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HomeMy WebLinkAboutOrdinance - 2005-O0006 - Amending Zoning Ordinance Making Changes: Case No. 2256; Corrections Facility - 01/13/2005I First Reading January 13, 2005 Item No. 40 ORDINANCE NO. 2005-{)()006 Second Reading January 27, 2005 Item No. 16 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2256-A; A ZONING CHANGE FROM :M2 TO M2 SPECIFIC USE FOR A CORRECTIONS FACILITY ON A 50.56 ACRE TRACT OF UNPLATTED LAND OUT OF BLOCK A, SECTION 41, 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 29-24 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. 2256-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from M2 to M2 Specific Use for a corrections facility under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on a 50.56 acre tract of unplatted land out of Block A, Section 41, City of Lubbock, Lubbock County, Texas, located south and east of the comer of East Kent Street and North Holly Avenue, 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 29-24 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 M2 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 29-24 (c) (29) of Codified Zoning Ordinance No. 7084 on the property described as a 50.56 acre tract of unplatted land out of Block A Section 41, City of Lubbock, Lubbock County, Texas. II SECTION 3. 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 in Section 29-3 1 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 this 13th day of ----=-J=an;:::.:u=a=ry...___, 2000. Passed by the City Council on second reading this 27th day of ATTEST: g~ .... J2m '-R; ecca Garza, City Secretary \:: Zone Case No. 2256-A page-2 of3 AL,MAYOR APPROVED AS TO CONTENT: APPROVED AS TO FORM: Linda L. Chamales Senior Attorney Office Practice aslcityatt/Linda/ZoneCases!ZC2256-A December 2, 2004 Zone Case No. 2256-A page-3 of3 Zone Case No .. 2256-A Exhibit "A,, Ordinance No. 2005-00006 HUGO REED AND ASSOCIATES. INC. LAND SURVEYORS CIVIL ENGINEERS 1801 Avenue N I Lubbock, Texas 79401/806/763·5642/ FAX 8061763·3891 METES AND BOUNDS DESCRIPTION for the plat limits of Proposed Tract B, Lubbock County Industrial Park, an to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East right-of-way line of Holly Avenue which bearsS. 00"00'12~ E. a distance of 600.21 feet and N. 69"59'48. E. a distance of 1170.00 feet from the Northwest corner of Section 41 , Block!«, Lubbock County, Texas; A THENCE N. 89"59'46" E. a distance of 1193.90 feet to a point; THENCE North a distance of 512.78 feet to a point in the South right-of-way line of East Kent Street; THENCE N. 88"39'35" E., along the South right-of-way line of East Kent street, a distance of 30.01 feet to a point: THENCE South a distance of 513.48 feet to a point; THENCE N. 89"59'48. E. a distance of 351.10 feet to a point; THENCE S. 00"00'12" E. a distance of 1449.00 feet to a point; THENCE S. 89"59'46" W. a distance of 1635.00 feet to a point in the West line of that tract of land described in Volume 3714, Page 340, Real Property Records of Lubbock County, Texas; THENCE N. 00"00'12" W., along the West line of said described tract, a distance of402.00 feet to a point In the West right- of-way line of Holly Avenue; THENCE N. 89"59'48" E. a distance of 60.00 feet to a point in the East right-of-way line of Holly Avenue; THENCE N. 00"00'12" W ., along the East right-of-way line of Holly Avenue, a distance of 575.00 feet to a point of curvature; THENCE Northeasterly, along a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90", tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a point of Intersection; THENCE N. 00"00'12. W. a distance of 60.00 feet to a point of intersection; THENCE Northwesterly, along a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90", tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a point of tangency in the East right-of-way line of Holly Avenue; THENCE N. 00°00'12" W ., along the East right-of-way line of Holly Avenue, a distance of 382.00 feet to 1he Point of Beginning. Contains: 50.564 acres of land Prepared from office files for zone change request only. Does not represent a survey.