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HomeMy WebLinkAboutOrdinance - 2022-O0055 - Zone Case 3462 - 04/12/2022First Reading April 12, 2022 Item No. 8.5 ORDINANCE NO. 2022-00055 Second Reading April 26, 2022 Item No. 7.48 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3462; A ZONING CHANGE FROM T TO A-2 ZONING DISTRICT GENERALLY LOCATED EAST OF UNIVERSITY AVENUE AND SOUTH OF 106TH STREET, ON 3.18 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 10, 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.3462 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 A-2 zoning district generally located east of University Avenue and south of 106th Street, on 3.18 acres of unplatted land out of Block E, Section 10, 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 April 12, 2022 Passed by the City Council on second reading on April 26, 2022 DANIEL M. POPE, MAYOR ATTEST: Rebec a Garza, City Secre Zone Case No. 3462 Page - 2 APPROVED AS TO CONTENT: -IZ4� c or of Planning APPROVED AS TO FORM: K Iri Leisure, Assistant City Attorney vw: cityatt/Kelli ZoneCase/ZC3462 April 7, 2022 Zone Case No. 3462 Page - 3 Exhibit A METES AND BOUNDS description prepared for Annexation purposes only on a 3.18 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 comer of this tract which bears East, an approximate distance of 1260 feet from the Northwest comer of the SW/4 of Section 10, and also being in the South line of the Tract annexed by City of Lubbock by Ordinance(CLO) 2005-00078; THENCE East, along the North line of the SW/4 and the South City Limits Line established by CLO 2005-00078, an approximate distance of 275 feet to the Northeast corner of this tract; THENCE South an approximate distance of 503.49 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 275 feet to a point in the City Limits line; THENCE North, with the City Limits line an approximate distance of 503.49 feet to the PLACE of BEGINNING and containing 3.18 acres. PREPARED FOR ANNEXATION PURPOSES ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY.