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HomeMy WebLinkAboutOrdinance - 2010-O0010 - Amending Zoning Ordinance 7084. Zone Case 2573-J - 01/28/2010First Reading January 28, 2010 Item No. 6.1 ORDINANCE NO. 2010-00010 Second Reading February 9, 2010 Item No. 5. 7 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-J; A ZONING CHANGE FROM C-3 AND A-2 TO IHC ZONING DISTRICT ON 41.5 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 1, 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 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. 2573-J 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-3 and A-2 to IHC zoning district on 41.5 acres of unplatted land out of Block SJ, Section 1, City of Lubbock, Lubbock County, Texas, located at north of North Loop 289 west of Slide Road. 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 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 January , 2010. Passed by the City Council on second reading this 9th day of February , 2010. TOM MARTIN, MAYOR ATTEST: APPROVED AS TO CONTENT: , Director of Planning Zone Case No. 2573-J page -2 o/2 APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/cityatt/Chad/ZoneCase/ZC25 73-J January 11, 2010 Zone Case No. 2573-J page-3 o/2 Ordinance No. 2010-00010 l ... ,.•.".;;I HUGO REED AND ASSOCIATES, INC. 1601 Avenue N / Lubboc:lc, Texa• 79401 / 806'783-5642 / FAX B061763-3891 LAND SURVEYORS CIVIL ENGINEERS PROPOSED ltiC ZONING METES AND BOUNDS DESCRIPTION of a tract of land located in Section 1, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North right-of-way line of North Loop 289, same being a point In the West line of the Southeast Quarter of Section 1, Block J-S, which bears North an approximate distance of 50.0 feet from the Southwest Comer of the Southeast Quarter of Section 1, Block J-S, Lubbock County, Texas; THENCE N. 01 °54'30" E., an approximate distance of 555.B feet to a point; THENCE S. 88°31 '13" E., an approximate distance of 30.0 feet to a point; THENCE N. 01°51 '18" E., a distance of 35.0 feet to a point of intersection: THENCE Northeasterly, along a curve to the left, said curve having a radius of approximately 650.0 feet, a central angle of 29°52'34", approximate tangent lengths of 173.4 feet, and an approximate chord distance of 335 .1 feet, to a point of tangency; THENCE N. 54°50'46" E., an approximate distance of 1374.9 feet to a point of curvature; THENCE Northeasterly, along a curve to the left, said curve having a radius of approximately 500.0 feet, a central angle of 13°34'58", approximate tangent lengths of 59.5 feet, and an approximate chord distance of 118.3 feet, to a point of intersection; THENCE N. 22°49'17' W ., an approximate distance of 700.8 feet to a point; THENCE N. 01°53'12" E., an approximate distance of 317.1 feet to a point In the center of an extension of Auburn Avenue; THENCE S. 88°06'48'' E., along said center of Auburn Avenue, an approximate distance of 528.5 feet to a point of intersection in the center of Sllde Road; THENCE Southeasterly, along the center of said Slide Road, along a curve the left, said curve having a radius of approximately 1550.0 feet, a central angle of 11 °59'47", approximate tangent lengths of 162.9 feet, and an approximate chord distance of 323.9 feet, to a point of tangency; THENCE S. 17"34'11" E., continuing along the center of said Slide Road, .an approximate distance of 22.5 feet to a point of curvature; THENCE Southeasterly, continuing along the center of said Slide Road, along a curve to the left, said curve having a radius of approximately 1457.5 feet, a central angle of 14°27'09", approximate tangent lengths of 184.8 feet, and an approximate chord distance of 366. 7 feet, to a point of intersection; THENCE S. 32°01'04" E., continuing along said center of Slide Road, an approximate distance of 113.8 feet to a point;