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HomeMy WebLinkAboutOrdinance - 2007-O0089 - Amending Zone Case NO. 2383-C; From AM To C-2A Zoning On 2.72 Acres Tract G - 08/23/2007I First: Reading August 23, 2007 Item Ho. 6.1 ORDINANCE NO. 2007-o0089 Second Reading September 13, 2007 Item Bo. 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. 2383-C; A ZONING CHANGE FROM AM TO C-2A ZONING ON 2. 72 ACRES OUT OF TRACT G, PHYSICIAN'S SURGICENTER OF LUBBOCK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 heal~ 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 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 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 I 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 Ordinances 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. 2383-C 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 ofthe City of Lubbock from AM to C-2A zoning district on 2.72 acres out of Tract G, Physician's Surgicenter of Lubbock Addition Lubbock, Lubbock County, Texas located at 4801 Erskine Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. That it be tied to the proposed site plan with the ability to adjust building locations in a very minor manner as the final plans are drawn. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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 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 23rdday of August , 2007. Passed by the City Council on second reading this 13thday ofSept~2007. ATTEST: : ?? .;#(i?q"4- DAVID A. Mll.LER, MAYOR Zone Case No. 2383-C page-2 o/3 APPROVED AS TO FORM: c:::x --~ c:::;Y d~~~ Linda L. Chamales, Senior Attorney Office Practice vw/CCDOCS/CITY A TI/LINDA/:zc2383-C August 6, 2007 Zone Case No. 2383-C page-3 of3 LAND SURVEYORS CIVIL ENGINEERS c 0 HUGO REED AND ASSOCIATES. INC. 1801 Avenue N I LubbOCk, Texu 79401 /80111783-5842/ FAX 8081783-a891 Ordinance No. 2007-00089 METES AND BOUNDS DESCRIPTION for a 3.58 acre tract of land located in Section 22, Block A, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the centerline of Erskine Street and in the North line of Section 22, Block A, for the Northwest corner of this tract which bears S. 89°55'52~ E. an approximate-distance of 2069.20 feet from the Northwest corner of Section 22, Block A, Lubbock County, Texas; THENCE S. 89°55'52" E., along the North line of Section 22, Block A, an approximate distance of 554.73 feet to a point in the centerline of North Utica Avenue, for the Northeast corner of this tract; THENCE South, 00°04'08" W., along the centerline of said North Utica Avenue, an approximate distance of 123.22 feet to a point of curvature; THENCE Southwesterly, continuing along the centerline of said North Utica Avenue, along a curve to the right, said curve having an approximate radius of 350.00 feet, an approximate central angle of 27°31'52", approximate tangent lengths of 85.75 feet, and an approximate chord distance of 166.57 feet to the Southeast corner of this tract; THENCE N. 89°55'52" W., an approximate distance of 515.10 feet to the Southwest corner of this tract; THENCE N. 00°04'08" E., an approximate distance of 285.00 feet to the Point of Beginning. PREPARED FOR ZONE CHARGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY Prepared for North Loop Properties. July 17, 2007