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HomeMy WebLinkAboutOrdinance - 2014-O0024 - Zone Case No. 3223 - 03/13/2014First Reading February 27, 2014 Second Reading March 13, 2014 Item No. 6.5 Item No. 5.25 ORDINANCE NO. 2014-00024 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3223; A ZONING CHANGE FROM T TO A-2 ZONING DISTRICT ON 20.2 ACRES OF UNPLATTED LAND OUT OF BLOCK D-6, SECTION 2, 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 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 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 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. 3223 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended 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 T to A-2 zoning district on 20.2 acres of unplatted land out of Block D-6, Section 2, City of Lubbock, Lubbock County, Texas, located at East of Inler Street and North of 11th Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 1. THAT a screening fence along the west property line (front) is not required. 2. THAT two curb cuts be allowed on the south property line, along 11th Street. 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 40.01.006 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 on February 27, 2014 Passed by the City Council on second reading on March 13, 2014 - -- 1. Z 4z� /-�/ G N C. ERTSON, MAYOR ATTEST: f'), o , " - , V- I . Secreta Zone Case No. 3223 page - 2 of 2 APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw, cityatt/Chad ZoneCase ZC3223 [Amended] February 27, 2014 Zone Case No. 3223 page - 3 of 2 LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 PROPOSED A-2 ZONING METES AND BOUNDS DESCRIPION of a 20.2 acre tract of land located in Section 2, Block D-6, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East right-of-way (r -o -w) line of Inler Avenue, which bears S. 89°58'34" E. a distance of 40.0 feet from the Southwest corner of the Northwest quarter of Section 2, Block D-6, Lubbock County, Texas; THENCE N. 00°06'00" W., along said East r -o -w line an approximate distance of 1314 feet to a point; THENCE S. 89°58'27" E. an approximate distance of 670 feet to a point; THENCE S. 00006'00" E. an approximate distance of 1314 feet to a point; THENCE N. 89°58'34" W. an approximate distance of 670 feet to the Point of Beginning. Contains: Approximately 20.2 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. PROPOSED A-2 ZONING LOCATED IN SECTION 2, BLOCK D-6 / 8th STREET TRACT B 275 0.566 W. 274 273 270 269 z7z 261 271 9 r� 262 263 ST 264 59 C265 266 267 268 258 257 256 252 /f 255 254 253 251 43 STREET 244 245 246 247 248 250 LLQ 249 D z LLQ 32 > 226 231 230 Q 229 22B 227 225 PLACE 217 218 219 220 221 222 224 223 z 0 U) 198 197 196 Q 195 194 193 192 j 7 STREET Ilih STREET 186 IB7 IBB 189 190 W z 0 2 SCALE 1:200 W D z w Q Lu J z H p ASSOCIATES O REED LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 78401 TEXAS UCENSEDSURVEVWa FIRM 10007640 PHONE: 80817035642 TEXAS REGISTERED ENGINEERING FRM F•7S0 FAX: 806 7633891