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HomeMy WebLinkAboutOrdinance - 2006-O0113 - Amending Zoning Ordinance To Make Changes: Zone Case No. 1335-A; Del Prado Addt. - 10/26/2006First Reading October 26, 2006 Itea No. 6.2 ORDINANCE NO. 2006-oQ113 Second Reading November 9, 2006 Itea No. 5.3 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1335-A; A ZONING CHANGE FROM R-1 TO M-1 ZONING ON LOTS 23-25, DEL PRADO ADDITION, 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 Cowtcil and, after due consideration, the City Council fowtd 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. 1335-A 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 R-1 to M·l zoning district on Lots 23- 25, Del Prado Addition, City of Lubbock, Lubbock County, Texas, located at 715 E. 73rd Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: I. THAT the applicant will replat the three lots and relocate the alley to divert to the south on the west end of the redeveloped lots. 2. THAT the applicant shall install a screening fence with fifteen feet of front setback along 73rd Street, and along the west property boundary adjacent to the new alley. 3. THAT no access to the industrial facility will be allowed from the front of the three lots requested for rezoning. One access point shall be allowed for an employee parking lot. 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 29-31 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. Zone Case No. 1335-A page -2 of2 II AND IT IS SO ORDERED. Passed by the City Council on frrst reading this 26th day of __ ....::;o.=.ct=.::o::.:b;;:e=-r--, 2006. Passed by the City Council on second reading this 9th day of November , 2006. -= Z::>~""if~ __. DAVID A.MILLER, MAYOR ATTEST: SIJY\._ APPROVED AS TO FORM: ~..<:.<-Y~~ Linda L. Chamales Senior Attorney Office Practice aslc:ityatt/Linda/ZoneCase/ZCI335-A October 5, 2006 Zone Case No. 1335-A page-3 of2 Exhibit "A" Autrey, McDaniel & Dulin, LP Rezone to M-1 Zone Case No. 1335-A Ordinance No. 2006-oOlll CIVIL ENGINEERING LAND PLANNING METES AND BOUNDS DESCRIPTION of a 0.56 acre tract ofland located in Section 6, Block E, Lubbock County~ Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at the Southwest Comer of Lot 23, Del Prado Addition, Lubbock County, Texas; THENCE North an approximate distance oft 40 feet; THENCE East an approximate distance of 180 feet; TIJENCE South an approximate distance of 50 feet; THENCE S 45° W an approximate distance of 14.14 feet; THENCE South an approximate distance of 80 feet; TIIENCE West an approximate distance of 170 feet to the Point of Beginning and containing approximately 0.56 acres, including any Right ofWay. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Hoyt Nix September 13,2006