Section 35, 36, 37 and 38, Block A-Kand Section 28, Block E-2, Lubbock County, Texas, being three (3) acres of land described as follows: BEGINNING at an auto axle in the West line of Tract 5, which is 3540 feet West and 2305 feet North of the Southeast corner of Section 36, which auto axle is the Northwest corner of the South 100 acres of Tract 5 of Lowery Subdivision and the Southwest corner of the North part of Tract 5 and the Southwest corner of a 12.08 acre tract out of the North part of Tract 5; THENCE East along the South .line of a 12.08 acre tract 251.6 feet to an iron pipe, the Southeast corner of the 12.08 acre tract; THENCE North along the East line of a 12.08 acre tract, 1851.26 feet to a 3/4" iron pipe in the East line, the Southwest and beginning corner of this tract; THENCE North along the East side of a 12.08 acre tract, at 326.53 feet pass a 1" iron pipe iri all 332.58 feet to a point in the south line of State Highway, the Northwest corner of this tract; THENCE North 53°54' East along the Southeast ROW line of State Highway, 367 feet to a point in the ROW line, the Northeast corner of this tract; THENCE South at 6.05 feet pass a 3/4" iron pipe in all 548.82 feet to a 3/411 iron pipe, the Southeast corner of this tract; THENCE West 296.53 feet to the PLACE OF BEGINNING, and containing 3 acres of land. TRACT TWO BEGINNING at an auto axle in the West line of Tract 5 which is 3540 feet West and 2305 feet North of the Southeast corner of Section 36, Block A-K, which axle is the Northwest corner of the South 100 acres of Tract 5; THENCE East, 251.5 feet to an iron pipe; THENCE North, 1851.26 feet to an iron pipe; THENCE East, 251.6 feet to an iron pipe; THENCE North, 1851.26 feet to an iron pipe; THENCE East, 296.53 feet to a 3/4" iron rod for the Southwest and be- ginning corner of this tract; THENCE North 536.45 feet to a 3/8" iron rod set in the Southeast right of way line of U.S. Highway 82 for the Northwest corner of this tract; THENCE North 53°54 1 East, along said right of way, 43.09 feet to a 3/8" iron rod set for the Northeast corner of this tract; THENCE South 25°43' East 346.12 feet to a 3/8" iron rod set for a corner of this tract; • . THENCE South 250.0 feet to a 3/8" iron rod set for the Southeast corner of this tract; THENCE West, 185.0 feet to the PLACE OF BEGINNING, and containing 1.838 acres. SECTION 2. THAT the Director of Planning of the City of Lubbock is authorized to issue a Specific Use Permit to the Applicant in said Zone Case in accordance with the recommendations and conditions imposed by the Planning and Zoning Commission, on file with the office of the Director of Planning and the City Council which are hereby adopted and incorporated herein by reference for all purposes, provided said applicant agrees to be bound by the terms of the Specific Use Permit, the granting of which is hereby made subject to compliance to all provisions of Zoning Ordinance No. 7084, an Ordinance of the City of Lubbock, including particularly, but not limited to Section 22 of Zoning Ordinance No. 7084, which provides that a Specific Use Permit and 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 automatic- ally revert back to the R-1 zoning district; and the Director of Planning in such event is directed to remove from the Zoning Map the legend indicating such limited use. The Specific Use authorized by this Ordinance is permitted under the·provision of :the IDP Section of Zoning Ordinance No. 7084 on the property respectively described as Section 36, Block A-K, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-5 of the City Code. 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 City Council on first reading this Passed by City Council on second reading t 4 _;.:==i',;;~'-- BI APPROVED AS TO CONTENT: rrel Northcutt, Administrator ning and Environmental Control APPROf~ AS TO FORM: /XI/Juv1n .. Jk4w Susan M. Horton, Assistant City Attorney .-. THE STATE OF TEXAS . 1·· · COUNTY OF LUBBOfK · · : Before me Bonn e McKee a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Auf i 11, Account Mana Ee r of the Southwestern Newspa- 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 has been published continuously for more than fifty-two weeks prior to the first insertion of this Lee:al Notice-934 words@60t Per word-$560,40 No. 694400 at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates: ....,J::..u ... n._,__,,.e__.1,..1.,__&.,.__...,1..,.8._,..__ ... 1.L9...,8,._.3....,.L---__________ _ L-2646 Account Manai LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before ~e this 20th day of _J;;...:u.,_,n"""e.__ ___ , 19__.. .......... • •, • . .