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HomeMy WebLinkAboutOrdinance - 2016-O0008 - Zone Case 2573-P - 01/28/2016First Reading January 14, 2016 Item No. 7.6 ORDINANCE NO. 2016-00008 Second Reading January 28, 2016 Item No. 6.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-P; A ZONING CHANGE FROM AM TO IHC ZONING DISTRICT ON 0.4 ACRES AND FROM IHC TO AM ZONING DISTRICT ON 1.8 ACRES OF LAND OUT OF BLOCK JS, SECTION 1, 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, 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. 2573-P 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 AM to IHC zoning district on 0.4 acres and from IHC to AM zoning district on 1.8 acres of land out of Block JS, Section 1, City of Lubbock, Lubbock County, Texas, located at 202 West Loop 289, 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 14 2016 Passed by the City Council on second reading on ran„aq ?8, 2016 GLEN OBE SON, MAYOR ATTEST: Re ecca Garza, City Secret APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning Zone Case No. 2573-P page - 2 of 2 APPROVED AS TO FORM: r Justin D. 1 itt, Assifnt City Attorney v w/cityatt/1 ustin/ZoneCme/ZC2573-P December 1. 2015 Zone Case No. 2573-P page - 3 of 2 HUGO REED AND 1601 AVENUE N I LUBBOCK, [9iGdt:�J_.'r[�L•1uC4[�] \I I\ [e] ASSOCIATES, INC. TEXAS 79401 1 8061763-66421 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F460 TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of an approximate 1.8 acre tract of land located in Section 1, Block JS, Lubbock County, Texas being further described as follows: BEGINNING at a point in the centerline of Auburn Street, for the Northeast corner of this tract which bears S. 01'50'54" W. an approximate distance of 2647.9 feet and N. 88°06'26" W. an approximate distance of 1271.3 feet from the Northeast corner of Section 1, Block JS, Lubbock County, Texas; THENCE S. 01 °52'32" W. an approximate distance of 650.5 feet to a point in the Northern boundary of a 2.0 acre tract of land previously zoned IHC for the Southeast corner of this tract; THENCE S. 54°53'13" W., along the Northern boundary of said 2.0 acre tract, an approximate distance of 7.6 feet to a point for a corner of a 13.1 tract of land previously zoned AM, for the most Southerly Southwest corner of this tract; THENCE N. 22050'44"W., along the Eastern boundary of said 13.1 acre tract, an approximate distance of 373.2 feet to a point for a corner of this tract; THENCE N. 01 051'45" E., continuing along the Eastern boundary of said 13.1 acre tract, an approximate distance of 316.1 feet to a point for the Northeast corner of said 13.1 acre tract in the centerline of said Auburn Street for the Northwest corner of this tract; THENCE S. 88°08'15" E., along said centerline of Auburn Street, an approximate distance of 162.2 feet to the Point of Beginning. PREPARED FOR ZONING PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY November 5, 2015 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 0081763.66421 FAX 8061783-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100878-00 LAND SLJRVEYORS CIVIL ENGINEERS Q9J_1�[eT>iZi7ICC�.[i7�II� Cel METES AND BOUNDS DESCRIPTION of an approximate 0.4 acre tract of land located in Section 1, Block JS, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northeast corner of a 3.1 acre tract of land previously zoned IHC and the Northeast corner of this tract which bears S. 01 050'54" W. an approximate distance of 3380.5 feet and N. 88°06'26" W. an approximate distance of 1380.5 feet from the Northeast corner of Section 1, Block JS, Lubbock County, Texas; THENCE S. 54°53'13" W., along the Northern boundary of said 3.1 acre tract, an approximate distance of 275.9 feet to a point for the Northwest corner of said 3.1 acre tract and the Southwest corner of this tract; THENCE N. 01°52'22" E. an approximate distance of 165.5 feet to a point for the Northwest corner of this tract; THENCE S. 88015'56" E. an approximate distance of 220.4 feet to the Point of Beginning. PREPARED FOR ZONING PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY. November 5, 2015