HomeMy WebLinkAboutOrdinance - 2005-O0072 - Amending Zoning Ordinance To Make Changes: Zone Case No. 3040 - 06/23/2005First Reading
June 23, 2005
Item38
ORDINANCE NO. 2005-{)0072
Second Reading
July 14, 2005
Item42
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3040; A ZONING CHANGE FROM T TO M-2
ZONING ON 6.74 ACRES OF UNPLATTED LAND OUT OF SECTION 38,
BLOCK A-K, 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 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 29-29 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. 3040
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from T to M-2 zoning district on 6.74 acres of
unplatted land out of Section 38, Block A-K, City of Lubbock, Lubbock
County, Texas, located at 3701 Upland Avenue, subject to conditions and being
further described as follows:
METES AND BOUNDS DESCRfi>TION: Attached as Exhibit "A,,.
SUBJECT TO THE FOLLOWING CONDITION:
1. THAT the parcel shall be zoned M-2 limited to a switching yard and
attendant activities.
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and Noll 00 Dollars
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance 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 reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 4. 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 23rdday of _ ___;J:..::un=e __ _____,, 2005.
Passed by the City Council on second reading this~ , 2005.
/MARC McD UGAL, MAYOR
ATTEST:
~.n.'C
Rebecca Garza, City Secretary
Zone Case No. <<ZoneCaseNo»
page-2 of2
APPROVED AS TO CONTENT:
~~
nior Planner
APPROVED AS TO FORM:
c_Y~-eL-
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCaseiZC3040
June 2, 2005
Zone Case No. «ZoneCaseNo»
page-3 of2
Ordinance No. 2005-o0072 Zone Case No. 3040
Exhibit "A"
Zone Case 3040 Metes and Bounds
Tract "A"
METES and ~OUNDS description on a 4.37-Acre Tract out of Section 38, Block
AK Lubbock County, Texas further described as follows:
Beginning at a%" iron rod with cap, set in the South line of a 57.31 acre tract
described in Volume 1851, Page 250 of the Deed Records of Lubbock County,
Texas and in the North existing and proposed railroad right-of-way line, for the
Northwest and beginning corner of this parcel, whence the Northwest corner of
Section 38, Block AK, bears N87°38'52'W a distance of 1,162.93 feet and
N02°25'06"E a distance of 1,721.23 feet:
Thence 575°28'01 "E, along the proposed North railroad right-of-way line a
distance of 1 ,002.20 feet to a ~" rod with cap, for a comer of this parcel;
Thence S69°44'58"E, along the proposed. North railroad right-of-way line a
distance of 906.32 feet to a Y2" rod with cap, for a comer of this parcel;
Thence S64°02'24"E, along the proposed North railroad right-of-way line a
distance of 1 ,004.32 feet to a ~" rod with cap, for the Southeast comer of this
parcel;
Thence N69°44'52'W, a distance of 2,483.33 feet to a Yz" rod with cap, for a
comer of this parcel;
Thence N69°45'01 'W a distance of 419.54 feet to a Yz" rod with cap and the
place of beginning, of which contains 4.37 acres.
Ordinance No. 2005-o0072 Zone Case No. 3040
Exhibit "A,.
Tract "B"
METES and BOUNDS description on a 2.21-Acre Tract out of Section 38, Block
AK Lubbock County, Texas further described as follows:
Beginning at a~" rod with cap, set in the East section line of Section 38, Block
AK for the Southeast and beginning comer of this parcel, whence the Southeast
comer of Section 38, Block AK, bears S02°22'15'W a distance of 2,137.36 feet;
Thence N69°45'03'W a distance of 789.22 feet to a ~~~ rod with cap, for a comer
of this parcel; ·
Thence Northeasterly along a curve to the left, said curve having a radius of
1,195.92 feet, a chord bearing of N55°50'37'W, and a chord distance of 343.33,
a distance of 344.52 feet to ~" rod with cap, for a comer of this parcel;
Thence N64°05'48'W a distance of 184.22 feet to a ~· rod with cap, for the
Northwest corner of this parcel;
Thence S69°44'52"E a distance of 1,273.31 feet to a Yz" rod with cap, set in the
East section line of Section 38, Block AK, for a comer of this parcel;
Thence S02°22'15W a distance of 105.72 feet to the place of beginning, of
which contains 2.21 acres.