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HomeMy WebLinkAboutOrdinance - 2008-O0044 - Amending Zone Case No. 2690-A - 04/24/2008First Reading April 24, 2008 Item No. 6.3 ORDINANCE NO. 2008-00044 Second Reading May 8, 2008 I tern No . 5 . 14 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2690-A; A ZONING CHANGE FROM A-2 TO C~J (ON THE EAST 1030 FEEn AND A-1 (ON THE WEST 145 FEET) ZONING ON 16.880 ACRES OF UNPLATTED LAND OUT OF SECTION 44, BLOCK AK, 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. 2690~A 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-2 to C-3 (on the east 1030 feet) and A-1 (on the west 145 feet) zoning district on 16.880 acres of unplatted land out of Section 44, Block AK, City of Lubbock, Lubbock County, Texas, located at West Loop 289 to lola Avenue between 24th Street and 26th 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 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 24th day of Apri 1 Passed by the City Council on second reading this ~day of May ATTEST: ~<:A" ..:br Reb ca Garza, C1ty Secretary ~ Zone Case No. 2690-A page-2 of3 , 2008. 2008. APPROVED AS TO CONTENT: Sfr1'--· APPROVED AS TO FORM: w----Y"~~~ Linda L. Chamales Senior Attorney Office Practice vwlcityatt/Linda/ZoneCase/ZC2690-A April 9, 2008 Zone Case No. 2690-A page-3 of3 11 EXHIBIT A11 METES AND BOUNDS DESCRIPTION of a 14.675 acre tract of land located in Section 44, Block AK, Lubbock County, Texas, being further described as follows: Beginning at a point in the West line of the Northeast Quarter of Section 44, Block AK for the Northwest corner of· this tract, whence the Northwest corner of the Northeast Quarter of Section 44, Block AK bears North 1,953.87 feet; THENCE South, along the West line of the Northeast Quarter of Section 44 a d"rstance of 686.13 feet to a point for the Southwest corner of this tract; THENCE East, at 30.00 feet pass a found 3/8" iron rod, continuing for a total distance of 1,175.69 feet to a 3/8" iron rod found in the West right-of-way line of Loop 289 at the Southeast corner of this tract; THENCE N. 00"03'30# E., along the West right-of-way line of Loop 289, a distance of 589.72 feet to a point of curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90"03'30", tangent lengths of 15.02 feet, and a chord distance of 21.22 feet to a point in the South right-of-way line of 241h Street; THENCE West, along the South line of 24th Street, a dista nee of 681.63 feet to a 3/8H iron rod found at a point of curvature; THENCE Northwesterly, along the South right-of-way line of 241h Street around a curve to the right, said curve having a radius of 574.06 feet, a central angle of 25"00'34", tangent lengths of 127.32 feet and a chord distance of 248.59 feet to a 3/8" iron rod found at a point of reverse curvature; THENCE Northwesterly, along the south right-of-way line of 241h Street around a cutve to the left, said curve having a radius of 454.07 feet, a central angle of 25"00'34", tangent lengths of 100.70 feet and a chord distance of 196.63 feet to a ~"iron rod found at a point of compound curvature; THENCE Southwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90•, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a W iron rod found; THENCE West a dista nee of 30.00 feet to the Point of Beginning. Less, the following, Beginning at a point in the West line of the Northeast Quarter of Section 44, Block AK for the Northwest corner of this tract, whence the Northwest corner of the Northeast Quarter of Section 44, Block AK bears North 1,953.87 feet; THENCE South, along the West line of the Northeast Quarter of Section 44 a dista nee of 686.13 feet to a point for the Southwest comer of this tract; THENCE East, at 30.00 feet pass a found 3/8" iron rod, continuing for a tota I distance of 140', thence North to a point in the South right-of-way line of 241h Street; THENCE West along the South right-of-way line of 241h Street to a Yz' iron rod found at a point of compound curvature; THENCE Southwesterly around a curve to the left, said curve having a radius of 15.00 feet. a central angle of 90, tangent lengths of 15.00 feet and a chord distance of 21.21 feet to a Yz'' iron rod found; THENCE West a distance of 30.00 feet to the Point of Beginning. METES AND BOUNDS DESCRIPTION of a 2.205 acre tract of land located in Section 44, Block AK, Lubbock County, Texas, being further described as follows: Beginning at a point in the West line of the Northeast Quarter of Section 44, Block AK for the . Northwest corner of this tract, whence the Northwest corner of the Northeast Quarter of Section 44, Block AK bears North 1,953.87 feet; THENCE South, along the West line of the Northeast Quarter of Section 44 a distance of 686.13 feet to a point for the Southwest corner of this tract; THENCE East, at 30.00 feet pass a found 3/8" iron rod, continuing for a total distance of 140', thence North to a point in the South right-of-way line of 24th Street; THENCE West along the South right-of-way line of 241h Street to a W iron rod found at a point of compound curvature; THENCE Southwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90, tangent lengths of 15.00 feet and a chord distance of 21.21 feet to a Yz" iron rod found; THENCE West a distance of 30.00 feet to the Point of Beginning.