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Home My WebLink AboutOrdinance - 2007-O0052 - Amending Zoning Ordinance 7084. Zone Case 2995-D - 05/24/2007First Reading Hay 24, 2007 Item Ho. 6.3 ORDINANCE NO. 2007~052 Second Reading June 14, 2007 Item No. 5.3 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2995-D; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON APPROXIMATELY 1.004 ACRES (43,750 SQUARE FEET) OF UNPLATTED LAND OUT OF THE SOUTHERN PART OF SECTION 29, BLOCK AK, 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 required 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 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 Cmmcil 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. 2995-D 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 approximately 1.004 acres (43,750 square feet) of unplatted land out of the southern part of Section 29, Black AK, City of Lubbock, Lubbock County, Texas, subject to conditions and located at 6210 82nd, and being further described as follows: METES AND BOUNDS DESCRIPTION: ATTACHED AS EXHIBIT "A" SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the zoning be tied to the building elevation and site plan as presented. 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 24th day of May , 2007. Passed by the City Council on second reading this 14th day of June , 2007. ATTEST: ~~J:> c;= Re ecca Garza, C1ty Secretary APPROVED AS TO FORM: ~~~- Linda L. Chamales, Senior Attorney Office Practice vw/CCDOCS!CfiY A TI/UNDA/z<:2995·D May8,2007 /~~,¢, DAVID~~~, MAYOR Zone Case No. 2995-D page-2 of2 Ordinance No. 2007-o0052 79TH ST )( 0~~ LEGAL DESCRIPTION SUBJECT PROPERTY 82ND ST VICINITY MAP NO SCALE F'IELD NOTES on o 43,750.00 square foot tract o.f land being out of o 5.76 acre tract of lond as described in Volume 9340, Page 282, Official Public Records, Lubbock County, Texas and being locate-d in Section 29. Block AI<, lubbock County. Texas and being more particularly described by metes and bounds os follows: BEGINNING at o 'lz" iron rod with cop set for the Southwest corner of Tract A, HI-LO Adcitior. cs recorded in P S. D 2006034256, Lubbock County, Texas and being the Southeast and beginning corner of this tract, whence the Southwest corner of Section 29, Block AK, bears South o• 05'00" West. o distance of 55.00 feet and North 89° 55'20" West. a distance of 1389.88 feet; THENCE North 89° 55'20" West, along the existing North right of way line of 82nd Street as described in Volume 1112, Page 327 and Volume 1112, Page 344, Deed Records, Lubbock County, Texas, a distance of 175.00 feet to o '12" iron rod with cop. set for the Southwest corner of this tract; THENCE North o• 03'47" Eost, a distance of 250.00 feet to o 'lz" iron rod with cap, set on the North line of the said 5. 76 acre trod, for the Northwest corner of this tract; THENCE South 89• 55'20" East. olong the North line of said 5. 76 acre tract, a distance of 175.00 feet to a Yz" iron rod with cop, found for the Northwest corner of Tract A, HI-LO Addition as recorded in P ~ D 20060.34256, lubbock County, Texas ond being the Northeast corner of this tract: THENCE South o• 03'47" West (Plot call South 0° 05' West>, along the West line of said Tract A, HI-LO Addition, o distance of 250.00 feet to the point of beginning. N PLAT OF SURVEY ON A 43,750.00 SQUAA£ FOOT TRACT OF' LAND OUT Of' A 5. 76 ACRE TRACT OF' UND AS DESCAIBEO W VOlUME 9340. PAC£ 282. OF'F'ICIN.. PUil.IC R£COROS OF' LU880CK COUNTY. TEXAS N«J BEWG LOCATED It SECTION 29. B..OCK N<. LUBBOCK COUNTY, TEXAS NOT PLATTED OWNDIII!loiCON QIES1' YOI.IK 10347,1'G )43 ----------------------------------------------------------------------- NOT PlATTED 0W1G!1 C:TC lit .II. UT~ l.P. IIOI.Uiol: t:J40. PIG: 2112 z I FtOOO ZONE X I 43.750.00 SO.FT. TRACT N tiO'M:H'I Of WAY VOlUiol: 1112. PIG: »? M0 VCII.Uiol: 11'12, PIG: SU TRACT "A .. ti•LO ADON. loHO S et• $$'20" E 1388.88' f'ROIII SOUTHWEST CORNER or Sf:CTION 29 BLOCK Nt< LUBUOCI< CO. TEXAS SECTION 29 --------·-·-----------82~~lRE£~---------------------------------·-·- lEGAl DESCRIPliOH \ ~,x -(/+'t" ~ rCEtO NOTES 01\ o •3, 750.00 ..-• foot trcx.t of loftd MiN; out of o 5. 76 acre tt«et of lcln4 oa delcrlbed -.. Volllme 1t.340, P09t 282, Offlc:lcllfi\AIIc Recor•. tiAibo<:k County, Te•oa O'ICI MlnoJ located In Section 29, atock N<,llbllock c:-ty, Telloa and IN!~ more parllcUICirly delcrlbed by metea ond ~ oa folowtl: 8£GINNING at o Vt" it ott rod with cOp Mt for the So..u....t corner of Tract A. HHO Addition oa recOf<led In P • D 20060.342~. L~k County, T.,.oa and ~ the Sout'-t ond ~ comer of trlltr. troct, '""-• t"-~~ COfNt of Section 29, lllock N<, "-• South O"OlYOO" w .. t. o dllltance of 5!).00 f .. t cmd Nottll te•$6'20'' W..t, o dl.t~ of tl89.88 f..t1 THENCt Nor til 89• ~'20" Wnt, GIOIIO the •lriatin; North rl_.t of Wf1'J lint of 82ftd Street oa o.tcrlbe<t in v~ 1tl2, Pog~e 327 oneS Volllme '11t2, POOt .344, Deed Recor•. Lubtlodc County, TeiCOe, '0 dllltanc:41 of f7S.OO f..t to o \It~ lrOI\ rod with cap, Nt for the SollttnfNt c:omer of thla troct: THENCt Nottlt o•Q.3'47" £o.t, o dtttonc:e of 250.00 f"t to o !fz• Iron rod with cop. eet on the North One of 1"-said 5. 76 ocro troc:t. for t,. NottMnt c~ of UW troc:t• THENCE South 89"55'20" Eoat, alone the Nottll h of laid ~.745 CICI'e ttoc:t, o dlllt-e of f7$.00 fMt too V,O• Iron rod with CCII>. founll tor the Morlhoo"t cor-of Tract A, .._1.0 Acl4tlon oa r-ded II\ P • D 20060.34~. Llbbock County. Tewoe ones belf'O the No11'-t comer of t111e ttactl SECTION 28 NOT£: SOX CUI. VERT CONCRETE RIPRAP ENCROACHES ON THIS SURVEY 0.8' EAST-WEST 1r 7' NORTH-SOUTH ·•· • SURVEYED ON THE GROUND WARCM 9, 2007 e • SET \lz" II'ION ROO WITH CAP • • f'OI.INO CORNER AS NOT£0 8EARINGS AR£ RELATIVE TO THE SOUTH LIN£ OF SECTION 21), &LOCI< Nt< BEING PREVtOUSI. Y RECOGMZ£0 AS 8DoiG H W 5$'20" W ., --\11·\.S --..... --·~ ---·,·---