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HomeMy WebLinkAboutOrdinance - 2005-O0091 - Ordinance Amending Zoning Ordinance Making Change: Zone Case No. 2826-B - 07/28/2005First Reading July 28, 2005 Item44 ORDINANCE NO. 2005-{)0091 Second Reading August 8, 2005 Item 15 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2826-B; A ZONING CHANGE FROM C-4 TO M-1 ZONING ON 3.95 ACRES OF UNPLATTED LAND OUT OF SECTION 9, BLOCK E, 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. 2826-B 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 C-4 to M-1 zoning district on 3.95 acres of unplatted land out of Section 9, Block E, City of Lubbock, Lubbock County, Texas, located on 87th Street and Avenue P, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a seven-foot solid screening fence shall be installed completely around any outside stack of materials. 2. THAT 5% of the parcel(s) shall be landscaped. 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 in Section 29-3 1 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 23th day of _ _,J....,u .. l~Y----'' 2005. Passed by the City Council on second reading this _8th_ day ATTEST: ~~ 5:+-., Rebecca Garza, City Secretary (' Zone Case No. 2826-B page -2 of3 APPROVED AS TO CONTENT: g APPROVED AS TO FORM: ~L~d~_e:___ Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCase/ZC2826-B July 7, 2005 Zone Case No. 2826-B page -3 of3 Plot and field Notes on o 3.95 Acre Tract out of Seclfon 9, Block [, Lubbock County, Texas ~'-"''· ---------;;,;;-=-------. . B ...... t v. la34 -----45.23' ---'P. 402, -----(i!) N .... ,..,. -'"'~) . -• "' in ... a: <D cO ..; co l::t , .. :> w tl ~ !. .on 1: f i. 0 b 0 z E 466.66' 426.66' ( ·a 1: .... .:tl. u 0 iii 3.95 Acres ttO c ~ -u • en (I) Found l/8. Rod u· ro.t 426.64' s 89'59'25. w 466.64' I I ... Souttleoat Comer of tfl#/4. ~. · Section 9, 8IOdl E . I ~ ~ • RR Sfll<e 2.2' ro.t . I , f S A<:,... ift r-of Square of Calclllaled ~ I I ~ In asS.....~ Ill Deed Section Conw '-'--~ On N(/4 V. HI, P. 231 .,_, an ...,..,.. Found ............. "' lfll/4 . I I . ., .., ............... ftWJIIII~"'~----.,., .... { FIELD NOTES on o 3.95 Acre Tract out of Section 9, Block E, Lubbock County, Texoe, being further described by metes and bounds as followe: BE<J~NG at a point neor the center of Avenue P and the East line of Section 9 for the Souttleaat comer of this tract whleh bean N 00"02'04• w. 466.75 feet tram the Southeoat comer of Section 9, Block E,whence o found railroad aplite lor be«w Eoet 2.2 feet: ll£NCE S 89"59' 25• W, ot 40 feet pass a found 1/2" Iron rod, In all 466.64 feet to a found t /2" Iron rod for the Southweet comer of this troc:t whence a found 3/J!' rod bean. East 1.6 feet: ll£NCE N oo•o1'53• E. 368.65 feet to a :~et 1/2" rod with orange cap marked RPLS 4460 for the Northwest comer of this tract: ll£NCE N 89"57'02" E, of 426.66 feet pass o found 1 /2" iron rod, in oil 466.86 feet to o point near the cenh1r olf Avenue P ond In the East line of Section 9, for 1M Northeast comer of thb troct; lt£NCE S 00"02'04" W, with sold Avenue P, 368.94 feet to the Place of Beginning and containing 3.95 Acres Including any Right-of-Way. ~.-. ® ® 0 Scale: , •• ,oo· Surw)'eCI For: Car1 Wart._, ~· or. 9eocletlc baeed an • mwfdlon !trough the Scutneaet .,.,.,.,. of S..:tlon 1, !lock A. 101' 5lf 09" Set I /2' Rod With ar.,g. Cop Wariced RPLS +leO F'd. 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