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HomeMy WebLinkAboutOrdinance - 2012-O0133 - Amending Zoning Ordinance 7084. Zone Case 3193 - 11/29/2012First Reading November 29, 2012 Item No. 6.5 ORDINANCE NO. 2012-00133 Second Reading December 6, 2012 Item No. 5.22 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3193; A ZONING CHANGE FROM T TO C-3 ZONING DISTRICT ON 13.156 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 21, 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 (V emon, 1990), and notice was duly published in the Lubbock A valanche-Joumal 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. 3193 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 T to C-3 zoning district on 13.156 acres of unplatted land out of Block E-2, Section 21, City of Lubbock, Lubbock County, Texas, located at northeast corner of 130th Street and Indiana Avenue. METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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 m Section 40.01 .006 of the Zoning Ordinance of the City of Lubbock. SECTION 3. THAT should an 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 authori zed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Pa ssed by the City Council on first reading on November 29, 2012 J\TT'EST: J\PPRC'✓ED AS TO CONTENT: Randy l lensm , ircctor of Planning Chad Weaver Assistant City Attorney vw/~ity 1t1/Cl111J//.oncCusc/ZC31 ') I Novcmhcr I. 2012 Zone Case No. 3191 page -2 <~/'2 Exhibit "A" LEGAL DESCRIPTION MBTBS AND BOUNDS DESCRIPTION ofa 13.156 acn, tract of land located iD SectioD 21, Block E-2, Lubbock County, Texas, being fbrtber dcscnoed as follows: BBGJNNINO at a MMAG" nail with washer set for the Southwest comer of Section 21, Block E,.2, Lubbock County, Texas ad this tract; nmNCB N. 01°4S'S6" E., along the West line of Section 21, a distance of 40.00 feet to an "X" cut in concrete iD the North line of a 40 foot rigbt-of•way easement u dcscnbcd .in Volume 487, Page S4 or lhe Deed Records or Lubbock County, Texas for the South'WC11 comer of a SS foot street dedication (Indiana Avenue) as described 1111der County Clerk File No. 2009041285 of the Official Public Records of Lubbock County, Texas and a comer oftbis tract; THENCB S. 88°04'16" E., alq said North easement line. the Soutbcm boundary of said 5S foot stieet dedication and a 30 foot scrcct dedication (Indiana Avenue) as described ll1lCler County Clerk. File No. 2009041286 of the Official Public Rcccm:ls of Lubbock County, Texas, a distance of BS.00 feet to a 1/2" iron rod with cap set for the Southeast comer of 11kt 30 foot met dedication and a comer of this tract; THENCB N. 01 °4S'S6" E., along tho Eastcm boundary of said 30 foot atrcet dedication, a distance of2S.OO feet to a I 12" hon rod with cap found at the Nol1heast comer of said 30 foot street dedication and a comer of this tract; THENCE N. 43°09t1 0" W., along the Nortbcm boundary of said 30 foot street dedication. a distance of 42.49 feet to a 1/2" hon rod with cap set in the F.astem boundary of said SS foot street dedication (lrutiaaa Avenue), for a comer of this tract; THENCE N. 01 °4S'S6" B., along said SS foot street dedication, at S.00 feet pasa a J/2" iron rod with cap set in reference. continuing for a total distance of 663.43 feet to a l/2" iron rod with cap set for the Southwest comer of Tract A, The WOJSbjp Center 1 an addidOD to the City or Lubbock. Lubbock County, Texas, accordmg to the map, plat and/or dedication deed thereof recorded under County Qcrk File No. 2011039470 of the Official Public Rcccmls of Lubbock Coumy, Texas and the Northwest comer of tbia tract; 1HENCB S. 88°04'16" E., aloug the Southem boundmy of said Traci A and a I 0.6 acre ttact as described in Volume 6990, Page 91 oftbe Ra1 Property Records of Lubbock County, Texas, a distance of7S4.29 feet to a 1/2" iron rod with cap set for the Nmtheast comer of this tract; THENCE S. 01°4S'S6" w .• at 698.43 feet pus a 112" inm rod with cap set in reference, continuing for a toca1 distance of7S8.43 feet to a -mo0 aall with washer set iD the South line ofSccciOD 21 for the Southeast comer oftbia tract; THBNCB N. 8S°04'16" W., along the South line of Section 21, a distance of809.29 feet to the Point ofBeghming. Contains: 573,071 square feet. Bearings me relative to the Teas Coordinate System of 1983, CORS 96. Epoch 2002.0 Thursday, Oct 11, 2012 02:21 PM