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HomeMy WebLinkAboutOrdinance - 2014-O0003 - Zone Case No. 2508-M - 01/23/2014First Reading January 9, 2014 Item No. 6.3 ORDINANCE NO. 2014-00003 Second Reading January 23, 2014 Item No. 5.22 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING RANGES: ZONE CASE NO. 2508-M; A ZONING CHANGE FROM C-3 TO A-2 ONING DISTRICT ON 5.05 ACRES OF UNPLATTED LAND OUT OF BLOCK -2, SECTION 20, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO ONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR UBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly ;rented to the Planning and Zoning Commission for its recommendation which was eived by the City Council and, after due consideration, the City Council found that due changed conditions, it would be expedient and in the interest of the public health, ety and general welfare to make those proposed changes in zoning; and WHEREAS, the 1986 Comprehensive Land Use Plan as amended is a guide to the Lubbock Planning and Zoning Commission and City Council determine the cal development of the community; however, planning is a continuous process and ;e is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council cognize that the zone change is a minor deviation from the 1986 Comprehensive Land se Plan as amended, which protects public and private commitments that have been -eviously 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 40.01.005 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: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2508-M SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are d as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from C-3 to A-2 zoning district on 5.05 acres of unplatted land out of Block E-2, Section 20, City of Lubbock, Lubbock County, Texas located at north of 114th Street and west of University Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a screening fence on the west property line shall be required. 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/100 Dollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock. SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of Ordinance be declared unconstitutional or invalid for any reason, the remainder of Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publication the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. by the City Council on first reading on January 9, 2014 by the City Council on second reading on January 23, 2014 TTEST: Garza, City Secretary GL "R6AVSON, MAYOR Zone Case No. 2508-M page - 2 of 3 OVED AS TO CONTENT: Paxton, Director of Planning AS TO FORM: I Weaver - stant City Attorney 508-M 10, 2013 Zone Case No. 2508-M page - 3 of 3 EXHIBIT A Location Address: A portion of the Property that the Lubbock Central Appraisal District identifies under R86980 and denotes a situs address of "Lubbock 79424". Notwithstanding the foregoing, it is believed the Property does not technically have a legal address assigned as the Property has not been duly platted. Legal Description: Metes and Bounds Description prepared for Zone Change Purposes Only on a 5.05 Acre Tract out of the South Half of Section 20, Block E-2, Lubbock County, Texas being further described by metes and bounds as follows: BEGINNING at a found 1/2" rod with orange cap marked RPLS 4460 having Texas North Central Zone Coordinates of North: 7241859.04, East: 940407.25 in the North line of 114th Street for the Southeast corner of a previously surveyed 15.101 acre tract and the Southwest corner of this tract whence the Southeast corner of Section 20, Block E-2 bears S O1°47'36" E (Texas North Central Zone Bearing Basis), 55.0 feet and S 88°11'46" E, 759.81 feet; THENCE N 0104736" E, with the West line of the 15.101 acre tract, 315.49 feet to a found 1/2" rod with orange cap marked RPLS 4460 for a corner of this tract; THENCE S 88°14'55" E, with a Southerly line of the tract described as Tract 1 in Lubbock County Clerk File # (CCFN) 2007042488, a distance of 23.79 feet to a found rod with red cap (RL Smith) for a corner of this tract; THENCE N 01 043'59" E, with an Easterly line of said Tract 1, a distance of 242.46 feet to the Northwest corner of this tract; THENCE S 88°11'46" E, 381.35 feet to the Northeast corner of this tract; THENCE S 01047'36" W, 557.87 feet to a point in the North line of 114th Street for the Southeast corner of this tract; THENCE N 88°11'33" W, with the North line of 114th Street, 404.88 feet to the PLACE of BEGINNING containing 5.05 acres. 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