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HomeMy WebLinkAboutOrdinance - 2012-O0115 - Amending Zoning Ordinance; Zone Case No. 3190; 4.19 Acres Uplatted Land - 09/27/2012First Reading September 27, 2012 Item No. 6.6 ORDINANCE NO. 2012-00115 Second Reading October 11, 2012 Item No. 5.28 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3190; A ZONING CHANGE FROM T TO IHC ZONING DISTRICT ON 4.19 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 30, 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 la\V for a valid amendment to the Zoning Ordinance and Map have been fully complied with, including giving notices in compliance with Section 40.01.005 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. 3190 SECTION l. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from T to IIIC zoning district on 4.19 acres of unplatted land out of Block AK, Section 30, City of Lubbock, Lubbock County, Texas, located at 6542 82nd Street. 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/100 Dollars ($2,000.00) as provided in Section 40.01.006 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 on September 27, 2012 Passed by the City Council on second reading on October 11 2012 ATTEST: APPROVED AS TO CONTENT: 74 ;Je,._ s ~ APPROVED AS TO FORM: dt~~ Chad Weaver Assistant City Attorney vw/cityatt/Chad/ZoneCase/ZC3190 September 6, 2012 Zone Case No. 3190 page -2 of 2 No Text -0 CJ 0 I (!) I (!) 1I 1-::, 0 (f) I I I I-I 0:: ,o Ii I~ _j~ THS PONT BEARS S89"5S'OO"E ~-FROM THE SOUTl-lWEST ~ r:F sa.ffi-lEAST OUARTER a-SECllCN 30, B1.00( AK PERJMETER SURVEY OF 5.00 ACRE TRACT OF LAND LOCATED IN SECTION 30, BLOCK AK LUBBOCK COUNTY, TEXAS 589"55'ob"E 330.00' 302.0 5.00 ACRES (IMf'ROVEMENTS NOT SHOWN) - - -------"'2.a:____ - - -SCALE: 1"=100' CONTROL MQNUMENTS AS FOUND & SHOWN • -SET 1/2 ROD w/CAP 081903/W.W.(W.P.R.) 0 CJ 0 (!) (!) 1: r ~~ ij~ I I-::, 0 (f) I I I-a:: 0 z No abstract of title or title commitment was prqvided to this surveyor. Record research done by this surveyor was made only for the purpose of determining the boundary of this property and of the adjoining parcels. Record documents other than those shown on this survey may ex.ist and encumber this property. METES Al'1D BOUNDS DESCRJPTJON of a 5.00 acre tract of land located in Section 30, Block AK, Lubbock Coonty, Texas, being further described as follows: BEGINNING at a point in the South line of said Section 30, Block AK. for the Southwest comer of this tract which bears S. 88°55'00" E.· a distance of990.00 feet from the Southwest corner of the Southeast QuArter of Section 30, Block AK, Lubbock Cou~ty, Texas; THENCE North, at 55.00 feet pass a point in the North right-of-way line of a 55.00 foot easement described in Volume l l 12, Page 40 I, Deed Records of Lubbock County, Texas, continuing for a total distance of 660.00 feet to point for the Northwest corner of this tract; THENCE S. 89°55'00" E., at 28.00 feet pass a 1/2" iron rod with cap set in reference, continuing for a total distance of330.00 feet to a l/2" iron rod with cap set for the Northeast comer of this tract; THENCE South, at 605.00 feet pass a 1/2" iron rod with cap set in said North right-of-way line, continuing for a total distance of 660.00 feet to a point in the South line of said Section for the Southeast corner of this tract; THENCE N. 89°55'00" W., along the South line of said Section, a distance of 660.00 feet to the Point of Beginning. Contains: 217,800 sq. ft. or 5.00 acres CERTIFICATION TO: Eighty Second St. !av. LLC !;Brent Carroll, Texas Registered Professional Land Surveyor No. 5410, do hereby certify that this survey was made oo the ground. A determination as to wh~ther this property lies within a special flood hazard area was not made for this survey. October 9, 2008 WARNING This plat is invalid unless it bears an original signature across an embossed seal. t-U30 FE£:D AND ASSOCIATES, INC, CML ENOINEERB 11'0! AVENUE N l.UB80CK. TEXAS 7a401 PHONe , ceoe 703,-5e42 FAX • ceoe 7e3-0891 CopytipllOOl,H11101l=iandAuociatn, W.. l'orthc1nl&\IH oflilliCG. to,CFl•!'ld1ny1;1thridentificr,uin.dic:11cdinlheeenifiea1eshowrihl:t'C'lffl.