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HomeMy WebLinkAboutOrdinance - 2021-O0121 - Zone Case 3308-Cirst Reading kugust 24, 2021 tem No. 8.15 Second Reading September 14, 2021 Item No. 8.18 2021-00121 ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3308-C; A ZONING CHANGE FROM R-1, R-1 SPECIFIC USE, C-3 AND IDP TO A-2 ZONING DISTRICT AT 7201 19TH STREET, LOCATED EAST OF UPLAND AVENUE AND SOUTH OF 19TH STREET, ON 14.5 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 43, 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.3308-C 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 R-1, R-1 Specific Use, C-3 and IDP to A-2 zoning district at 7201 19th Street, located east of Upland Avenue and south of 19th Street, on 14.5 acres of unplatted land out of Block AK, Section 43, City of Lubbock, Lubbock County, Texas, 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 August 24, 2021 Passed by the City Council on second reading on September 14, 2021 DANIEL M. POPE, MAYOR ATTEST: &'&' X, Rebe ca Garza, City Se et Zone Case No. 3308-C Page - 2 APPROVED AS TO CONTENT: Bry A�am,irector of Planning APPROVED AS TO FORM: VA elli Leisure, Assistant City Attorney vw/cityatt/Kell i/ZoneCase/ZC3308-C July 29, 2021 Zone Case No. 3308-C Page - 3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-6642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" PROPOSED A-2 ZONING METES AND BOUNDS DESCRIPTION of an approximate 14.5 acre tract of land located in Section 43, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of Section 43, Block AK, Lubbock County, Texas, for the Northwest corner of this tract; THENCE S. 88012'08" E., along the North line of said Section 43, for an approximate distance of 659.4 feet to the Northeast corner of this tract; THENCE S. 01 052'48" W., at approximately 65.0 feet, pass the Northwest corner of Tract "A", Bushland Springs, an addition to the City of Lubbock, Lubbock County, Texas, continuing along the Western boundary of said Tract "A", for a total approximate distance of 957.0 to the Southwest corner of said Tract "A", a point in the Northern boundary of the plat limits of Lots 147-251, Bushland Springs, an addition to the City of Lubbock, Lubbock County, Texas, for the Southeast corner of this tract; THENCE N. 88012'08" W., along the Northern boundary of the plat limits of said Lots 147-251, an approximate distance of 594.4 feet to a point; THENCE N. 43009'40" W., along the Northern boundary of the plat limits of said Lots 147-251, an approximate distance of 14.1 feet to a point; THENCE N. 88007'12" W., along the Northern boundary of the plat limits of said Lots 147-251, an approximate distance of 55.0 feet to a point in the West line of said Section 43 for the Southwest corner of this tract; THENCE N. 01 °52'48" E., along the West line of said Section 43, an approximate distance of 946.9 feet to the Point of Beginning. PREPARED FOR ZONING PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY AND SHALL NOT BE RECORDED FOR ANY REAL PROPERTY PURPOSES. Prepared for BBA Land Co. July 1, 2021