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HomeMy WebLinkAboutOrdinance - 2015-O0062 - Zone Case 2573-O - 06/11/2015Reading Second Reading 28, 2015 June 11, 2015 No. 7.7 Item No. 6.28 ORDINANCE NO.2015-00062 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-0; A ZONING CHANGE FROM A-2 TO AM AND C-3 ZONING DISTRICT ON 19.5 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. 2573-0 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 to AM and C-3 zoning district on 19.5 acres of unplatted land out of Block JS, Section 1, City of Lubbock, Lubbock County, Texas, located at west of North Slide Road and north of Colgate 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 May 28, 2015 Passed by the City Council on second reading on June 11. 2015 ATTEST: Re t cca Garza,.City Secreta y GLE O TSON, MAYOR Zone Case No. 2573-O page - 2 of 2 APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Justin D. uitt, AssistdAt Ci } Attorney vw/cityatt/1 ustin/ZoneCase/ZC2573-0 May 7, 2015 Zane Case No. 2573-0 page - 3 of 2 0 w o z 0-O ON o c dU W L. U Q 0 .l 6Ld 1TTT, 6 V TTT T1-lT HIMON o J T ft"dejns T T T 3Cp1E.LON Q TTTTTT k I I LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of an approximate 7.0 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 Colgate Street, for the Southwest corner of this tract, which bears S. 01 *37'44"W. an approximate distance of 1760.4 feet and N. 88'06'25"W. an approximate distance of 1343.2 feet from the Northeast corner of Section 1, Block JS, Lubbock County, Texas; THENCE N. 01'37'44" E. an approximate distance of 778.1 feet to a point for the Northwest corner of this tract; THENCE S. 88°22'16" E. an approximate distance of 670.5 feet to a point in the Northern boundary of a tract previously zoned as C-3, for the Northeast corner of this tract; THENCE S. 37000'44"W., along said previously zoned tract, an approximate distance of 955.0 feet to a point in the centerline of Colgate Street, for the Southeast corner of this tract; THENCE N. 88006'33" W, along said centerline, an approximate distance of 117.5 feet to the Point of Beginning PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY NOTICE. This electronic file is provided for convenience purposes and is a verbatim copy of a certified description retained on file at Hugo Reed and Associates. Inc. In any case of discrepancy. the certified desmplion governs. Page l of 1 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8081763-5642 / FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of an approximate 12.5 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 Colgate Street, for the Southeast corner of this tract, which bears S. 01'37'44"W. an approximate distance of 1760.4 feet and N. 88°06'25" W. an approximate distance of 1343.2 feet from the Northeast corner of Section 1, Block JS, Lubbock County, Texas; THENCE N. 88006'33" W., along said centerline, an approximate distance of 699.6 feet to the Southeast corner of the plat limits of Lots 77-172, Fountain Wood, for the Southwest corner of this tract; THENCE N. 01 037'44" E., along the Eastern boundary of said plat limits, an approximate distance of 774.9 feet to a point for the Northwest corner of this tract: THENCE S. 88022'16" E. an approximate distance of 699.6 feet to a point for the Northeast corner of this tract THENCE S. 01 037'44'W. an approximate distance of 778.1 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE DESCRIPTION PURPOSES ONLY