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HomeMy WebLinkAboutOrdinance - 2009-O0093 - Amending Zoning Ordinance Case 3128; Specific Use For An Animal Shelter - 09/24/2009First Reading Septe.ber 24,. 2009 Ite. No. 6.2 ORDINANCE NO. 2009-o0093 Second Reading October 8,. 2009 Ite. No. 5.25 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3128; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE FOR AN ANIMAL SHELTER ON 15.327 ACRES OF PLATTED AND UNPLATTED LAND INCLUDING A PORTION OF TRACT 7, S.I. JOHNSON SUBDIVISION OF A PART OF SECTION 4, BLOCK B, SECTIONS l, 2, 3, AND 4, BLOCK S AND SECTION 23, 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 Govenunent 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. 3128 SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock from M-2 to M-2 Specific Use for an animal shelter on 15.327 acres of platted and unplatted land including a portion of Tract 7, S.I. Johnson Subdivision of a part of Section 4, Block B, Sections 1, 2, 3, and 4, Block S and Section 23, Block E9 City of Lubbock, Lubbock County, Texas, located at 3227 Slaton Road, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 29-24 of the Codified Zoning Ordinance, which provides that a Building Permit shall be applied for and secured within thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in this case is the M-2 zone district; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is pennitted under provision of Section 29-24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described as 3227 Slaton Road, City of Lubbock, Lubbock County, Texas. SECTION 3. 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 4. 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 5. 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 Septelllber , 2009. Passed by the City Council on second reading this 8th day of October 2009. ATTEST: TOM MARTIN, MAYOR Zone Case No. 3128 page-2 of3 APPROVED AS TO CONTENT: APPROVED AS TO FORM: at~ Chad Weaver Assistant City Attorney vw/CityAtt/Chad/ZonesiZC3 I 28 September 3. 2009 Zone Case No. 3128 page-3 of3 Ordinance No. 2009-o0093 Exhibit A FIELD NOTES on a 13.042 acre tract of land being out of Tract 8, Lowery Subdivision (as recorded in Volume 576, Page 35, Deed Records) of Sections 35, 36, 37 and 38, Block A~K and Section 28, Block E-2, Lubbock County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a !12» iron rod with cap set for the Northeast comer of this 13.042 acre tract, whence the Northeast comer of Tract 8, Lowery Subdivision bears East, a distance of 48.29 feet and N 0°04' 51» E a distance of 1405.43 feet; THENCE Southwesterly, along the existing Westerly right of way line of the West Texas and Lubbock Railroad, a arc distance of 522.04 feet to a W' iron rod with cap set for a corner of this 13.042 acre tract, said curve having a radius of 1223.24 feet and a chord that bearsS 30°03'55" W, a distance of518.09 feet; THENCE S 53°54'38" W, along the existing Westerly right of line of the West Texas and Lubbock Railroad, a distance of 218.52 feet to a 1" iron pipe found for the Southwest corner of this 13.042 acre tract; THENCE N 89°58'51" W, along the North line of Pine Groves Estates Addition, a distance of 710.81 feet (71 0.60') to a W' iron pipe found for the Southwest comer of this 13.042 acre tract; THENCE N 0°06'36" E, a distance of576.89 feet to a W' iron rod with cap found for the Northwest comer of this 13.042 acre tract; THENCE East, a distance of 1145.80 feet to the point of beginning. CONTAINING 13.042 acres of land. Distances in ( ) are deed call.