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HomeMy WebLinkAboutOrdinance - 2021-O0012 - Zone Case 3279-AFirst Reading January 26, 2021 Item No. 7.2 ORDINANCE NO. 2021-00012 Second Reading February 9, 2021 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. 3279-A; A ZONING CHANGE FROM GO, T, AND C-3 TO A-2 ZONING DISTRICT AT 9901 UPLAND AVENUE, LOCATED NORTH OF 103RD STREET AND EAST OF UPLAND AVENUE, ON 10.76 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 22, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO REQUIREMENTS; 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 2040 Future Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and the 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 2040 Future Land Use Plan, which protects the 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 compiled 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 Ordinances 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.3279-A 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, T, and C-3 to A-2 zoning district at 9901 Upland Avenue, located north of 103rd Street and east of Upland Avenue, on 10.76 acres of unplatted land out of Block AK, Section 22, City of Lubbock, Lubbock County, Texas, subject to requirements, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING REQUIREMENTS: 1. THAT a seven (7) foot tall, cedar, flat top fence, must be constructed and maintained along the east and south property lines; and 2. THAT the property development shall be as proposed on the site plan submitted to the City of Lubbock. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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 26, 2021 Passed by the City Council on second reading on February 9, 2021 ATTEST: ke�caarza, City Secr to DANIEL M. POPE, MAYOR Zone Case No. 3279-A Page - 2 APPROVED AS TO CONTENT: 111 sham, ' ector of Planning A ROVED S TO FORM: lli Leisure, Assistant City Attorney vw/CityAtt/Kel I i/Zones/ZC3279-A January 7, 2021 Zone Case No. 3279-A Page - 3 AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 22, BLOCK AK, LUBBOCK COUNTY, TEXAS (Sheet 1 of 2, Sketch of tract attached as Sheet 2) METES AND BOUNDS DESCRIPTION of a 10.760 acre tract of land located in Section 22, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the most northerly northeast corner of said 10.760 acre tract, whence the northwest corner of The Ridge, Lots 38-58 Tract (P&D:3015014492) bears N 01 ° 51' 05" E, a distance of 305.03 feet; THENCE S 01 ° 51' 02" W an approximate distance of 545.00 feet; THENCE N 880 00' 44" W an approximate distance of 860.00 feet; THENCE N 010 51' 02" E an approximate distance of 545.00 feet; THENCE S 880 00' 44" E an approximate distance of 860.00 feet to the Point of Beginning and containing approximately 10.760 acres. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. Prepared for: Primrose Retirement Communities December 2, 2020