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HomeMy WebLinkAboutOrdinance - 2013-O0047 - Zone Case 3204 - 05/01/2013First Reading May 1, 2013 Item No. 6.5 Second Reading May 9, 2013 Item No. 5.10 ORDINANCE NO. 2013-00047 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING HANGES: ZONE CASE NO. 3204; A ZONING CHANGE FROM T TO IHC DNING DISTRICT ON 2.405 ACRES OF UNPLATED LAND OUT OF BLOCK K, SECTION 30, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A AVINGS 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, the 1986 Comprehensive Land Use Plan as amended is a guide to help the Lubbock Planning and Zoning Commission and City Council determine the physical development of the community; however, planning is a continuous process and change is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council cognize that the zone change is a minor deviation from the 1986 Comprehensive Land se Plan as amended, which protects public and private commitments that have been eviously based on the Plan; 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 40.01.005 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: E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.3204 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are d as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from T to IHC zoning district on 2.405 acres of unplatted land out of Block AK, Section 30, City of Lubbock, Lubbock County, Texas, located at north of 82"d Street and west of Pontiac Avenue. 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 No1100 Dollars ($2,000.00) as provided in Section 40.01.006 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on May 1, 2013 Passed by the City Council on second reading on GLErIQ C.RTSON, MAYOR ATTEST: - 0 , -5�c Rebe ca Garza, City Secretar APPROVED AS TO CONTENT: Andrew Paxton, Interim Director of Planning APP¢OV1ID A TO FORM: Chad Weaver Assistant City Attorney vw/cityatt/Chad/ZoneCaseJZC3 204 April 4, 2013 Zone Case No. 3204 page - 2 of 2 ' AMD ENGINEERING, LLC Rezone to C-4 METES AND BOUNDS DESCRIPTION of a 2.405 acre tract of land located in Section 30, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point in which bears North, a distance of 55.0 feet from the Southwest corner of the Southeast Quarter of Section 30, Block AK, Lubbock County, Texas; THENCE North an approximate distance of 347 feet; THENCE East an approximate distance of 302 feet; THENCE South an approximate distance of 347 feet; THENCE West an approximate distance of 302 feet to the Point of Beginning and containing approximately 2.405 acres. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Sam Burke March 4, 2013 P:12013113024S30BAK•SAM BURKE AUTOUABB ZONE CHANGE Ckdoc