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HomeMy WebLinkAboutOrdinance - 2018-O0042 ZC 3339 - Amending Zoning Ordinance No. 7084 - 03/22/2018First Reading March 22, 2018 Item No. 7.6 Second Reading April 12, 2018 Item No. 7.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3339; A ZONING CHANGE FROM T TO C-3 AND A-2 ZONING DISTRICT ON 14.55 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 10, LUBBOCK, LUBBOCK COUNTY, TEXAS, LOCATED AT 10601 AND 10701 UNIVERSITY AVENUE; 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 City of Lubbock 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 Interim Future Land Use Plan is a guide to help the City of 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 City of Lubbock Planning and Zoning Commission and the City Council recognize that this zone change supports the scope and intent of the 2040 Interim Future Land Use Plan, which protects the public and private commitments that have been previously based on the 2040 Interim Future Land Use Plan; and WHEREAS, all conditions precedent required by law for a valid amendment to the City of Lubbock Zoning Ordinance No. 7084 and the Official Zoning 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 Section 211.007 of the Texas Local Government Code, 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 were allowed to speak in support or opposition to the proposal; and after said hearing, it was determined by the City Council that it would be in the public interest, due to changed conditions, that the City of Lubbock Zoning Ordinance No. 7084 and the Official 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. 3339 SECTION 1. THAT the City of Lubbock Zoning 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 C-3 and A-2 zoning district on 14.55 acres of unplatted land out of Block E, Section 10, City of Lubbock, Lubbock County, Texas, located at 10601 and 10701 University Avenue, 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 March 22, 2018 Passed by the City Council on second reading on April 12, 2018 DANIEL M. POPE, MAYOR ATTEST: "�Oj V4�- j-" )K Re cca Garza, City §ecretay') Zone Case No. 3339 1 Page - 2 of 3 APPR VED AS TO CONTENT: Lata Krishnarao, Interim Director of Planning APPROVED AS TO FORM: �rZ24-7� Jus n tt, A istant City Attorney vw/cityatt/Justin/ZoneCase/ZC3339 March 1, 2018 Zone Case No. 3339 1 Page - 3 of 3 ABACJZ ENGINEERING SURVEYING Texas Surveying No. 101153-00 Texas Engineering Firm No. 4368 2737 81 ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 Proposed C-3 Tract METES AND BOUNDS description prepared for Zone Change Purposes Only on a 3.49 acre tract out of Section 10, Block E, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at the Northwest corner of the SW/4 of Section 10, for the Northwest corner of this tract; THENCE East, along the North line of the SW/4 an approximate distance of 302 feet to the Northeast comer of this tract; THENCE South an approximate distance of 503.1 feet to a point in the South line of the tract described in Lubbock County Clerk File Number (CCFN) 2017016442 for the Southeast corner of this tract; THENCE West along the South line of the tract described in CCFN 2017016442, an approximate distance of 302 feet to a point in the West line of Section 10 for the Southwest corner of this tract; THENCE North, with the West line of Section 10, an approximate distance of 503.1 feet to the PLACE of BEGINNING and containing 3.49 acres. PREPARED FOR ZONE CHANGE PURPOSES ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY. ENGINEERING ABACJ45 SURVEYING Texas Surveying No. 101153-00 Texas Engineering Firm No. 4368 2737 8i ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 Proposed A-2 Tract METES AND BOUNDS description prepared for Zone Change Purposes Only on an 11.06 acre tract out of Section 10, Block E, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a point in the North line of the Southwest Quarter (SW/4) of Section 10 for the Northwest corner of this tract which bears East, an approximate distance of 302 feet from the Northwest corner of the SW/4 of Section 10; THENCE East, along the North line of the SW/4 an approximate distance of 958 feet to the Northeast corner of this tract; THENCE South an approximate distance of 503.1 feet to a point in the South line of the tract described in Lubbock County Clerk File Number (CCFN) 2017016442 for the Southeast corner of this tract; THENCE West along the South line of the tract described in CCFN 2017016442, an approximate distance of 958 feet to the Southwest corner of this tract; THENCE North, an approximate distance of 503.1 feet to the PLACE of BEGINNING and containing 11.06 acres. PREPARED FOR ZONE CHANGE PURPOSES ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY.