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HomeMy WebLinkAboutOrdinance - 2006-O0063 - Amending Ordinance Making Changes: Zone Case No. 2995-B - 05/25/2006First Reading May 25, 2006 Item No. 6.5 ORDINANCE NO. 2006-00063 Second Reading June 8, 2006 Item No. 5.3 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2995-B; A ZONING CHANGE FROM C-2A TO C-2 ZONING ON 6.6 ACRES OF UNSUBDIVIDED LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; 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, 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 29-29 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 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. 2995-B 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 C-2A to C-2 zoning district on 6.6 acres of unsubdivided land out of Section 29, Block AK, City of Lubbock, Lubbock County, Texas, located on the north side of the 6400-6500 blocks of 82nd Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITION: 1. THAT the zoning be tied to the condition in Ordinance 2004-00011 for this tract ( a Planning Commission review of locations for proposed curb returns). 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 25th day of May Passed by the City Council on second reading this 8th day of June ATTEST: Zone Case No. 2995-B page-2 of2 , 2006. , 2006. APPROVED AS TO CONTENT: ~.~:::~ APPROVED AS TO FORM: ~-c~~~- Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCase/ZC2995-B May 4, 2006 Zone Case No. 2995-B page-3 of2 Zone Case No. 2995-B ' . Exhibit"A" Ordinance No. 2006~063 METES AND BOUNDS DESCRIPTION of a 5. 16 acze ttact of land located in Section 29, Block AK, Lubboc~ County, Texu, being further described as followa: BEGINNING at a 1 /2 • iron rod with cap set in the North right-of-way line of s2• Street,· for the Southwest corner of this tract which bears S. 89°55'20" E .• a distance of 706.85 feet and N. 00°03'28" E., a distance of .SS.00 feet from the Southwest corner of Section 29, Block AK, Lubbock County, Texas; THENCE N. 00°05'00" E., at 10.00 feet pass a 1/2" iron rod with cap set in reference, continuing for a total distance of 2.50.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; . THENCE S. 89"55'20" E., at 30.00 feet pass a 1/2" iron rod with cap set in reference, continuing for a total distance of 1003.00 feet to a 112ft iron rod with cap set for the Northeast comer of this tract; THENCE S. 00°05'00" W ., a distance of 250.00 feet to a 112" iron rod with cap set in the North right-of-way line of 82"" Street for the Southeast comer of this tract; THENCE N. 89°55 '20" W., along said right-of-way line, at 973 .00 feet pass a I /2" iron rod with cap sec in reference, continuing for a tow distance of 1003.00 feet to the Point of Beginning.