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HomeMy WebLinkAboutOrdinance - 2021-O0033 - Zone Case 3426First Reading March 23, 2021 Item No. 7.6 ORDINANCE NO. 2021-00033 Second Reading April 13, 2021 Item No. 8.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3426; A ZONING CHANGE FROM T TO A-2 AND GO ZONING DISTRICT AT 11701 QUAKER AVENUE, LOCATED WEST OF MEMPHIS AVENUE, NORTH OF 122ND STREET, ON 25.9 ACRES OF UNPLATTED LAND OUT OF BLOCK E2, 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 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 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.3426 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 A-2 and GO zoning district at 11701 Quaker Avenue, located west of Memphis Avenue, north of 122nd Street, on 25.9 acres of unplatted land out of Block E2, Section 22, City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: THAT the primary entrance to the Apartment Tract shall be located on Memphis Avenue, south of I I6th Street and north of 122nd Street. 2. THAT the Apartment buildings contiguous to the north side of 122nd Street shall be no taller than two (2) stories. 3. THAT the development of the Apartment Tract located adjacent to 122nd Street will include: a. A sidewalk that shall be constructed in accordance with the City Code of Ordinances and shall run parallel along 122nd Street; b. Trees of the same species that shall be located no further than forty feet (40') apart, and at the time of planting, such trees shall have a diameter of at least three inches (3") measured one foot (l') above ground; and c. A fence constructed at the property line along the north side of 122nd Street, and such fence shall be at least seven feet (T) in height, shall have pickets joined together that are approximately one -quarter inch (1/4") apart, and the fence will contain masonry columns. 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. Zone Case No. 3426 Page - 2 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. IJWIUY8&STIX43:1 ; 1 Passed by the City Council on first reading on March 23, 2021 Passed by the City Council on second reading on April 13, 2021 DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City S "re ary APPROVED AS TO CONTENT: of Planning APPROVED AS TO FORM: 4j k2ft elli Leisure, Assistant City Attorney vw/cityatt/Kel I i/ZoneCase/ZC3426Amended March 4, 2021 Zone Case No. 3426 Page - 3 G�� AMD ENGINEERING, LLC Rezone to A-2 METES AND BOUNDS DESCRIPTION of a 20.37 acre (887,225 SF) tract of land located in Section 22, Block E-2, City of Lubbock, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point in which bears N 1 °47'30" E approximately 177.00 feet from the northwesternmost comer of the recorded plat for Lots 1-40, Hatton Place, an addition to the City of Lubbock, Lubbock County, Texas; THENCE S 1047'31" E an approximate distance of 1379.94 feet; THENCE S 88019'44" W an approximate distance of 832.70 feet; THENCE N 1 °50'9" W an approximate distance of 332.31 feet; THENCE N 8804'3" E an approximate distance of 45.25 feet; THENCE N 88012'29" E an approximate distance of 231.19 feet; THENCE N 1047'31" W an approximate distance of 1099.60 feet; THENCE N 88012'29" E an approximate distance of 556.00 feet to the Point of Begginning and containing approximately 20.37 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Rezone to GO METES AND BOUNDS DESCRIPTION of a 5.53 acre (240,856 SF) tract of land located in Section 22, Block E-2, City of Lubbock, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point in which bears N 45'46' 1 l" E approximately 2237.77 feet from the northwestemmost corner of the recorded plat for Lots 1-40, Hatton Place, an addition to the City of Lubbock, Lubbock County, Texas; THENCE N 88019'44" E an approximate distance of 721.16 feet; THENCE N 1 °50'9" W an approximate distance of 332.31 feet; THENCE S 88°4'3" W an approximate distance of 721.29 feet; THENCE S 1 °48'S0" E an approximate distance of 335.60 feet to the Point of Begginning and containing approximately 5.53 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Steve Pitts December 31.2020