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HomeMy WebLinkAboutOrdinance - 2007-O0029 - Amending To Make Changes: Zone Cae NO. 1893-Y; From A-1 To C-3 On 5.34 Acres - 03/22/2007First Reading March 22, 2007 Item No. 6.3 ORDINANCE NO. 2007-o0029 Second Reading April 12, 2007 Item No. 5.2 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-Y; A ZONING CHANGE FROM A-1 TO C-3 ZONING ON 5.34 ACRES OF UNPLATTED LAND OUT OF SECTION 2, BLOCK JS, 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 CoWlcil and, after due consideration, the City CoWlcil 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 Cotrunission 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 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 A valanche-Joumal more than fifteen ( 15) days prior to the date of the public hearing before the City Com1cil on such proposed amendment, and the public hearing according to said notice, was held in the City Council Chamber of the Mm1icipal 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 frrst reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 1893-Y 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 A-1 to C-3 zoning district on 5.34 acres of unplatted land out of Section 2, Block JS, City of Lubbock, Lubbock County, Texas, located at 6020 4th 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 Noll 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 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 22nd day of _ ___;;Ma=r..;;;.;ch;;;;...._ _ _,, 2007. Passed by the City Council on second reading this 12th day of April ATTEST: ~~~ Reoecca Garza, City secretarY Randy Hens , Director of Planning APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice lciCCDOCIZC I 893-Y Zone Case No. 1893-Y page-2 of2 Ordinance No. 2007-Q0029 E X H I B I T "A" METES AND BOUNDS DESCRIPTION of a 5.97 acre tract of land located in Section 2, Block JS, Lubbock County, Texas. being further described as follows: BEGINNING at a point for the Southwest corner of this tract which bearsS. 89°58'21" W. an approximate distance of 2580.81 feet from the Southeast corner of Section 2, Block JS, Lubbock County, Texas; THENCE North, an approximate distance of 543.41 feet to a point for the Northwest corner of this tract; THENCE East an approximate distance of 363.15 feet to a point; THENCE S. 7 4 °21'28" E. an approximate distance of 123.50 feet to a point for the Northeast corner of this tract; THENCE South an approximate distance of 509.88 feet to a point in the South line of Section 2, Block J-S, for the Southeast corner of this tract; THENCE S. 89°58'21" W .• along the South line of Section 2, Block JS, an approximate distance of 482.08 feet to the Point of Beginning. PREPARE FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY April 2, 2007