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HomeMy WebLinkAboutOrdinance - 2018-O0006 Zone Case 2995-X - Amending Zoning Ordinance No. 7084 - 01/11/2018First Reading January 11, 2018 Item No. 8.4 Second Reading January 25, 2018 Item No. 7.15 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2995-X; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE FOR A VETERINARY HOSPITAL OR CLINIC, ON 2 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 29, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; 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, 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.2995-X 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 C-3 to C-3 Specific Use for a veterinary hospital or clinic on 2 acres of unplatted land out of Block AK, Section 29, City of Lubbock, Lubbock County, Texas, located at 6611 Milwaukee Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the development of the site shall meet the established curb cut management policy along Milwaukee Avenue. 2. THAT the zone change shall have no outdoor boarding. 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 C-3 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 6611 Milwaukee Avenue, 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 January 11, 2018 Passed by the City Council on second reading on January 25, 2018 ATTEST: Re t cca Garza, City Secr tart' DANIEL M. POPE, MAYOR Zone Case No. 2995-X page - 2 of 3 APP OVED AS TO CONTENT: Lata Krishnarao, Interim Director of Planning APPROVED AS TO FORM: Justi Pruitt, Assistant City Attorney vw/CityAtt/J ustin/Zones/ZC2995-X December 5, 2017 Zone Case No. 2995-X page -3of3 ABACU6SURVEYING Texas Surveying No. 1011,93-00 Texas Engineering Firm No. 4368 Ei 2737 S1 ST STREET LUBBOCK, TEXAS 79423 "Count on it" (806) 74.5-7670 Metes and Bounds Description prepared for Zone Change Purposes Only on a 2.429 acre tract out of Section 29, Block AK, Lubbock County, Texas, and being further described as follows: BEGINNING at a found 1/2" rod with orange cap (AMD) in the West line of Ironton Avenue at the most Northerly corner of Tract A, Bacon Crest North, an Addition to the City of Lubbock, Lubbock County, Texas as shown by the plat thereof recorded in Lubbock County Clerk File Number (CCFN) 2012019009 for the most Easterly corner of this tract; THENCE S 46052'28" W(Texas North Central Zone Bearing Basis), with the Northwesterly line of Tract A, Bacon Crest North, an approximate distance of 265.18 feet to the Southeast corner of this tract; THENCE N 88012'03" W, an approximate distance of 165.67 feet to the Southwest corner of this tract; THENCE N 01 °47'57" E, an approximate distance of 354.50 feet to the Northwest corner of this tract; THENCE S 88012'03" E, with the South line of 66th Street, an approximate distance of 325.33 feet to a found 1/2" rod with cap for the most Northerly Northeast corner of this tract; THENCE S 4316'31" E, 21.87 feet to a Found 1/2" iron rod with orango cap(AMD) for a corner of this tract; THENCE S 01'49'36" W, 71.04 feet to a found 1/2" iron rod with orange cap(AMD) for a corner of this tract; THENCE Southerly, with a curve to the left and the West line of Ironton Avenue, having a radius of 203.25 feet, a central angle of 17051'37", a chord distance of 81.73 feet, and a chord bearing of S 07"06'09" E, to the PLACE of BEGINNING, containing 2.429. Prepared For Zone Change Purposes only Does Not represent a survey,