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HomeMy WebLinkAboutOrdinance - 2001-O0099 - Zone Case 2573-C Change R-1, R-2 To AM - 12/03/2001First Reading December 3, 2001 Item No. 45 ORDINANCE NO. 2001-00099 ------- Second Reading December 13, 2001 Item No. 21 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-C; A ZONING CHANGE FROM R-1 AND R-2 TO AM ZONING ON AN UNPLATTED 23.3 ACRE TRACT OF LAND OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 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 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, 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, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully compiled 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 Ordinances 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-C 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 and R-2 to AM zoning district on an unplatted 23.3 acre tract of land out of Section 22, Block A, City of Lubbock, Lubbock County, Texas, located at 4802 N. Loop 289 and being further described as follows: METES AND BOUNDS DESCRIPTION for a 23.3 acre tract of land located in Section 22, Block A, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South right-of-way line of Erskine Street which bears East, a distance of 2308.6 feet and South a distance of 50.0 feet from the Northwest corner of Section 22, Block A, Lubbock County, Texas; THENCE South, an approximate distance of 1190 feet; THENCE West an approximate distance of 300 feet; THENCE S. 53°02' W. an approximate distance of 444 feet; THENCE N. 36°57' W. an approximate distance of 184 feet; THENCE North an approximate distance of 1272 feet to a point in the South right-of-way line of Erskine Street; THENCE East, along the South right-of-way line of Erskine Street, an approximate distance of 792 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. Zone Case No. 2573-C page-2 of 3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 3rd day of Decewer, 2001. Passed by the City Council on second reading this 13th ~y of~ J.l~N,MAYOR ATTEST: c:Q~~-- Rebecca Garza, City S~ DAS TO CONTENT: ~Sur\._ APPROVED AS TO FORM: c:::::><'-c....~:~~~ ~. Linda L. Chamales, Supervising Attorney Office Practice LLC:cp/ZC2573-C.ORD ccdocs/11/20/01 Zone Case No. 2573-C page-3 o/3