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HomeMy WebLinkAboutOrdinance - 2003-O0011 - Amending Zoning Ordinance Making Changes: Zone Case 2706-A - 01/23/2003First Reading January 23, 2003 Item No. 27 ORDINANCE NO. 2003-00011 Second Reading February 13, 2003 Item No. 22 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2706-A; A ZONING CHANGE FROM A-1, C-2A, C-4 and C-4 SPECIFIC USE TO AM ZONING ON AN UNPLATTED 4.29-ACRE TRACT OF LAND AND TO IHC ZONING ON AN UNPLATTED 7.76-ACRE TRACT OF LAND OUT OF SECTION 5, BLOCK E, 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, 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 Sections 29-13 (AM) and 29-23.2 (IHC) 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- Joumal 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. 2706-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from A-1, C-2A, C-4 and C-4 Specific Use to AM zoning on an unplatted 4.29-acre tract ofland and to IHC zoning on an unplatted 7.76- acre tract ofland out of Section 5, Block E, City of Lubbock, Lubbock County, Texas, located at the northeast corner of Loop 289 and Avenue P, and being further described as follows: TRACT 1 CHANGE TO AM ZOING LEGAL DESCRIPTION for zone change request to AM zoning for an approximate 4.287-acre tract of land located in Section 5, Block E, Lubbock County, Texas being further described as follows: BEGINNING at a point in the North right-of-way line of Loop 289, said point bears S. 00°07'22" E., an approximate distance of 1626.32 feet and N. 89°57'E., an approximate distance of 395 feet from the Northwest corner of said Section 5, Block THENCE S. 85°03'35" W., along the North right-of-way line of said Loop 289, an approximate distance of262.99 feet to a point of curvature; THENCE Southwesterly, around a curve to the right, said curve having a radius of 2,849.79 feet, an arc length of I 03 .19 feet to a point in the East right-of-way line of AvenueP; THENCE N. 00°07'22" W., along the East right-of-way line of said Avenue P, an approximate distance of 510.67 feet to a point of curvature; THENCE Northeasterly, around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, a chord distance of21.21 feet to a point in the South right-of-way line of 70th Street; THENCE N. 89°52'38" E., along the South right-of-way line of said 70th Street, an approximate distance of 350 feet to a point that is the Northeast corner of this tract; THENCE S. 00°07'22" E., an approximate distance of 496.78 feet to the PLACE OF BEGINNING. TRACT 2 -CHANGE TO IHC ZOING LEGAL DESCRIPTION for a zone change request to IHC zoning for an approximate 7.759-acre tract ofland located in Section 5, Block E, Lubbock County, Texas being further described as follows: BEGINNING at a point in the North right-of-way line of Loop 289, said point bears S. 00°07'22" E., an approximate distance of 1626.32 feet and N. 89°57'E., an approximate distance of 395 feet from the Northwest corner of said Section 5, Block E; Zone Case No. 2706-A page-2 of4 THENCE N. 00°07'22" W., an approximate distance of 496.78 feet to a point in the South right-of-way line of 79th Street; THENCE N. 89°52'38" E., along the South right-of-way line of said 70th Street, an approximate distance of 725 feet to a point that is the Northeast comer of this tract; THENCE S. 00°07'22" E., an approximate distance of 435.68 feet to a point in the North right-of-way line of said Loop 289; THENCE S. 85°03'35" W., along the North right-of-way line of said Loop 289, an approximate distance of727.57 feet to the PLACE 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 No/100 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 23rd day of Passed by the City Council on second reading this ~=- ATTEST: ~~-~6---Rebecca Garza, City Secretary \ Zone Case No. 2706-A page-3 of4 January , 2003. February , 2003. Randy Henson, S APPROVED AS TO FORM: r-·--V / ,-···----.. v. • ~. -. ?" /, ~--;; _, ~ . -<-,_____.>. C-_;;.,,f' ;::::21'~ =--e::.,,_____, Linda L. Chamales, Supervising Attorney Office Practice MUcityatt/Linda/ZoneCases/ZC2706-A & CCDOC/ZC2706-A January I 0, 2003 Zone Case No. 2706-A page-4 of4