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Home My WebLink AboutOrdinance - 2008-O0112 - Amending Zoning Ordinance To Make Changes Zone Case No. 3114 - 12/17/2008First Reading December 17, 2008 Item No. 6.2 ORDINANCE NO. 2ooa-oon2 Second Reading January 8, 2009 Item No. 5.17 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3114; A ZONING CHANGE FROM M-1 TO M-2 ZONlNG DISTRICT AND IDP ZONING DISTRICT ON 44.4 ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTION 16, 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 requi.red 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. 3114 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 M-1 to M-2 zoning district and IDP zoning district on 44.4 acres of unplatted land out of Block A, Section 16, City of Lubbock, Lubbock County, Texas located at 2201 North Loop 289, 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 area south of the center eight hundred fifty foot (850') portion shall remain zoned M-1 or actually excluded from the case forwarded to the Council. 2. THAT the northern three hundred feet (300') of the parcel be zoned IDP (Industrial Park) and shall be developed with the uses and design standards included in IDP. 3. THAT the center eight hundred fifty feet (850') shall be zoned M-2. 4. THAT the Applicant shall make every effort to have Butler Construction vehicles or vendors to his property not use Avenue X from Marshall Street for ingress and egress to his business. 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 17th day ofDeceabe:r; 2008. Passed by the City Council on second reading this 8th day of January, 2008.9. ATTEST: RBa G•na, City Secretaiy TOM MARTIN, MAYOR Zone Case No. 3114 page-2 of3 APPROVED AS TO CONTENT: 14 Randy Henson, Dir Chad Weaver Assistant City Attorney vw/CityAtt/Chad!Zones/zc3114 December 5, 2008 Zone Case No. 3114 page-3 of3 0 0 HUGO REED Ordinance No. 2008-o0112 AND ASSOCIATES, INC. LAND SURVEYORS CIVIL ENGINEERS 1101 A .. nuo N I Llll> .. oolt, Tun 7t401 I 8D1111U·S642 I FAll 10ti7U·:JII1 METES AND BOUNDS DESCRIPTION for a zone description of an approximately 44.4 acre tract of land located in Section 16, Block A, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East right-of-way line of North Avenue ·x~ which bears approximately 660.0 feet North, and approximately 765.0 feet East from the Southwest comer of the Northwest Quarter of Section 16, Block A, Lubbock County, Texas; THENCE N. 89°59'48• E., an approximate distance of 1177.4 feet to a point; THENCE East, an approximate distance of 37.5 feet to a point; THENCE North, an approximate distance of 1818.6 feet to a point in the South right~f-way line of Loop 289; THENCE N. 89.44'22• W., along said South right~f-way line, an approximate distance of693.7 feet to a point; THENCE S. oo·oo'14~ w., an approximate distance of 502.2 feet to a point; THENCE N. 89.59'38" W., an approximate distance of 281.2 feet to a point; THENCE S. oo·oo'54" E., an approximate distance of 300.0 feet to a point; THENCE S. 89.59'43• W., an approximate distance of 300.0 feet to a point in the East right~f-way line of said North Avenue "X"; THENCE S. 00"01'49" E., along said East right-of-way line, an approximate distance of 864.3 feet to a point; THENCE S. 20.55'38" E., an approximate distance of 166.3 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Allen Butler, November 6, 2008 • .... z Not to Scale --, I I I I I _ _I LOOP 2&) 44.4 Acre T reid Pf2EPAeEO FOIZ ALLEN elJTLEe, NOVEM~e "' 2008 : • - t-LGOAtll AND ASSOCIATES .. INC.