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HomeMy WebLinkAboutOrdinance - 2018-O0019 Zone Case 3336 - Amending Zoning Ordinance No. 7084 - 01/25/2018First Reading January 25, 2018 Item No. 7.4 Second Reading February 8, 2018 Item No. 7.5 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3336; A ZONING CHANGE FROM T TO C-3 SPECIFIC USE FOR A PUBLIC UTILITY INSTALLATION, ON 6.6 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 26, NORTH OF 98TH STREET AND WEST OF UPLAND AVENUE, 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.3336 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 T to C-3 Specific Use for a public utility installation on 6.6 acres of unplatted land out of Block AK, Section 26, North of 98" Street and West of Upland Avenue, City of Lubbock, Lubbock County, Texas, located at 9506 Upland 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 ground equipment shall be screened by a screening fence; and 2. THAT the property shall have landscaping to mitigate any negative visual impact; and 3. THAT the property shall be tied to the proposed site plan. 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 T 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 9506 Upland 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 No1100 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. I' Passed by the City Council on first reading on January 25. 2018 Passed by the City Council on second reading on February 8, 2018 U-'� - DANIEL M. POPE, MAYOR Zone Case No. 3336 page - 2 of 3 ATTEST: I c) I—att4-4'— Rebt Garza, City Secreta y APPROVED AS TO CONTENT: I Lata Krishnarao, Interim Director of Planning APPROVED AS TO FORM: vw.'CityAtt/Justin.fzones: ZC3336 January 9, 2018 Zone Case No. 3336 page -3of3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 8061763.5642 / FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" Proposed C-3 (Specific Use) Zoning METES AND BOUNDS DESCRIPTION of an approximate 6.6 acre tract of land located in Section 26, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 26, Block AK, Lubbock County, Texas, for the most Southerly Southeast corner of this tract which bears N. 88010'07" W. an approximate distance of 658.8 feet from the Southeast comer of Section 26, Block AK; THENCE N. 88°10'07" W., along the South line of said Section 26, Block AK, an approximate distance of 430.0 feet to a point for the Southwest comer of this tract: THENCE N. 01 °52'47" E. an approximate distance of 545.0 feet to a point for the Northwest corner of this tract; THENCE S. 88'10'07" E. an approximate distance of 1088.8 feet to a point in the East line of said Section 26, Block AK, for the Northeast corner of this tract; THENCE S. 01 °52'47" W., along the East line of said Section 26, Block AK, an approximate distance of 80.0 feet to a point for the most Easterly Southeast corner of this tract; THENCE N. 88°10'07" W. an approximate distance of 658.8 feet to a point; THENCE S. 01 052'47" W. an approximate distance of 465.0 feet to the Point of Beginning. 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