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HomeMy WebLinkAboutOrdinance - 2003-O0094 - Zone Case No. 2573-D - 08/28/2003First Reading August 28, 2003 Item No. 57 ORDINANCE NO. 2003-00094 Second Reading September 4, 2003 Item No. 17 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-D; A ZONING CHANGE FROM R-1, R-2 AND C-3 TO A-2 ZONING ON AN 18.61-ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 22, BLOCK A, 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 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 recognize that the zone change on R-1 is a minor deviation from the 1986 Comprehensive Land Use Plan and attempt to protect public and private commitments that have been previously 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 29-10 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. 2573-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 R-1, R-2 and C-3 to A-2 zoning district on an 18.61-acre tract of unplatted land out of Section 22, Block A, City of Lubbock, Lubbock County, Texas, located north of N. Loop 289 near Utica Avenue, and being further described as follows: METES AND BOUNDS DESCRIPTION of an 18.606-acre tract of unplatted land out of Section 22, Block A, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set for the Northwest corner of this tract which bears S. 89°55"52" E. a distance of 918.79 feet and S. 00°04'17" W. a distance of 743.66 feet from the Northwest corner of Section 22, Block A, Lubbock County, Texas; THENCE S.89055'43" E. a distance of 596.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract; THENCE S.00004'17" W. a distance of 577.00 feet to a 1/2" iron rod with cap found at a point of intersection; THENCE S. 36056'14" E. a distance of 753.42 feet to a 1/2" iron rod with cap found in the Northwest right-of-way line of Loop 289 at the Southeast corner of this tract; THENCE S. 53003'54" W., along said right-of-way line, a distance of 500.00 feet to a 1/2 " iron rod with cap set for the Southwest corner of this tract; THENCE N. 36056'06" W. a distance of 500.00 feet to a 1/2" iron rod with cap set for a point of intersection; THENCE Northwesterly around a curve to the left, said curve having a radius of 50.00 feet, a central angle of 106°15'37", a chord bearing of N. 36°56'06" W. and a chord distance of 80.00 feet to a 1/2" iron rod with cap set for a point of intersection; THENCE N. 36056"06" W. a distance of 342.99 feet to a 1/2" iron rod with cap set for a point of curvature; Zone Case No. 2573-D page - 2 of 4 THENCE Northwesterly around a curve to the right, said curve having a radius of 470.00 feet, a central angle of 37°00'23", tangent lengths of 157.29 feet and a chord distance of 298.32 feet to a 1/2" iron rod with cap set for a point of tangency; THENCE N. 00004'17" E. a distance of 459.62 feet to the POINT OF BEGINNING. 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. AND IT IS SO ORDERED. Passed by the City Council on first reading this 28th day of August , 2003. Passed by the City Council on second reading this 4th day of septepb, , 2003. ATTEST: Garza, City Secretary , MAYOR Zone Case No. 2573-D page - 3 of 4 APPROVED AS TO CONTENT: / lkjl SJ1'l._ Randy Henson Senior Planner APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Ke/ccdocs/ZC2573 D August 18, 2003 Zone Case No. 2573-D page -4of4