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Home My WebLink AboutOrdinance - 2011-O0073 - Amending Zoning Ordinance 7084. Zone Case 3160. Fertilizer Plant - 08/25/2011First Reading August 25, 2011 Item No. 6.7 ORDINANCE NO. 2011-00073 ------- Second Reading September 8, 2011 Item No. 5.18 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3160; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE AND ALL UNCONDITIONALLY PERMITTED M-2 USES FOR A FERTILIZER PLANT, ON 25 ACRES OF UNPLATTED LAND OUT OF BLOCKS, SECTIONS I AND 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. 3160 SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are amended 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 and all unconditionally permitted M-2 uses for a fertilizer plant on 25 acres of unplatted land out of Block S, Sections I and 2, City of Lubbock, Lubbock County, Texas, located at north of 661h Street and west of East Loop 289 and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. THAT the granting of this speci fic use zoning is hereby made subject to compliance with all pro vi sions of Zoning Ordinance No. 7084. as amenJed, including particularly, but not limited to, Section 40.03.3102 of the odified Zoning Ordinance, which provides that a Building Permit shall be applied for and secured \Vithin thirty (30) months of the effective date of the zone change or all undeveloped prope11y 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 provisi on of Section 40.03.310 I· 40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as north of 66'11 Street and west of East Loop 289. City of Lubbock. Lubbock County. Texas. SECTION 3. Tl lAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by tine not to exceed Two Thousand and No/I 00 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 authorizt:d to ~ause publication of the descriptive caption or this OrJinance as an altcrnatin: mctlrncl provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on ____ .:..:A.::.u,az.gu;::_s::...t::........:2:...:5:....,,'-----=2--=-0-=-l-=-1---- Passed by the City Council on s1::cond reading on ____ s_ep,_t_e_m_b_e_r_S-=-,_2_0_11 ___ _ ATTEST: APPROVED AS TO CONTENT: ·rector of Planning Zone Case No. 3 I 60 page -2 of 3 ARTfN. MAYOR AJ>PROV ED J\S TO FORM: ~~ Chad Weaver Assistant City Attorney vw/City Au/Ct1a<l/Zm1~•-•1ZCJ 161! Augusl 4, 201 ! Zone Case No. 3160 page -3 of3 :x8 Environmental, Inc. "EXHIBITA" METES AND BOUNDS DESCRIPTION: Ordinance No. 2011-00073 Being a 25.0 acre tract of land located along the South line in the SE U4 of Section 2, Block S, in Lubbock County, Texas and more particularly described as follows: BEGINNING at a Ill" iron rod with eap found in the South line of Section 2, Block S, also being the centerline of a graded county road (66th Street) and Southwest corner of this tract, said point bean N 88°50'38" W a distance of 1856.00 feet from the Southeast corner of Section 2, Block S, Lubbock County, Texas; THENCE N 01 °10'28"E, along the West line of said 25.00 acre tract, at 40.00 feet pass ·a Ill" iron rod with cap found in the North line of a said county road, continuing for a total distance of 905.55 feet, common to the East line of a 49.52 acre tract owned by Granite Construction, recorded in VoL 8624, Pg. 272, Real Property Records of Lubbock County, Texas, to a m" iron rod with eap found for the Northwest corner of this tract; THENCE N 88°50'24" W a distance of 1202.52 feet, common to a line from said 49.52 acre tract, to a tll" iron rod and eap set for the Northeast corner of this tract; THENCE S 01°10'28"E, a distance of905.47 feet to am" iron rod and cap set in the centerline of said county road, for the Southeast corner of this tract; THENCE N 88°50'38" W, a distance of 1082.99 feet along the centerline of said county road to the Point Of Beginning and containing 25.00 acres of land. THIS DESCRIPTION WAS PREPARED BY JERYL D. HART, JR., R.P.L.S. #1871. YL D. HART, JR., R.P.L.S.# 1871 7-2..)-1( "Partnering the Environment with Life" 5225 S. Loop 289 Office: 806-939-0033 Lubbock TX 79424 Fax:866-899-7063 =-·· 01 "'I ' ' I I I l BioSynergies 25.0 ACRES SECTION 2, BLOCK S :~ FOUHO IA0N -/CN' ' -------~ S[T IRON PIN/CN'~I ~ : -6&TH-ST-RE£T--------------------------------• . I~ ~ ,,. 10 ,~ POINT or BE:~ N as-~•.511• W 1oa2.99' ~------------llCS PO!"f BCAIIS ~•.:ie-w. SOVJli LH OF S(CTl()fj 2. BI.OCK S la5,&.Jl0 FJl0M THE SOUTH£AST COIINDI OF SCCTIOIQ. 8t.OCK S LLe90CI< COUNTY. TEXAS, • v-1.2~ X•Nl,Nl.9 COMY. NQ..E--na·o1· SECTION J, BLOCK S Ordinance No. 2011-00073 ..... tL& .............................. -. .. .. At .. ,__1,,....,l,.•lAlllillN&t._.,. ,_.,._ ,..._,., ........ ~ aCf"iMiPiiC••t.,_..,....,,...~.--...... -..~ ............. ~ .......... --., ...... ..., ....... __, ... ,......_ ..... --. .... .... .... 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