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HomeMy WebLinkAboutOrdinance - 2018-O0078 - Zone Case 3352 - 07/12/2018First Reading June 28, 2018 Item No. 7.6 ORDINANCE NO. 2018-00078 Second Reading July 12, 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.3352; A ZONING CHANGE FROM T TO C-3 ZONING DISTRICT ON 28.75 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 22, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO REQUIREMENTS; 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 Interim 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 Interim Future Land Use Flan, 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 compiled 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 Ordinances 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.3352 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 T to C-3 zoning district on 28.75 acres of unplatted land out of Block E-2, Section 22, City of Lubbock, Lubbock County, Texas located at 4310 122"a Street, subject to requirements, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING REQUIREMENTS: 1. THAT the property be limited to a maximum of 2 curb cuts along Quaker Avenue and 2 curb cuts along 122"" Street. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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 June 28, 2018 Passed by the City Council on second reading on July 12. 2018 ATTEST: Itebec a Garza, City Secret DANIEL M. POPE, MAYOR Zone Case No. 3352 page - 2 of 3 APPROVED AS TO CONTENT: J Gale!� AJ Faw ,f Director of Planning APPROVED AS TO FORM: Just, . P itt, Assistant bt7y Attorney vw/CityAulhstin/Zone/Z.0352 June 7, 2018 ie Case Na J352 page - 3 of 3 AMD ENGINEERING, LLC Rezone to C-3 METES AND BOUNDS DESCRIPTION ora. 28.7536 acre tract of land located in Section 22, Block E2, Lubbock County, Texas, prepared for Zone Change Purposes only and being filrther described as follows: BEGfNNTNG at a point for the Southwest corner of Tract "A", Academy South, an Addition to the City of Lubbock, Lubbock County, Texas, as recorded in County Clerk File Dumber 2016008276, Official Public Records of Lubbock County, Texas, and for the Northwest and beginning comer of this tract; THENCE S88016'51 "E, approximately a distance of 12.6 feet to a point for a comer of this tract; T1 IE..NCE S02043'07"W. approximately a distance of 95.+0 feet to a point for a comer of this tract; THENCE S88016'5 I E, approximately a distance of 175.9 feet to a point for a corner of this tract; THENCE S85009'30"E, approximately a distance of 609.5 feet to a point for a corner of this tract; THENCE S78046'25"E, approximately a distance of 238.5 feet to a poitit for the Northeast corner of this tract; THENCE S01 °48'50" W, approximately a distance of 1165.6 feet to a point for the Southeast corner of this tract; THENCE N88009'5I"W, approximately a distance of 1001.2 feet to a point for (lie most Southerly Southwest comer of this tract; THENCE N01 °45'02"E, approximately a distance of 37.5 feet to a point for a comer of this tract; THENCE N43013'04"W. approximately a distance of42.0 feet to a point for the most Westerly Southwest comer of this tract; THENCE NOI048'50"E, approximately a distance of 1264.0 feet to the Point of Begitttting and containing approximately 28.7536 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: GRAC ] March 28, 2018 �_�: 'T €tw M001*1 L43I ri' i'i!: � i �3i ^7