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HomeMy WebLinkAboutOrdinance - 2004-O0064 - Amending Ordinance For Changes: Case 2126-D; Zoning On 16.4 Acres - 05/25/2004:First Reading May 25, 2004 Item No. 10 ORDINANCE NO. 2004-o0064 Second Reading June 9, 2004 Item No. 19 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2126-D; A ZONING CHANGE FROM A-1 AND A-2 TO A-2 ZONING ON 16.4 ACRES OF UNPLATTED LAND OUT OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; 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 1 ·, 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 I I I 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. 2126-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 A-1 and A-2 to A-2 zoning district on 16.4 acres of unplatted land out of Section 28, Block E-2, City of Lubbock, Lubbock County, Texas, located east of Chicago Avenue and south of Belmont A venue and 53rd Street, 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 screening fence may occupy the perimeter of the site on the property line (zero setback), except that any fence or other obstructions in the future drainage easement (53rd and Chicago) shall be subject to review and approval by the City Engineer. 2. THAT any fences shall be constructed so as not to interfere with the normal visibility triangles at the street corners. 3. THAT the perimeter fence may be the rear wall of the garages where a solid brick is used for the construction of the garage as indicated on the proposed site plan for this case (the setback will be reduced to less than 15 feet). 4. THAT 3-story portions of the structures shall be permitted (to A-2 height limits), otherwise the project shall meet all other A-1 standards. 5. THAT tied to the proposed site plan with flexibility on building location based on the final drainage analysis. 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 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. Zane Case No. 2126-D page-2 of2 AND IT IS SO ORDERED. Passed by the City Council on first reading this 25th day of ---=::;:;:;:;JL---' 2004. ATTEST: 8~~bc Reb cca Garza, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: ...--<-~~ u£~~-- Linda L. Chamales Supervising Attorney Office Practice as/cityatt/Linda!ZoneCase/ZC2126-D May6, 2004 Zone Case No. 2126-D page-3 of2 4. Case No. 2126-D Exhibit "A" Ordinance No. 2004-G0064 HUGO REED AND ASSDCIATt:o. 1NC. -•• tOQ14'9J"ue N I Lubbock, Taxu 79401/8061783-5642/ FAX 8061783-3891 ' METES AND BOUNDS DESCRIPTION for a tract of land located in Section 28, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South approximately 511.0 feet from the Northwest corner of the Northeast Quarter of Section 28, Block E-2, Lubbock County Texas; THENCE East an approximate distance of 87.9 feet; THENCE S. 45" E. an approximate distance of 507.4 feet; ., .... .. . ~ • • 4 THENCE N. 4s" E: an ~ppro~imate distance of 113.1 feet;. THENCE East an approximate distance of 605.3 feet; THENCE South an approximate distance of 579.0 feet; THENCE West an approximate distance of 976.4 feet; THENCE S. 71" W. an approximate distance of 123.8 feet; THENCE N. 22" W. an approximate distance of 102.9 feet; THENCE North an approximate distance of 802.7 feet to the point of beginning. CONTAINS: Approximately 16.4 acres of land PREPARED FOR ZONE CHANGE REQUEST ONLY: DOES NOT REPRESENT A SURVEY Page 1 of 1