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HomeMy WebLinkAboutOrdinance - 2019-O0003 - ZC 3033-A - 01/22/2019First Reading Second Reading January 10,2019 January 22,2019 Item No.7.4 Item No.9.5 ORDINANCE NO.2019-00003 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:ZONE CASE NO.3033-A;A ZONING CHANGE FROM T AND IHC TO IHC SPECIFIC USE FOR A HOSPITAL,AT 7620 82nd STREET,NORTHWEST OF THE CORNER OF WAUSAU AVENUE AND 82ND STREET,WEST RIDGE COMMERCIAL PARK TRACTS A-C AND 65 ACRES OF UNPLATTED LAND OUT OF BLOCK AK,SECTION 31 AB 243 TR E2A, 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 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 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.3033-A 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 and IHC to IHC Specific Use for a Hospital at 7620 82°d Street, northwest of the corner of Wausau Avenue and 82nd Street, West Ridge Commercial Park Tracts A-C and 65 acres of unplatted land out of Block AK, Section 31 AB 243 TR E2A, City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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 and IHC 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 7620 82°d Street, 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 No/100 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. Passed by the City Council on first reading on Tamnary 1 0, 2019 Passed by the City Council on second reading on January 22, 2019 DANIEL M. POPE, MAYOR Zone Case No. 3033-A page -2of3 ATTEST: P P'�� 10 Reb cca Garza, City Se ti y APPROVED AS TO CONTENT: AJ Fa er, Director of Planning APPROVED AS TO FORM: )a lhouli6 - I elli Leisure, Assistant City Attorney vw/CityAtt/KcII i/Zones/ZC3 033 -A December 4, 2018 Zone Case No. 3033-A page - 3 of 3 DESCRIPTION OF PROPERTY SURVEYED BEING a 25.0254 acre (1,090,106 square foot) tract of land situated in the Georgetown R.R. Co. Survey, Abstract No. 243, Block AK, Section 31, City of Lubbock, Lubbock County, Texas said tract being all of Tract A, B & C, West Ridge Commercial Park, an addition to the City of Lubbock according to the plat filed in Volume 4845, Page 45 of the Deed Records of Lubbock County, Texas; said tract also being part of that tract of land described in Special Warranty Deed to Covenant Health System recorded in Instrument No. 2006023923 of the Official Public Records of Lubbock County, Texas; said tract being more particularly described as follows: BEGINNING at a 1/2-inch iron rod found for corner at the east end of a right-of-way corner clip at the intersection of the southeast right-of-way line of US Highway No. 82 (a variable width right-of- way) and the west right-of-way line of Wausau Avenue (an 80-foot wide right-of-way); THENCE South 1 °49'04" West, along the said west line of Wausau Avenue, a distance of 1,409.01 feet to a point for corner; from said point a 1/2-inch iron rod with "HUGO REED" cap found for the most easterly southeast corner of said Covenant Health System tract bears South 1 °49'04" West, a distance of 576.14 feet; THENCE North 88°10'53" West, departing the said west line of Wausau Avenue, a distance of 797.27 feet to a point for corner; THENCE North 34015'37" West, a distance of 693.09 feet to a point for corner in the said southeast line of US Highway No. 82; from said point a 1/2-inch iron rod found in the said southeast line of US Highway No. 82 bears South 55044'20" West, a distance of 1,142.74 feet; THENCE North 55044'20" East, along the said southeast line of US Highway No. 82, at a distance of 832.31 feet passing a 1/2-inch iron rod found for the west corner of said Tract C and continuing in all a total distance of 1,461.99 feet to a point for corner at the beginning of a tangent curve to the right; said point being the west end of said right-of-way corner clip; from said point a 3/4-inch iron rod found bears South 40051'17" East, a distance of 1.05 feet; THENCE in a southeasterly direction, with the south line of said right-of-way corner clip and said curve to the right, having a central angle of 126004'43", a radius of 15.00 feet, an arc length of 33.01 feet and a long chord bearing and distance of South 61 °13'18" East, 26.74 feet to the POINT OF BEGINNING and containing 25.0254 acres or 1,090,106 square feet of land, more or less.