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HomeMy WebLinkAboutOrdinance - 2007-O0120 - Amending Zoning Ordinance To Make Changes: Zone Cae No. 3095-A; 0.97 Acres - 11/20/2007First Reading November 20, 2007 Item No. 6.3 ORDINANCE NO. 2007-00120 Second Reading December 6, 2007 Item No. 5.9 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3095-A; A ZONING CHANGE FROM A-1 TO A-3 ON 0.97 ACRES OF UNPLATTED LAND OUT OF SECTION 22, BLOCK A, LUBBOC~ TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 compiled 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 Ordinances 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. 3095-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 A-1 to A-3 zoning district on 0.97 acres of unplatted land out of Section 22, Block A Lubbock, Lubbock County, Texas located at West of Topeka Avenue at Auburn Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the residential zoning is A-3 limited to three (3) story construction; and 2. THAT a seven foot (7') masonry or stone fence, or a seven foot (7') masonry base with piers and wood inserts shall be built oo the east boundary (the property line adjacent to the mobile home subdivision and North Colgate Drive) parcel. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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. AND IT IS SO ORDERED. Passed by the City Council on first reading this 20th day ofNoveui>ei:; 2007. Passed by the City Council on second reading this 6th day of Dec~ 2007 . ._ -?:> ,d{p#4-- DA VIDA. MILLER, MAYOR ATTEST: APPROVED AS TO FORM: ~c7' £~ Linda L. Chamales, Senior Attorney Office Practice vw/CCDOCS/CITY A TT/UNDA/zc3095-A November 2, 2007 Zone Case No. 3095-A page-2 o/2 . ' Ordinance No. 2007-00120 CIVIL ENGINEERING LAND PLANNING Autrey, McDaniel & Dulin, LP J r,,tt;J. NEUT ,4 Rezone to A-3 METES AND BOUNDS DESCRIPTION of a 0.97 acre tract ofland located in Section 22, Block A, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at the southwest comer of Lot 147, La Fiesta Estates, Lubbock County, Texas; THENCE S 53°03'00" Wan approximate distance of 156.73 feet; THENCE Southwesterly along a curve to the left having a radius of 76.41 feet, a central angle of 53°03'00", a chord distance of 68.25 feet, a chord bearing of S 26°31 '30" W, and an arch length of70.75 feet; THENCE S 00°16'24" Wan approximate distance of 57.13 feet; THENCE West an approximate distance of 120.05 feet; THENCE North an approximate distance of 155.00 feet; THENCE N 53°03'04" E an approximate distance of255.11 feet; THENCE S 36°57'00" E, along the Southwest line of Lot 147, La Fiesta Estates, an approximate distance of 120.06 feet to the Point of Beginning and containing approximately 0.97 acres. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Campus Crest September 11, 2007 CITY $ECRETARY NOT ARY PUBLIC in and for the State of Texas _ln_s_1_'di_e_C_i_a_s_s_it._ie_d_M_a_n_a,.9 __ ~,-_-__ L_u_e:::soc:::::::K.:..:TEXAS:.=.::.:.-Jmy commission Expires Sll/2011 LUBBOCK AVALANCHE-JOURNAL ~orris Communication Corporation Subscribed and sworn to before me this FORM58-10 _;J.J ___ NJ ___ dayof ~ ALAN C WEEMS Nota,v Public. Sttte of Texas My Commie&ion Expires Mav 01, 2011