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HomeMy WebLinkAboutOrdinance - 2017-O0007 - Zone Case 3116-K - 01/26/2017First Reading Second Reading Item No.7.4 Item No.7.10 January 12,2017 January 26,2017 ORDINANCE NO.7017-00007 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:ZONE CASE NO.3116-K;A ZONING CHANGE FROM GO TO C-2 ZONING DISTRICT ON 7.1 ACRES OF UNPLATTED LAND OUT OF BLOCK AK,SECTION 4,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 receivedby the CityCouncil and,after due consideration,the CityCouncilfoundthatdue to changed conditions,it would be expedient and in the interest of the public health, safetyandgeneralwelfareto makethose proposed changes in zoning;and WHEREAS,the 1986 Comprehensive Land Use Planas 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 andCity 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,Cityof Lubbock,Texas, andthe notices provided bythe 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,andthe public hearing according to said notice,washeldintheCity 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.3116-K 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 GO to C-2 zoning district on 7.1 acres of unplatted land out of Block AK, Section 4, City of Lubbock, Lubbock County, Texas, located west of Indiana Avenue and North of 135th Street, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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 _ January 12, 2017 Passed by the City Council on second reading on January 26, 2017 ATTEST: Q'4�- )Nc Reb ca Garza, City Secf . -.- to APPROVED AS TO CONTENT: ndrew Paxton, Director of Planning APPROVED AS TO FORM: ' -*A**-� � L;t Just' D Pruitt, ssistant City Attorney vw/city J stin/ZoneCase/ZC3116-K December 12, 2016 Ljk'-� - DANIEL M. POPE, MAYOR Zone Case No. 3116-K page - 2 of 2 A3ACJo5 ENGINEERING SURVEYING 2737 81 ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 "Count on it" Proposed C2A Zoning METES AND BOUNDS DESCRIPTION prepared for Zone Change Purposes Only on a 7.1 Acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of Section 4, Block AK, Lubbock County, Texas, which bears S. 01 °45'55" W., an approximate distance of 670.0 feet from the Northeast corner of said Section 4, Block AK; THENCE S 01 °45'55" W., along the East line of said Section 4, an approximate distance of 977.0 feet to a point; THENCE N 88013'29" W., an approximate distance of 315.0 feet to a point; THENCE N 01 °45'55" E., an approximate distance of 977.0 feet to a point; THENCE S 88°13'52" E., an approximate distance of 315.0 feet to the PLACE of BEGINNING, containing 7.1 Acres Prepared for Zone Change Purposes only, does not represent an actual survey.