HomeMy WebLinkAboutOrdinance - 2003-O0133 - Amend Zoning Ordinance To Make Change: Case 2989; Specific Use For Asphalt Plant - 12/08/2003First Reading
December 8, 2003
Itea Bo. 32
ORDINANCE NO. 2003-00133
Second Reading
December 18, 2003
Item No. 35
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2989; A ZONING CHANGE FROM M-1 TO M-2
SPECIFIC USE FOR AN ASPHALT PLANT ON A 4.1-ACRE TRACT OF
UNPLATTED LAND OUT OF SECTION 2, BLOCK S, 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 29-24 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
1City Council Chamber of the Municipal Building, Lubbock, Texas, at which time
' ersons appeared in support of the proposal; and after said hearing, it was by the City
ouncil determined that it would be in the public interest, due to changed conditions,
at the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter
et forth in the body of this Ordinance and this Ordinance having been introduced prior
o first reading hereof; NOW THEREFORE:
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2989
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
ended as follows:
A change of zoning from M-1 to M-2 Specific Use for an asph~lt plant under
provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock
on a 4.1-acre tract of unplatted land out of Section 2, Block S, City of
Lubbock, Lubbock County, Texas, located North of 66th Street and East of
MLK Jr. Boulevard, and being described as follows:
METES AND BOUNDS DESCRIPTION of a 4.1 acre tract of land located in
Section 2, Block S, Lubbock County, Texas, being further described as follows:
BEGINNING at a point that bears N. 88°501 38" W., 2W6.00 feet and N.
01 °10' 28" E., 282.00 feet from the Southeast corner of Section 2, Block S,
Lubbock County, Texas;
THENCE West an approximate distance of 600.00 feet;
THENCE North an approximate distance of 300.00 feet;
THENCE East an approximate distnace of 600.00 feet;
THENCE South an approximate disntace of 300.00 feet to the Point of
Beginning
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-1 zone districts; 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 permitted under provision of
Section 29-24(c)(7) of Codified Zoning Ordinance No. 7084 on the property described
as a 4.1-acre tract of unplatted land out of Section 2, Block S, City of Lubbock,
Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be
eemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100
ollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City
f Lubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word
f this Ordinance be declared unconstitutional or invalid for any reason, the remainder
f this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause
ublication of the descriptive caption of this Ordinance as an alternative method
rovided by law.
Zone Case No. 2989
Page 2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 8th day of December
ATTEST:
~ .&c-< ~ ~~ Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
. / •/,?/ 7 .
~-_,..C ~ <__/2a-;,,-,.-,..-.-.-&-~
Linda L. Chamales
Supervising Attorney Office Practice
/ccdcos/ZC2989.ord
ovember 20, 2003
Zone Case No. 2989
Page 3 of3
, 2003.