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HomeMy WebLinkAboutOrdinance - 2004-O0007 - Amend Zoning Ordinance Making Changes: Zone Cae 2294-D; 19.5 Acres - 01/08/2004First Reading January 8, 2004 Item No. 38 ORDINANCE NO. 2004-D0007 Second Reading January 22. 2004 Item No. 18 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2294-D; A ZONING CHANGE FROM C-2 AND GO TO C-3 ZONING ON 19.5 ACRES OUT OF SECTION 19, BLOCK E-2, I LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY; I 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, j 1990), and notice was duly published in the Lubbock Avalanche-Journal more than i 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: I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ! t ZONE CASE NO. 2294-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 and GO to C-3 zoning district on 19.5 acres of unplatted land out of Section 19, BlockE-2, City of Lubbock, Lubbock County, Texas, located on the Southeast Corner of 98th Street and Indiana A venue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a solid eight foot masonry screening wall starting at a point adjacent to the alley north of 10P1 Street, extending to the corner of 10P1 and Indiana and one hundred feet east along 101 st Street. The fence should have a five- foot setback from the property line and respect the vision triangle at 101 st and Indiana. 2. THAT a review of traffic access plan (curb cut locations) by the Planning Commission is required prior to a construction permit. 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 1 this Ordinance shall not be affected thereby. I 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 second reading this _..;..;;........ !ATTEST: 1 Rebecca Garza, City Secretary .I Zone Case No. 2294-D page-2 of2 Randy He APPROVED AS TO FORM: 1 Linda L. Chamales Supervising Attorney Office Practice ,, I I : as/cityatt/Linda/ZoneCase/ZC2294-D 1 December 15, 2003 Zone Case No. 2294-D page-3 of2 Ordinance No. 2004-Q0007 Exhibit "A" Rezone to C-3 METES AND BOUNDS DESCRIPTION of a 19.5 acre tract of land located in Section 19, Block E-2, lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of Section 19, Block E-2, Lubbock County, Texas; THENCE East, along the North line of Section 19, Block E-2, an approximate distance of 815.0 feet; THENCE South an approximate distance of 656.6 feet; THENCE East an approximate distance of 32.0 feet to a point of intersection; THENCE Southwesterly around a curve to the right, said curve having an approximate radius of 471.3 feet; an approximate chord distance of 350.0 feet, and an approximate chord bearing of S. 21°47'45" W. to a point of reverse curvature; THENCE Southwesterly around a curve to the left, said curve having an approximate radius of 471.3 feet, an approximate chord distance of 11 0.1 feet; and an approximate chord bearing of S. 37°05'06" W. to a point of intersection; THENCE N. 83°49' W., an approximate distance of 77.5 feet; THENCE West an approximate distance of 576.8 feet to a point in the West line of Section 19, Block E-2; THENCE North, along the West line of Section 19, Block E-2, an approximate distance of 1057.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Gulf Coast Commercial Management, inc. Attn: Mr. Jame~s W~lk~r November 11, 2003