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HomeMy WebLinkAboutOrdinance - 2004-O0013 - Amending Zoning Ordinance To Make Changes: Case No. 2993 - 01/22/2004First Reading January 22, 2004 Item. No. 37 ORDINANCE NO. 2004-o0013 Second Reading February 5, 2004 Item. No. 14 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 · AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2993; A ZONING CHANGE FROM T TO C-2, C-3 AND GO ZONING ON 10.1 ACRES OUT OF SECTION 27, 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 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. 2993 II · SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are l j 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 T to C-2, C-3 and GO zoning district on 10.1 acres of unplatted land out of Section 27, Block AK, City of Lubbock, Lubbock County, Texas, located on the southeast corner of 82nd Street and Upland A venue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Tract "A", "B" and "C". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the Planning Commission shall review and approve a traffic access plan (curb cuts to adjacent streets) for all or portions of the parcel prior to issuance of a construction permit. 2. THAT 83rd Street shall be screened with an eight-foot fence and shall not have any curb cuts. 3. THAT Tract "A" be zoned as C-3. 4. THAT Tract "B" be zoned as C-2. 5. THAT Tract "C" be zoned as GO. 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 I. this Ordinance be declared unconstitutional or invalid for any reason, the remainder of 1 1 this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause l 'l publication of the descriptive caption of this Ordinance as an alternative method 1 provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 22nd day of_-=Jan=u=a=-ry,L._ __ , 2004. I ATTEST: Rebecca Garza, City~ I I Zone Case No. 2993 page-2 of2 GAL, MAYOR APPROVED AS TO CONTENT: 14 Randy Henso APPROVED AS TO FORM: . / ------Y..--c c::YC~~~· Linda L. Chamales Supervising Attorney Office Practice as/cityatt/Linda/ZoneCase/ZC2993 December 15, 2003 Zone Case No. 2993 page-3 of2 TRACT "A" Rezone to C-3 Zone Case No. 2993 Ordinance No. 2004-o0013 METES AND BOUNDS DESCRIPTION for a 3.1 acre tract of land located in Section 27, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of Section 27, Block AK, Lubbock County, Texas; THENCE East, along the North line of Section 27, Block AK, an approximate distance of 348 feet; THENCE South an approximate distance of 385 feet; THENCE West an approximate distance of 348 feet to a point in the West line of Section 27, Block AK; THENCE North, along the West line of Section 27, Block AK, an approximate distance of 385 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. TRACT"B" Rezone to C-2 Zone Case No. 2993 Ordinance No. 2004-D0013 METES AND BOUNDS DESCRIPTION for a 3.~ acre tract of land located in Section 27, Block AK, lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 27, Block AK, which bears East, an approximate distance of 348 feet from the Northwest corner of Section 27, Block AK, Lubbock County, Texas; THENCE East, along the North line of Section 27, Block AK, an approximate distance of 377 feet; THENCE South an approximate distance of 385 feet; THENCE West an approximate distance of 3n feet; THENCE North an approximate distance of 385 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. TRACT "C" Rezone toGO Zone Case No. 2993 Ordinance No. 2004-QOOll METES AND BOUNDS DESCRIPTION for a 3.7 acre tract of land located in Section 27, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 27, Block AK, which bears East, an approximate distance of 725 feet from the Northwest comer of Section 27, Block AK, Lubbock County, Texas; THENCE East, along the North line of Section 27, Block AK, an approximate distance of 419 feet; THENCE South an approximate distance of 385 feet; THENCE West an approximate distance of 419 feet; THENCE North an approximate distance of 385 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.