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HomeMy WebLinkAboutOrdinance - 2017-O0156 - Amends Zoning Ord. #7084 - Zone Case #3332 - 12/18/2017First Reading December 7, 2017 Item No. 6.9 ORDINANCE NO. �niTSt� Second Reading December 18, 2017 Item No. 7.9 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3332; A ZONING CHANGE FROM R-1 TO A-2 SPECIFIC USE FOR BOYS AND GIRLS CLUB, ON 1.19 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 44, 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. 3332 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from R-1 to A-2 Specific Use for Boys and Girls Club on 1.19 acres of unplatted land out of Block AK, Section 44, City of Lubbock, Lubbock County, Texas, located at 6213 261h Street, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 40.03.3102 of the Codified Zoning Ordinance, which provides that a Building Permit shall be applied for and secured within thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in this case is the R-1 zone district; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Section 40.03.3101- 40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 6213 261h Street, City of Lubbock, Lubbock County, Texas. SECTION 3. 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 4. 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 5. 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 pc tuber 7.2017 Passed by the City Council on second reading on December 18, 2017 DANIEL M. POPE, MAYOR Zone Case No. 3332 page - 2 of 3 ATTEST: Rebe a Garza, City Secreta AP ROVED AS TO CONTENT: k, Lata Krishnarao, Interim Director of Planning APPROVED AS TO FORM: Justin . Prui Assistant City Attorney -w'CityAtt Just int'ZonesiZC3332 November 7, 2017 Zone Case No. 3332 page -3 of AMD ENGINEERING, LLC Rezone to A-2 Special Exception For Boys' and Girls' Club METES AND BOUNDS DESCRIPTION of a 1.19 acre tract of land located in Section 44, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the most Westerly Northwest and beginning corner of this tract, whence the Northwest corner of the Southwest Quarter of Section 44, Block AK bears N88°08'30"W, approximately a distance of 1350.0 feet and NO1 °44' 15"E, approximately a distance of 25.0 feet; THENCE N46047'52"E, approximately a distance of 21.2 feet to a point for the most Northerly Northwest corner of this tract; THENCE S88008'30"E, approximately a distance of 368.7 feet to a point for the most Northerly Northeast corner of this tract; THENCE S4205 1'49"E, approximately a distance of 21.1 feet to a point for the most .Easterly Northeast corner of this tract; THENCE S02024'52"W, approximately a distance of 120.0 feet to a point for the Southeast corner of this tract; THENCE N88008'30"W, approximately a distance of 349.1 feet to a point for the most Southerly Southwest corner of this tract; THENCE NO1 °51'30"E, approximately a distance of 27.0 feet to a point for a corner of this tract; THENCE N88008'30"W, approximately a distance of 48.0 feet to a point for the most Westerly Southwest corner of this tract; THENCE NO 044'l 5"E, approximately a distance of 93.0 feet to the Point of Beginning and containing approximately 1. 19 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Boys' and Girls' Club of Lubbock October 4, 2017 I' VO 117110-S44BAK-BOYS AND GIRLS CLUBISURVEYI%SEN nCOL 17-100411711010NE CHANGE TO A -2 -BOYS AND GIRLS CLUB doc