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HomeMy WebLinkAboutOrdinance - 2015-O0040 - Zone Case 2573-N - 05/14/2015Reading Second Reading 23, 2015 May 14, 2015 No. 6.5 Item No. 5.25 ORDINANCE N0.2015-00040 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-N; A ZONING CHANGE FROM A-2, C-3, and IHC TO IHC ZONING DISTRICT ON 2 ACRES OF UNPLATTED 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-N 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 A-2, C-3, and IHC to IHC zoning district on 2 acres of unplatted land out of Block JS, Section 1, City of Lubbock, Lubbock County, Texas, located at north of 2"d Drive and West of Slide Road, 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 April 23, 2015 Passed by the City Council on second reading on May 14, 2015 ATTEST: Reb cca Garza, City Secretac 'A ZO'*'*' GL N C. R ERTSON, MAYOR Zone Case No. 2573-N page - 2 of 2 APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Chad Weaver, City Attorney vw/cityatt/Chad/ZoneCa a/ZC2573-N April 2, 2015 Zone Case No. 2573-N page - 3 of 2 2.00 ACRE TRACT LOCATED IN SECTION 1, BLOCK JS LUBBOCK COUNTY, TEXAS F------------ -- A�G�N y STREET Remnant C-3 Zoning �A-2 Zoning IHC Zoning 00" V O Z NOT TO SCALE I - II 1 I I� I I 1 I\ 11, tiv \\ Tris FONT BEARS Nfi6*MW w AN \ \ \ WPFRO7QAATE 'STANCE OF 980.4 FEET \ \ AND S0*1S 4W AN APPR0X8MTE DEiTANCE OF 3348.e FEET FRaM THE NaRTNEasr \ COWY€R OF SECTION I. BLOCK -s, LUBBOCK COUNTY \ \ \ \ TEXAS. Ir 'VANE) REED AND ASSOCIATES, INC. CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 700878-00 PHONE: 806 / 7635642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 1r:;;irrr_n'�iiE Cl:LAND SUR E JO HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-66421 FAX 8061763.3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676.00 METES AND BOUNDS DESCRIPTION of an approximately 2.0 acre tract of land located in Section 1, Block JS, Lubbock County, Texas, being further described as follows: BEGINNING at a point of intersection in the North right-of-way line of 2nd Drive as recorded under County Clerk File Number 2012002863 of the Official Public Records of Lubbock County, Texas, for the Southeast corner of this tract which bears N. 88006'26" W an approximate distance of 980.4 feet and S. 01 050'54!'W. an approximate distance of 3346.8 feet from the Northeast corner of Section 1, Block J -S, Lubbock County, Texas; THENCE Southwesterly, along said North right-of-way line, along a curve to the left, said curve having an approximate radius of 530.0', a central angle of 11 027'42", approximate tangent lengths of 53.2 feet, an approximate chord distance of 105.9 feet and a chord bearing of S. 43°13'00" W. to a point of tangency for a corner of this tract; THENCE S. 37029'09" W., along said North right-of-way line an approximate distance of 163.8 feet to a point of curvature for a corner of this tract; THENCE Southwesterly, along said North right-of-way line, along a curve to the right, said curve having an approximate radius of 470.0 feet, a central angle of 10000'13", approximate tangent lengths of 41.1 feet, an approximate chord distance of 82.0 feet and a chord bearing of S. 42029'15" W. to a point of intersection for the Southwest corner of this tract; THENCE N. 35006'47" W. an approximate distance of 301.5 feet to a point for the Northwest corner of this tract; THENCE N. 54053'13" E. an approximate distance of 340.0 feet to a point for the Northeast corner of this tract. THENCE S. 35006'47" E. an approximate distance of 213.5 feet to the Point of Beginning; PREPARED FOR ZONE CHANGE PURPOSES ONLY. DOES NOT REPRESENT A SURVEY AND SHALL NOT BE USED FOR ANY REAL PROPERTY TRANSACTION. Prepared for: Umer Hospitality dba Howard Johnson Inn March 9, 2015