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HomeMy WebLinkAboutOrdinance - 2003-O0132 - Amending Zoning Ordinance 7084. Zone Case 2988. Unplatted Land - 12/08/2003First Reading December 8, 2003 Item No. 31 ORDINANCE NO. 2003-00132 Second Reading December 18, 2003 Item No. 34 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2988; A ZONING CHANGE FROM C-2 TO me ZONING ON A 4.23 ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 36, BLOCK AK, 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. 2988 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 m:c zoning district on a 4.23 acre tract of unplatted land out of Section 36, Block AK, City of Lubbock, Lubbock County, Texas, located at 6001 Spur 327, and being further described as follows: METES AND BOUNDS DESCRIPTION (TRACT II) of a 0.586 acre tract of land lcoated in Section 36, Block AK, Lubbock County, Texas being further described by metes and bounds as follows: BEGINNING at a ½" rod with cap set in the West right-of-way line of Homestead Avenue for the Southeast comer of this tract which bears N. 89°59' 00" W., a distance of 1680.00 feet and North a distance of 1314.75 feet from the Southeast corner of Section 36, Block AK, Lubbock, Texas; THENCE N. 89°59' 00" W. a distance of 288.00 feet to a ½" iron rod with cap set in the East line of a tract of land recorded in Volume 6912, Page 150 Real Property Records of Lubbock County, Texas for the Southwest corner of this tract; THENCE North along the East line of said tract of land recorded in Volume 6912, Page 150, a distance of 208.94 feet to a ½" iron rod found in the South right-of-way line of Spur 327 at the Northwest comer of this tract; THENCE N. 86°39' 00" E., along the South right-of-way line of said Spur 327, a distance of 103 .18 feet to a ½" iron rod with a cap set for the Northwest comer of Tract A. Thomas L. Williams Addition recorded in Volume 2204, Page 261 Real Property Records of Lubbock County, Texas and the most Northerly Northeast comer of this tract; THENCE South, along the West line of said Tract A, a distance of 195.00 feet to a ½" iron rod with cap set for the Southwest comer of Tract A for an ell comer of this tract; THENCE S. 89°59' 00" E., along the South line of said Tract A, a distance of 185. 00 feet to a ½ " iron rod with a cap set in the West right-of-way line of Homestead A venue for the Southeast comer of said Tract A and the most Easterly Northeast comer of this tract; THENCE South, along the West right-of-way line of said Homestead Avenue, a distance of 20.00 feet to the Point of Beginning, containing 0.586 acres of land. METES AND BOUNDS DESCRIPTION (TRACT III) of a 3.792 acre tract of land located in Section 36, Block AK, Lubbock County, Texas being further described by metes and bounds as follows: BEGINNING at a ½" rod with cap set in the West right-of-way line of Homestead Avenue for the Northeast comer of this tract which bears N. 89°59' 00" W., a distance of 1680.00 feet and North a distance of 1314.75 feet from the Southeast comer of Section 36, Block AK, Lubbock County, Texas; ZLJne Case No. 2988 page-2of4 THENCE South, along the West right-of-way line of Homestead Avenue, a distance of 558.65 feet to a ½" iron rod with cap set for a point curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°01' , tangent lengths of 15.00 feet and a chord distance of 21.22 feet to a 1h" iron rod with cap set in the center line of 63rd Street for a point of tangency; THENCE N. 89°i>' 00" W., along the center line of said 63rd Street, a distance of 273.00 feet to a½" iron rod with cap set for the Southeast corner of a tract of land recorded in Volume 6912, Page 150 Real Property Records of Lubbock County, Texas and for the Southwest comer of this tract; THENCE North, along the East line of said tract recorded in Volume 6912, Page 150, a distance of 573.65 feet to a ½" iron rod with cap set for the Northwest corner of this tract; THENCE S. 89°59' 00" E. a distance of 288.00 feet to the Point of Beginning, containing 3. 792 acres of land. 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 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. :zone Case No. 2988 page• 3o/4 AND IT IS SO ORDERED. Passed by the City Council on first reading this 8th day of December , 2003. Passed by the City Council on second reading this 18th day of ~e~')JdJer , 2003. ATTEST: ~A'<-~• M=--~eua.Garza, City Secretary ~ APPROVED AS TO CONTENT: son._ APPROVED AS TO FORM: ~-<--~c~~ Linda L. Chamales Supervising Attorney Office Practice ke/ccdocs/ZC2988.ord November 20, 2003 Z:me Case No. 2988 page-4o/4