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HomeMy WebLinkAboutOrdinance - 2023-O0019 - Zone Case 809-B - 03/07/2023First Reading February 28, 2023 Item No. 6.1 Second Reading March 7, 2023 Item No. 6.31 ORDINANCE NO. 2023-00019 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 809-11; A ZONING CHANGE FROM C-3, R-1A & IDP TO A-2 ZONING DISTRICT GENERALLY LOCATED EAST OF NORTH UNIVERSITY AVENUE AND SOUTH OF KENT STREET, ON 11.79 ACRES OF UNPLATTED LAND OUT OF SECTION 11, BLOCK A, 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.809-B 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 C-3, R-1A & IDP to A-2 zoning district generally located east of North University Avenue and south of Kent Street, on 11.79 acres of unplatted land out of Section 11, Block A, 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 Febrary 28, 2023 Passed by the City Council on second reading on March 7.2023 ATTEST: Courtney Paz, Actinglelfty Se TRA"AYNE, MAYOR Zone Case No. 809-B Page - 2 APPROVED AS TO CONTENT: sten Sager, Dire v r of Planning APPROVED AS TO FORM: V& NW, K lli Leisure, Senior Assistant City Attorney vw; cityatt/KellvZoneCase/ZC809-B February 2, 2023 Zone Case No. 809-B Page - 3 LaMD] AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 11, BLOCK A, LUBBOCK COUNTY, TEXAS (Sheet 1 of 2, Sketch of tract attached as Sheet 2) METES AND BOUNDS DESCRIPTION of a 11.79-acre tract of land located in Section 11, Block A, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point that bears N 01 ° 28' 11" E an approximate distance of 663.24 feet to the northwest corner of Section 11, Block A; THENCE N 460 37' 05" E an approximate distance of 21.14 feet; THENCE S 880 11' 26" E an approximate distance of 447.02 feet; THENCE N 890 31' 14" E an approximate distance of 200.33 feet; THENCE S 01 ° 48' 34" W an approximate distance of 794.00 feet; THENCE N 850 54' 07" W an approximate distance of 200.33 feet; THENCE N 880 11' 26" W an approximate distance of 436.90 feet; THENCE N 430 41' 07" W an approximate distance of 21.40 feet; THENCE N 000 49' 12" E an approximate distance of 1677.40 feet; THENCE N 01 ° 25' 36" E an approximate distance of 886.40 feet to the Point of Beginning and containing approximately 11.79-acres. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. Prepared for: Shanghai Development Company, LLC December 21, 2022 _-�—I--L--L—l—LJ I I --- T--- ----- --- -1rLLJ-LJ._L-- I - - ]4 KENTSTREJT—_ - ---- --1 ------ (— — NORTH UNE SEcnON 11. BLOgc __ - — - — ----- — ------------ - — - - I � I� - - - — . KENT STREET pppIPON � a Gt P I I 1RP I Z II GRE51N ID zzW -------- Of I slrr►o,." , as rrwr, nrt �avnmEs� I 11124, aaor }- S3ros� zl.l4 t1EpE �LOP�ErJ 0�LG �s M07?OY72: e� I (� UNPG�PI ?L811'287E 447.02' NOM'WE 200.33' I � I � I � I � p"OG� 1 I R SGN00�, I $I UOBOG� 5 t1,16 i ,55� >n I I b ...NSM*26V 436.D0' N&!34'0 N:7 TW 200.33' El N43'41'07'W 21.41W I I I I� I � I I I rAEN1 11EpEpP I ' I UNPGNP�p�GG I I SNp�Pprl � ------------r I 0`�NER: GO I I� 1 P L �pG LNG �z p In 6 1E1p5 I� z I fp0 Px FP Iz a I FUTURE PHASES OF THE CENTERMNTE SIIBMV§scN 5NPMPP0 , ,R� GO 0 R _ _ OE 1 1DRAKE STREET 1 II�-----------_____ DRAKE STREET -- II I ZONE CHANGE APPLICATION EXHIBIT (SHEET 2) A 11.79 ACRE TRACT OF LAND LOCATED IN SECTION 11, BLOCK A, LUBBOCK COUNTY, TEXAS NOTES Scut: 1' . 37 - 20N016 REglEST TO A-2 RA011 R-11 C-3. AMO RWSTKAL PARK SCALE: 1'=300' 0 150, 300' 600' �IY�1