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HomeMy WebLinkAboutOrdinance - 2008-O0009 - Amending Zoning Ordinance To Make Changes: Zone Cae NO. 3099 - 01/24/2008First Reading .January 24, 2008 Itea No. 5.2 ORDINANCE NO. 2oos-oooo9 Second Reading February 14, 2008 Item No. 5.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND TilE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3099; A ZONING CHANGE FROM R-3 AND C-4 TO IHC ZONING ON 1.5 ACRES OF UNPLATTED LAND OUT OF SECTION 19, BLOCK A, LUBBOCK, 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. 3099 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 ofthe CityofLubbock from R-3 and C-4 to IHC zoning district on 1.5 acres of unplatted land out of Section 19, Block A Lubbock, Lubbock County, Texas located at East of Avenue R between Marsha Sharp Freeway and 3rd Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITION: 1. That the applicant may choose to place a screening fence on the west boundary; the Code does not require the fence. If placement is chosen, the twenty five foot vision cut off shall be observed at Marsha Sharp and Avenue R as well as Avenue Rand 3rd (including the solid waste compound at 3rd and Avenue R). SECTION 2. THAT violation of any provisions of this Ordinance shall be I 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 24th day of January, 2008. Passed by the City Council on second reading this 14th day ofFebruary, 2008. :0~~- DA VID A. ILLER, MAYOR ATTEST: £4-e#:" '51/ Rcl;; ca Garza, City Secretar)1t Zone Case No. 3099 page-2 of3 APPROVED AS TO FORM: d~~~~ Linda L. Chamales, Senior Attorney Office Practice vw/CCDOCSICJTY A TI/LINDA/zc3099 January 10,2008 Zone Case No. 3099 page-3 of3 LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND Ordinance No. 2008-0Q009 ASSOCIATES, INC. 1601 Avent,. N I Lubbock, Tax .. 71401 I 106/763-5642 I FAX 806/713-lt&t METES AND BOUNDS DESCRIPTION for a tract of land located in Section 19, Block A, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the centerline of Avenue "R" and the centerline of 3rd Street which bears N. 87°53'53" W., an approximate distance of 25.0 feet, and N. 02°12'33" E., an approximate distance of 30.0 feet from the original Northwest corner of Lot 6, J.H. Dodson Subdivision, City of Lubbock, Lubbock County, Texas, and the Northwest corner of this tract; THENCE S. 87°53'53" E., along the centerline of said 3rd Street, an approximate distance of 179.7 feet to a point in line with the East line of an existing 20 foot alley, and the Northeast corner of this tract; THENCE S. 02°1 0'29" W ., along the East line of said 20 foot alley, an approximate distance of 354.8 feet to a point in the North right-of-way line of Marsha Sharp Freeway, and the Southeast corner of this tract; THENCE S. 89°22'34" W., along the North right-of-way line of said Marsha Sharp Freeway, an approximate distance of 180.4 feet to a point in the center line of Avenue "R", and the Southwest comer of this tract; THENCE N. 02°12'33" E .• along the centerline of said Avenue "R", an approximate distance of 363.3 feet to the Point of Beginning. CONTAINS: approximately 1.5 acres THIS DESCRIPTION IS SUBMITTED FOR A ZONE CHANGE REQUEST ONLY. IT DOES NOT REPRESENT AN ACTUAL SURVEY. 1~;~ --.··. -~ tW/rJe Sa es Mana er ~CK AVALANCHE.JOURNAL .ri'Gcommunication Corporation to[per Siib~ribed and swom to before me this ~ .. ' . •. f.OAM58·10 RECEIVED 0 2008 OTARY PUBLIC in and tor the State of Texas y commission Expires sn/2011 ___ 4 .... ~ _______ day of