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HomeMy WebLinkAboutOrdinance - 2009-O0040 - Amending Zoning Ordinance To Make Changes: Zone Case NO. 2996-B - 04/27/2009First Reading April 27. 2009 Itea No. 6.3 ORDINANCE NO. 2009-o0040 Second Reading Hay 14. 2009 Iteua No. 5.12 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2996-B; A ZONING CHANGE FROM R-1 and C-3 SPECIFIC USE TO A-2 ZONING DISTRICT ON 16.25 ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTION 1, 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. 2996-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 ofthe City of Lubbock from R-1 and C-3 Specific Use to A·2 zoning district on 16.25 acres of unplatted land out of Block A, Section 1, City of Lubbock, Lubbock County, Texas, located at South of East Emory Street and East of North Ivory Avenue. 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 No/1 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 27th day of April Passed by the City Council on second reading this 14th day of May ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: a~ Chad Weaver Assistant City Attorney vw/cityatt/Chad/ZoneCase/ZC2996-B April 2, 2009 Zone Case No. 2996-B page -2 of2 , 2009. '2009. Ordinance No. 2009-00040 FIELD NOTES on a 16.248Aae Trac:toutofSedlcn 1, Block A. Lubbock County, TUit being furthefdallrilad bymlllllnnd bounds as folloWa: BEGINNING at a •t 1/'Z' rod wlh orange cap marlaKI RPLS 4460 for the Soultlaaet comer of ltlie trlld ~a found rod will orange C8j) (Telford) fortha So~comerofTracl C. ~nzla Manors. recoRied in Volume 1090, Page 361, Deed Realrda, Lubbodl County, T81CU btanJN 00"16'18'W,12.0.0Sfeet; THENCE S 88"45'30: W, w-.ltle North lina of ComeH Slratll, 214.61 feet to a found JOd w«h or.nge ~ (Telanl) at 1118 start of a rorw; THENCE lOth a CUNe to fie right having a radius of 148.13faet, a dlold dilltlnat of 1SUI4 fHt, a c.nhlangleof64'50'40', and a ctiOid beari'lll of N 57'41'34'W to a found rod lliii!Otllnge cap (Telbld)foraoomerofhsftd; THENCE N 25"21'300 W, will the Eat Jne of Ivory AYIIIIUe, at 805.79 feet pase a 181 112' rod will cnnge alP mlll1led RPLS 4480, in all 1042.05 feet 10 a found rod with OlliJISe cap (Telfold) for tie Nolll'lwest c:om..-offlil hid; THENCE N 64 '3e'21 " E, w-. Emor} Street, 703.92 feet to a found 1 12' lui rod at th .. l.rt of a a~r-. THENCE with a rurw tD the~~ having a llldius of26S.SO feel, a dlold diltance of 115.48 fHt, a c.ntnllangle of 25"U7'22", and a diOid beamg of N 77'48~44· E to a found 1/'Z' irvn rod for a c:ornarofthis lrac:.t; THENCE N 89'44'2t ·E. 40.1 t feat to a Ht112' rod with orange cap marked RPI..S 4460 lorltle Noltheat comer ofltlillrael; THENC~ S 00"16'18' E, wlh the wutline of the t111c:t described in Vok.lme 8953, Page 317, Lubbock County Oftidel Public Records and the Welt line of •id T111c:t C, Mec;kenzla Manor, 1351.91 feet to 1he Place of Beginning and contlining 16.248 Allrw including any Right otWay • • t-. ••