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Home My WebLink AboutOrdinance - 2004-O0003 - Amending Zoning Ordinance Making Changes: Case 2990 - 01/08/2004First Reading ! January 8,. 2004 lltea Ro. 33 ORDINANCE NO. 2004-o0003 Second Reading January 22, 2004 Item No. 14 I AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2990; A ZONING CHANGE FROM T TO IDP ZONING ON 5 ACRES OUT OF SECTION 38, 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 I due to changed conditions, it would be expedient and in the interest of the public health, I , safety and general welfare to make those proposed changes in zoning; and , WHEREAS, all conditions precedent required by law for a valid amendment to 1 1 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, 1 and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1 1 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 1 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 1 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. 2990 I I SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are ! amended as follows: II A change of zoning under the provisions of Section 29-29 of the Code of I Ordinances of the City of Lubbock from T to IDP zoning district on 5 acres of I~ unplatted land out of Section 38, Block AK, City of Lubbock, Lubbock 1 County, Texas, located east of Upland Avenue near 39th Street, and being further described as follows: 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 29-31 of the Zoning Ordinance of the City l of Lubbock. SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of I 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 8th day of __ J.;;;_an.;;;_ua~ry~--· 2004. I UGAL,MAYOR II ATTEST: I 1£-k-.u. ~~ I Reb ~. Garza, City Secretary IS - i 'APPROVED AS TO CONTENT: 1 Randy He on, Senior Planner jl APPROVED AS TO FORM: I ~ , !, • ~ /? / /' II ~~ <:::::-' /~,_.,--t--~C:-z-~. Linda L. Chamales l i Supervising Attorney Office Practice l as/cityatt!Linda/ZoneCase/ZC2990 I D=mbe• 15, 2003 Zone Case No. 2990 page-2 of2 Ordinance No. 2004-Q0003 Exhibit "A" Plat and field Notes A 5.00 Acre Tract out of Section 38, Block A-K Lubbock County, T exos FELD NOTES on a 5.00 Acre Tract out of Section 38, Block Al<,.L!..I:ibock Cot.nty, Texas. ft.rther described os folows: · llfr.:. BEGHf\!G ot a pont nea the center of Uplcrld Averue, which is cded to bear North, 3486.39 feet from the Southwest Comer of Section 38, a fOU'ld roirood spike bears South, ~86.6 feet; T!-EI'.C£ North, 346.59 feet to a point in the So!Jth Riglt of Woy line of the A. T. S. CJ1d F. Roii'ood Right of Way fine; . T!-£1\CE S 72° lJ' E. (celled S 72°12' E,) at 47 . .3 feet pass a fol.l"'d 3/ff rod, in ol 713 feet (Called 712.9 feet) to o fOU'Id .3/8" rod; . ·;. . TI-£NCE S 170 46' W (Colled,j>.17o 48' W), 3JO feet to a foond 3/8' rod; Tl-ENCE N 72° lJ' 30' W (~ N 72P l2' W), at 560.2 feet pass o folJ"'d .3/8" rod, in oil 607.2 feet (coDed 606.95 feet~ to the P1oce of Beginning and C011\o1ning 5.00 acres indudinq any Right of Woy. PLAT SHOIJN AS SURVEYED ON ~HE GRCOiO November 4. 1996 5.00 Acre Tract Wire Wood and Chain Link Fences ·~ "" ti FD. Roirood j Spike. on previous . S1Svey. 911 Comer Section 38, Block AK Scale r==100' Surveyed for Ken Flagg . @ . 3/8' Rod Found Heavy Lines indicate limits of Survey improvements oct shown. except fences aor.g property &nes v . .3505. P. 30.3, and other Deeds Description may be missing 2 Cols ABA CUSENGINEERING SURVEYING 2737 81$t Street Lubbock, Texas 806-745-7670 38AK1198.GCD C:\Codd6\GCD\ ..