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HomeMy WebLinkAboutOrdinance - 2004-O0049 - Amending Zoning Ordinance Making Change: Zone Case No. 1789-D - 04/22/2004First Reading April 22, 2004 !tea No. 44 ORDINANCE NO. 2004-o0049 Second Reading Hay 6, 2004 Itea No. 16 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1789-D; A ZONING CHANGE FROM M-1 Wim CONDmONS TO M-1 ZONING ON 10.89 ACRES OF UNPLATTED LAND OUT OF SECTION 37, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A SAYINGS 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. 1789-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 M-1 with Conditions to M-1 zoning district on 10.89 acres of unplatted land out of Section 37, Block AK, City of Lubbock, Lubbock County, Texas, located at north of 43rd Street at Huron Avenue, subject to the following condition and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITION: l. THAT a solid six-foot screening fence shall be constructed on the north line of the property. 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. I SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of 1 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. 1 Passed by the City Council on first reading this 22nd day of __ Ap~r..;.;.i..;.;.l ___ , 2004. ATTEST: '£,Q~-~ Rebe ca Garza, City Secretary Zone Case No. 1789-D page-2 of2 APPROVED AS TO CONTENT: APPROVED AS TO FORM: ~~~c£~~ Linda L. Chamales Supervising Attorney Office Practice as/cityatt/Linda/ZoneCase/ZC 1789-D April I , 2004 Zone Case No. 1789-D page-3 of2 Ordinance No. 2004-G0049 Exhibit "A" Legal Description A tract of land located in Section 37, Block AK, Lubbock County, Texas, being further described as follows: - BEGINNING at a point that bears South 2215.87 feet and West 2083.78 feet from the Northeast comer of said Section 37, Block AK, same point being the Northwest comer of Lot 19, Santa Fe Park, an Addition to the City of Lubbock, Lubbock County, Texas and a point in the East line of a tract of land described in Volume 7039, Page 200 of the Real Property Records of Lubbock County, Texas; THENCE N89°59'22"W a total of346.16'to a point that is the Southwest comer of this tract; THENCE North a distance of 418.24' to a point that is the Northwest comer of this tract; THENCE East, along the South lot line of Lot 1 and Lot 2, Camelot Addition and a portion of Lot A, Loop 289 RV Park Addition to the City of Lubbock, Lubbock County, Texas, a total distance of 1129.74' to a point that is the Northeast comer of this tract; THENCE South, a distance of 417.30 feet to a point that is the Northeast comer of Tract "B", Santa Fe Industrial Addition No.3 to the City of Lubbock, Lubbock County, Texas for the Southeast comer of this tract; THENCE West, along the North lot line of Tract "B", a distance of293.5 feet to a point in the East right-of-way line of a cul-de-sac of Huron Avenue same being the Northwest comer of said Tract "B"; THENCE Northwesterly, around a curve to the left, said curve having a radius of76.50 feet, a central angle of 180°47'29", a chord distance of 152.99 feet to a point that is in the West right-of-way line of said Huron Avenue and the Northeast lot comer of Lot 20, Santa Fe Park, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE N 89°59'22"W, a distance of337.39' along the North lot line of Lots 19 and 20, Santa Fe Park, an Addition to the City of Lubbock, Lubbock County, Texas, to the Place of Beginning.