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HomeMy WebLinkAboutOrdinance - 2013-O0063 - Zone Case No. 3207 - 07/11/2013First Reading `June 27, 2013 Item No. 6.1 Second Reading July 11, 2013 Item No. 5.15 ORDINANCE NO. 2013-00063 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING (CHANGES: ZONE CASE NO. 3207; A ZONING CHANGE FROM R-1 TO IHC ZONING DISTRICT ON 49.3 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 44, LUBBOCK, TEXAS; 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 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: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.3207 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended 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 R-1 to IHC zoning district on 49.3 acres of unplatted land out of Block AK, Section 44, City of Lubbock, Lubbock County, Texas, located at west of West Loop 289, south of 26th Street, and north of 341h Street. 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 rri�,p 27, ?cti 3 Passed by the City Council on second reading on .julx- I GLEN OB TSON, MAYOR ATTEST: AQ'je�� 4 Rebe a Garza, City Secretary —e APPROVED AS TO CONTENT: Andrew Paxton. Interim Director of Planning ,7:0 FORM: Chad Weaver Assistant City Attorney vwlc ityatt/Chad/ZoneCase/ZC3 207 June 6, 2013 Zone Case No. 3207 page - 2 of 2 GRACO REAL ESTATE DEVELOPMENT, INC. PROPOSED IHC ZONING METES AND BOUNDS DESCRIPTION of an approximately 49.3 acre tract of land located in Section 44, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West right-of-way line of West Loop 289, which bears N. 88°08'27" W., an approximate distance of 1464.4 feet and N. 01°51'33" E., an approximate distance of 832.2 feet from the Southeast corner of Section 44, Block AK, Lubbock County, Texas; THENCE N. 88°07'53" W., an approximate distance of 1192.1 feet to a point; THENCE N. 01'52'09" E., an approximate distance of 1800.1 feet to a point; THENCE S. 88'08'03" E., an approximate distance of 38.7 feet to a point; THENCE N. 02°06'27" E., an approximate distance of 9.9 feet to a point; THENCE S. 88'14'17" E., an approximate distance of 1145.7 feet to a point in the West right-of-way line of said West Loop 289; THENCE S. 01'47'57" W., along said West right-of-way line, an approximate distance of 1515.8 feet to a point; THENCE S. 00'44'55" W., continuing along said West right-of-way line, an approximate distance of 296.3 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY. P.O. BOX 65207 • LUBBOCK, TEXAS 79464 • 2574 74TH STREET, SUITE 210 • LUBBOCK, TEXAS 79423 • OFFICE (806) 745.9718 • FAX (806) 748-1757 WEST END LACE I ij a a NO2°O6'27"E BL ACK pT _ � �08'0 "E 26th STREET 38.7' 26th ST. S88°14'17" E 1145.7' (PROPOSED) g w rn 0 N O z w z w i Q Q J 0, 0 Lu U) 0 6Ia of (L PROPOSED IHC ZONING (Approx. 49.3 Acres) O) CO N 0- 0 O .J f0 � rn � N F- w N88°07'53"W 1192.1' POINT OF BEGINNING This point beans N88'0827'W, approx. 1464,4'8 N01'51'33E, approx. 8322'rmm the Southeast t Comer of Section 44, Block AK 34th STREET ZONE CHANGEGRACO scale NTs REQUEST GRAPHIC REAL ESTATE DEVELOPMENT, INC.