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HomeMy WebLinkAboutOrdinance - 2016-O0148 - Zone Case 3290 - 10/13/2016First Reading September 22. 2016 Item No. 7.1 ORDINANCE NO. 2016-00148 Second Reading October 13, 2016 Item No. 7.2 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3290; A ZONING CHANGE FROM T TO C-3 ZONING DISTRICT ON 4.102 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 22, 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 inevitab',, .ind 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 1`106ces 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. 3290 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 C-3 zoning district on 4.102 acres of unplatted land out of Block E-2, Section 22, City of Lubbock. Lubbock County, Texas, located at West of Indiana Avenue, North of 1301h Street, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION : , 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 1T IS SO ORDERED. Passed by the City Council on first reading on September 22. 2016 Passed by the City Council on second reading on October 13. 2016 ATTEST: Q0 A �- , 0 e__ - 1-/ - Reb cca Garza, Citv Sec etar APPROVED AS TO CONTENT: ndrew Paxton, Director of Planning APPROVED AS TO FORM: Justin tP uitt, Assistant City Attorney vw cityatt: Justin.- ZoneCase. ZC3290 September I. 2016 Zone Case No. 3290 page - 2 of 2 (4� --- DANIEL M. POPE, MAYOR L r- PV AM13 AMD ENGINEERING, LLC Rezone to C-3 METES AND BOUNDS DESCRIPTION of a 4.102 acre tract of land located in Section 22, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the Southeast and beginning corner of this tract, whence the Southeast corner of Section 10, Block E bears S88°14'31''E, approximately a distance of 55.00 feet and SOI°47'47"W, approximately a distance of 689.49 feet; THENCE N88014'07''W, approximately a distance of 310.00 feet to a point for the Southwest corner of this tract; THENCE NO 1047'47"E, approximately a distance of 576.30 feet to a point for the Northwest corner of this tract; THENCE S88016'35"E, approximately a distance of 310.00 feet to a point for the Northeast corner of this tract; THENCE SO1 047'47"W, approximately a distance of 576.50 feet to the Point of Beginning and containing approximately 4.102 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Lubbock Land Company July 8, 2016 KLI-MM107-S22EE2-HATTON PIACEISJRVEYING FIELONOTE DESCRIPTiONSIZONE CHANGE TO C-3 doc