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HomeMy WebLinkAboutOrdinance - 2002-O0142 - Amending Zoning Ordinance To Make Changes: Zone Case 2161-H; Bank - 12/19/2002Fitst Reading December 19, 2002 Item No. 36 ORDINANCE NO. 2002-00142 Second Reading January 9, 2003 Item No. 15 AN ORDINANCE AME~TIING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING , CHANGES: ZONE CASE NO. 2161-H; A ZONING CHANGE FROM A-1 TO C-2 ZONING ON A BANK ON AN UNPLATTED 4.21-ACRE TRACT OF LAND OUT OF SECTION 13, BLOCK E-2, 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 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 on R-1 is a minor deviation from the 1986 Comprehensive Land Use Plan and attempt to protect 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 29-17 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 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. 2161-H SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-17 of the Code of Ordinances of the City of Lubbock from A-1 to C-2 zoning district on an unplatted 4.21-acre tract ofland out of Section 13, Block E-2, City of Lubbock, Lubbock County, Texas, located South of 86th Street and West of University Avenue. METES AND BOUNDS DESCRIPTION of a 4.21 acre tract of land located in Section 13, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap found at the Northwest comer of this tract which bearsS. 00°01'50" E., 1370.00 feet and S. 89°58'10" W. 460.00 feet from the Northeast comer of said Section 13, Block E-2, same point being the Northeast comer of Tract "C", Summerfield Addition to the City of Lubbock, Lubbock County, Texas, as recorded in Volume 5027, Page 212 of the Real Property records of Lubbock County, Texas; THENCE N. 89°58'1 0" E., a distance of 400.00 feet to a 1/2" iron rod with cap found in the West right-of-way line ofUniversity Avenue at the Northeast comer ofthis tract; THENCE S. 00°0 1'50" E., along the West right-of-way line of University A venue, a distance of 458.59 feet to a 1/2" iron rod with cap set for the Southeast comer of this tract; THENCE S. 89°58'10" W. a distance of 400.00 feet to a 1/2" iron rod with cap found at the Southeast comer of said Tract "C", same point being the Southwest comer of this tract; THENCE N. 00°01'50" W., along the East lot line of said Tract "C", a distance of 458.59 feet to the POINT OF BEGINNING. 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 ofthis Ordinance as an alternative method provided by law. Zone Case No. 2161-H page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 19th day of Dec. , 2002. Passed by the City Council on second reading this 9th day of Jan. ATTEST: , Reb cca Garza, City Secretary APPROVED AS TO CONTENT: .~S6f\- nior Planner APPROVED AS TO FORi\11: "l / / .· ( ~·· ·y-,., ""'· . .c.,.£__.,-/ Linda L. Chamales, Supervising Attorney Office Practice MUcityatt!Linda/ZoneCases/ZC2161-H & CCDOC/ZC2161-H December 9, 2002 Zone Case page-3 of3