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HomeMy WebLinkAboutOrdinance - 2008-O0101 - Amending Zoning Ordinance To Make Changes: Case No. 1345-B - 11/20/2008First Reading November 20, 2008 Item No. 6.2 ORDINANCE NO. 2008-oOIOl Second Reading December 4, 2008 Item No. 5.8 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1345-B; A ZONING CHANGE FROM C-2 TO C-3 ZONING DISTRICT ON LOT 102 WINNIEWOOD ADDITION AND A .75 ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 5, BLOCK E, LUBBOCK, TEXAS; 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. 1345-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-2 to C-3 zoning district on Lot 102 Winniewood Addition and a .75 acre tract of unplatted land out of SectionS, Block E, City of Lubbock, Lubbock County, Texas, located at North of 82nd Street and West of Interstate 27. METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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 20th day of November , 2008. Passed by the City Council on second reading this 4th day of December , 2008. TOM MARTIN, MAYOR ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/cityatt!Chad/ZoneCase/ZC 1345-B 11/07/08 Zone Case No. 1345-B page-2 oj2 FIELD NOTES on a 0. 75 aae tract,put of Section 5, Block E, Lubbodc County. Texai being the same lract as the two tracts desaibed in Volume 8l02, Page HiT and Volume 7451, Page 76, Lubbodc County Official Pubfic Records. and being further de~bed by metes and bounds as follows: .. BEGINNING •. t a folUld 1/2" iron rod for the Northwest earner of Lot 102. W111niewood ~~ as recorded in Volume 2494, Page 252, Lobbed County Real f'roj>erty Records for the Northeast comer of lhis tract which by calls~ North, 241 feet and West, 209.44 feet from the Soulheast cxtner of the Southwest Quarter (SW/4) of Section 5, Block E; ~~ :: . , . . · THENCE S ot•47'52"W(Texas North Central Zone Bearing Basis), along :: the West line _of Lot 102, Winniewood Addtion, 171 .38 feet to a found rod ·· with yellow cap in lhe North line of 82nd Street for the Southeast oomer of this tract; • THENCE, for this and the next three calls along the Nor1h line of 82nd Street. N W13' 02" W, 12 . .46 feet to a aal1/2" rod with orange cap marked ,. RPLS 4460 at a point of wvature: ·. THENCE Westerly, ~lh a curve to the right having a radius of 765.21 feet, a chord distance of 33.391eet, a delta angte of OT30' and a chord bearing of N 88"58'02" W to a set 1/2" rod with otange cap marked RPt.S 4460 for a point of tangency; THENCE N 85"43'46" W, 85.63 feet to a .set 1 rr rod with orange cap marked RPLS 4460 for a comer of this traCt; THENCE N 85•49'04" W, 63.60 feet to a cuf"X" in oonaete for the Southwest corner of this tract; THENCE N 01"51'17" E. along lhe East Uneolan alley, 163.73 feet to a found imn pipe for the Southwest corner of Lot 101 Winniewood Addition and the Noc1hwest comer of this tract; THENCE S 88.14'31" E. along the South line of Lot 101, Wmnlewood Addillon, 184.77 feet to the Place of Beginl'ling and containing 0.75 Aaes inaudlng any Right of Way. S:\COOR2006\PI'S\Lubbock\WINNIE WOOO\FIELO NOTES on a 075 Aae Tract Section 5, Block E.doc ·n PI AT ~OWN A<: ~111)\/IC"VIC"r'\ 1\~1 TUIC" Ordinance No. 2008-QOlOl •to