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HomeMy WebLinkAboutOrdinance - 2014-O0088 - Zone Case No. 2009-A - 06/12/2014First Reading May 22, 2014 Item No. 7.3 ORDINANCE NO. 2014-00088 Second Reading June 12, 2014 Item No. 6.28 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING RANGES: ZONE CASE NO. 2009-A; A ZONING CHANGE FROM IHC TO IRI DNING DISTRICT ON 11.6 ACRES OF UNPLATTED LAND OUT OF BLOCK , SECTION 5, 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 :sented 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 ;nize that the zone change is a minor deviation from the 1986 Comprehensive Land Plan as amended, which protects public and private commitments that have been ously 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. 2009-A 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 IHC to IRI zoning district on 11.6 acres of unplatted land out of Block E, Section 5, City of Lubbock, Lubbock County, Texas located at 115 South Loop 289, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: I. THAT a screening fence shall be waived for uses with the display/parking and storage of equipment, tools, vehicles, and trailers for rent or sale or hire. 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 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. by the City Council on first reading on May 22, 2014 by the City Council on second reading on June 12, 2014 Garza, �iR.J►CvrC �• • Zone Case No 2009-d page - 2 aj3 AS TO CONTENT: Director of Planning AS TO FORM: had Weaver ssistant City Attorney (Amended] Zone Case No.2009-A page - 3 of 3 METES AND BOUNDS DESCRIPTION of an approximate 11.6 acre tract of land located in Section 5, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at the Southeast comer of the Northeast Quarter of Section 5, Block E, Lubbock County, Texas, being the center point of the intersection of Ash Avenue and East 74th Street; THENCE S. 89057'58" W., along the centerline of East 74th Street, at approximately 676.5 feet pass a point in the West right of way of Avenue "B" and East 74th Street, and continuing for a total approximate distance of 787.6 feet to a point; THENCE N. 00°04'11" W. an approximate distance of 585.4 feet to a point in the South right of way line of South Loop 289; THENCE N. 80°35'24" E., along said right of way, an approximate distance 151.9 feet to a point; THENCE N. 00052'53"W., along said right of way, an approximate distance of 20.0 feet to a point; THENCE N. 85017'04" E., along said right of way, an approximate distance of 300.9 feet to a point; THENCE N. 85037'38" E., along said right of way, an approximate distance of 3.0 feet to a point of intersection; THENCE Northeasterly, along said right of way, along a curve to the right, said curve having an approximate radius of 5714.6 feet, a central angle of 03021'33", an approximate chord distance of 335.0 feet, and a chord bearing of N. 86055'38" E., to a point in the East line of Section 5, Block E, Lubbock County, Texas, and the Centerline of Ash Avenue; THENCE S. 00006'59" E., along said Section line, an approximate distance of 672.8 feet to the point of beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY. April 17, 2014 I� m 0 iw t m 'o a m LNOW52'53"W 1 1 20.0' > II I 00 O no02 —� yZ , M= <Ozm 00 I'i xOAO �q 'M 0�> x I: m I� m 0 iw t m 'o a m LNOW52'53"W 1 1 20.0'