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HomeMy WebLinkAboutOrdinance - 2006-O0125 - Amending Zoning Ordinance To Make Change: Zone Case No. 2573-I - 12/07/2006'First Reading December 7, 2006 Item. No. 6.1 ORDINANCE NO. 2006-QOI25 Second Reading December 19, 2006 Item No. 5.1 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWThTG CHANGES: ZONE CASE NO. 2573-1; A ZONING CHANGE FROM C-3 TO IHC ZONING ON 9 ACRES OUT OF BLOCK A, SECTION 22, TRACTS C AND D, 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, 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. 2573-1 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 to IHC zoning district on 9 acres out of Block A, Section 22, Tracts C and D, City of Lubbockt Lubbock County, Texas, located at 5002 Auburn Street, and being further described as follows: 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/1 00 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 ofthe 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 7th day of December , 2006. Passed by the City Council on second reading this 19th day of December , 2006. ATTEST: ~Cl...: ... .;b. ~ R~ca Garza, City Secretary APPROVED AS TO CONTENT: irector of Planning APPROVED AS TO FORM: Linda L. Chamales Senior Attorney Office Practice aslc:ityatt/Linda!ZoneCase/ZC2573-I November 7, 2006 Zone Case No. 2573-/ page-2 of2 Exhibit "A" Zone Case No. 257~-1 Ordinance No. 2006-Q0125 Robert L. Smith 6310 Genoa Ave., Ste. A Lubbock, Texas 79424 Phone & Fax: 806-765-9543 Email: smitbsurveying@nts-ooline.net ZONE CHANGE REQUEST DESCRIPnON IN 8ECT10N 22, BLOCK A, LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRJP110N OF A 12.S64 ACRE TRACI' OF LAND LOCATED IN SECTION 22, BLOCK A. LUBBOCK COUNTY, 1EXAS BEING FUR mER DESCRIBED AS FOLLOWS: BEGINNING AT 1HE NORlHEAST CORNER OF TRACT "C" NORTH PARK, AN ADDITION TO 1HE CITY OF LUBBOCI<..LUBBOCIC. COUNTY, TEXAS AS RECORDED IN VOLUME 10196 PAGE 227 OF SAID RECORDS, FOR THE MOST EASTERLY CORNER OP THIS TRACT FROM WHENCE lHE NORlHWEST CORNER OF SAID SECTION 22IS CALLED TO BEAR N 00°04'17• E A DISTANCE OF 1630.90 FEET N WSS'S2• W A DlST ANCE OF l 047.40 FEET; THENCE S SJ•OJ'S4• W, ALONG 11fE NOR Til LINE OF SAID TRACT "C", A DISTANCE OF 361.00 FEET TO TilE NORTifWEST CORNER OF SAID TRACT •c• POR AN ELL CORNER OF TillS TRACI'; lliENCE S 36°56'06• B, ALONG TifE WEST LINE OF SAID TRACT •c•, A DISTANCE OF 279.00 FEET TO A CORNER OF TinS TRACI'; 111ENCE S 53°03'54" W A DISTANCE OF 323.00 FEET TO 1HE MOST SOtmmRL Y CORNER OF 111IS TRACT; nfENCE N 36°56'06" W A DISTANCE OF 892.15 FEET TO THE MOST WESTERLY CORNER OF nus TRACT; 1HENCE N 53°03 '54" E A DISTANCE OF 910.49 FEET TO A POINT IN niE WEST IUOHT OF WAY LINE OF NORTif WlNSTON A VENUE FOR TilE MOST NORTHERLY CORNER OF DDS TRACI'~ 1HENCES 0004'17" W, ALONG SAID RIGHT OF WAY LINEA DISTANCE OF 191.92 FEET TO TilE BEGINNING OF A CURVE TOmE LEFT HA VlNG A RADIUS OF 530.00 FEET; THENCE SOUTIIEASTERL Y ALONG SAID RIGHT OF WAY AND SAID CURVE AND HAVING A CHORD BEARING OF S 11"25'5-4• E, A CHORD DISTANCE OF 336.40 FEET TO A CORNER OF TIDS TRACT; THENCE S J6•S6'06" E, ALONG SAID RIGHT OF WAY LINE. A DISTANCE OF 135.99 FEET TO 1HE PLACE OF BEGINNING. PREPARED: OCI'OBER 23, 2006 FROM SURVEY DATED SEPI'EMBER 30, 2006 BY SMI'I1I SURVEYING SURVEYOR'S REPORT: 1HlS DESCRIPTION DOES NOT REPRESENT A 80UNDA Y SURVEY. IT WAS PREPARED FOR ZONE CHANG£ REQUEST ONLY. BEARINGS ARE RELATIVE TO TilE PLAT OF NOR Til PARK. AN ADDmON TO TilE CITY OF LUBBOCK. RECORDED IN VOLUME 9001 PAGE~. OFFlCIAL PUBLIC RECORDS OF LUBBOCIC. COUNTY, TEXAS. 06-1009