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HomeMy WebLinkAboutOrdinance - 2014-O0099 - Zone Case 3116-E - 07/10/2014First Reading Second Reading June 26, 2014 July 10, 2014 Item No. 6.2 Item No. 6.17 ORDINANCE NO. 2014-00099 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3116-E; A ZONING CHANGE FROM C-3 AND A-2 TO C -2A AND A-2 ZONING DISTRICT ON 3.37 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 4, 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 recognize that the zone change is a minor deviation from the 1986 Comprehensive Land Use Plan as amended, which protects 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 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. 3116-E 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 C-3 and A-2 to C -2A and A-2 zoning district on 3.37 acres of unplatted land out of Block AK, Section 4, City of Lubbock, Lubbock County, Texas, located at west of Indiana Avenue and south of 130'h 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 No/100 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 June 26, 2014 Passed by the City Council on second reading on July 10, 2014 ATTEST: Reb tc ca Garza CitySecret Zone Case No. 3116-E page - 2 of 2 APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Chad Weaver, City Attorney vwfcitvatt/Chad'ZoneCase. ZC3116-E June3,2014 Zone Case No. 3116-E page - 3 of 2 HUGO REED AND ASSOCIATES, INC. Nam1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806/763-5642 1 FAX 806/763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED A-2 ZONING METES AND BOUNDS DESCRIPTION of a tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northeast corner of this tract which bears N. 88°13'52" W. an approximate distance of 1280.6 feet and S. 01 *46'08"W. an approximate distance of 310.0 feet from the Northeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE S. 01 046'08" W. an approximate distance of 360.0 feet to a point for the Southeast corner of this tract; THENCE N. 88°13'52" W. an approximate distance of 167.5 feet to a point for the Southwest corner of this tract; THENCE N. 01 °46'08" E. an approximate distance of 360.0 feet to a point for the Northwest corner of this tract; THENCE S. 88°13'52" E. an approximate a distance of 167.5 feet to the Point of Beginning. Contains: Approximately 1.38 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 / FAX 8061763-3691 TEXAS REGISTERED ENGINEERING FIRM F-760 [a I TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED C -2A ZONING METES AND BOUNDS DESCRIPTION of a tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 4, Block AK, for the Northeast corner of this tract which bears N. 88013'52" W. an approximate distance of 1280.6 feet from the Northeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE S. 01 046'08" W. an approximate distance of 310.0 feet to a point for the Southeast corner of this tract; THENCE N. 88°13'52" W. an approximate distance of 280.0 feet to a point for the Southwest corner of this tract; THENCE N. 01'46'08" E. an approximate distance of 310.0 feet to a point in the North line of said Section 4, Block AK for the Northwest corner of this tract; THENCE S. 88°13'52" E., along the North line of said Section 4, Block AK, an approximate a distance of 280.0 feet to the Point of Beginning. Contains: Approximately 1.99 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. 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