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HomeMy WebLinkAboutOrdinance - 2010-O0060 - Amending Zoning Ordinance 7084. Zone Case 3065-B - 07/22/2010First Reading July 22, 2010 Item No. 6.4 ORDINANCE NO. 2010-00060 ------- Second Reading August 12, 2010 Item No. 5.26 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3065-B; A ZONfNG CHANGE FROM T TO C-3 ZONfNG DISTRICT ON 1.032 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 30, TRACT K6 AND K6C, 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 1 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 detennine 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 Cse Plan as amended, which protects public and private commitments that have been previously based on the Plan; and I 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, d 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 detennined 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. 3065-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are iamended as follows: A change of zoning under the prov1s1ons of Section 29-29 of the Code of Ordinances of the City of Lubbock from T to C-3 zoning district on 1.032 acres of unplatted land out of Block AK, Section 30, Tract K6 and K6C, City of Lubbock, Lubbock County, Texas, located at 6914 82nd Street. 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/I 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 on _____ J_u~l y.__2_2,..a.,_20_1_0 ____ _ Passed by the City Council on second reading on August 12, 2010 TOM MARTIN, MAYOR Randy Henso , Director of Planning ,~RM: Chad Weaver Assistant City Attorney •w/cityatt/Chad/ZoneCase/ZC3065-B uly I, 2010 Zone Case No. 3065-B page-2 of 2 Exhibit "A." Ordinance No, 2010-R0060 A-TT ,+c ti m e "' T A Description of Tract "A" SHIRAZ ADDITION An Addition to the City of Lubbock, Lubbock County, Texas Page 1 of 1 FIELD NOTES on a Tract being out of Section 30, Block A-K, Lubbock County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" rod with cap found for the Southwest corner of this Tract, whence the Southwest corner of Section 30, Block A-K, bears S 0°00'07" Ea distance of 54.77 (Call 55.00) feet and S 89°59'00" W a distance of 2386.48 feet; TH ENCE N 0°00'07" W a distance of 177 .96 feet to a 1/2" rod with cap found for the Northwest Corner of this Tract: THENCE N 89"59'00" Ea distance of 253.50 feet to a 1/2" rod with cap found for the Northeast Corner of this Tract: THENCE S 0~00107" E a distance of 177 .96 feet to a 1 /2" rod with cap found for the Southeast Corner of this Tract: THENCE S 89°59'00" W, along the North Right of Way line of 82nd Street, a distance of 253.50 feet along to the Point of Beginning: CONTAINING 1.04 acres of land. Surveyed on the ground October 1 , 2010 A survey plat of even date herewith accompanies this legal description. Bearings are relative to the South line of Section 30, Block A-K as being previously recognized as N 89°59'00" E Gary D. Wilson Registered Prof ional Land Surveyor State of Texa o. 4239 F.B. 470, P. 5 #37135 3o&S-b