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HomeMy WebLinkAboutOrdinance - 2024-O0105 - Zone Case 2538-MM, K-9 Kennels - 08/13/2024First Reading July 23, 2024 Item No. 7.2 Second Reading August 13, 2024 Item No. 6.32 ORDINANCE NO. 2024-00105 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2538-MM; A ZONING CHANGE FROM SF-2 TO HC ZONING DISTRICT AT 1607 AND 1715 ALCOVE AVENUE, LOCATED NORTH OF 19TH STREET AND EAST OF ALCOVE AVENUE, ON APPROXIMATELY 6.1 ACRES OF UNPLATTED LAND OUT OF BLOCK D-6, SECTION 1, 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 39.07.007 of the Unified Development Code, 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: SECTION 1. THAT Ordinance No. 2023-00054 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 39.07.032 of the Unified Development Code of the City of Lubbock from SF-2 to HC zoning district at 1607 and 1715 Alcove Avenue, located north of 1911 Street and east of Alcove Avenue, on approximately 6.1 acres of unplatted land out of Block D-6, Section 1, 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 No1100 Dollars ($2,000.00) as provided in Section 39.09.004 of the Unified Development Code 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 July 23, 2024 Passed by the City Council on second reading on August 13, 2024 ATTEST: Courtney Paz, City Secretary ARK W. MCBRAYER, MA AY'O�R Zone Case No.2538-MM Page - 2 APPROVED AS TO CONTENT: Kris en gaic7r, Director Planning APPROVED AS TO FORM: " k,.- e K Ili Leisure, Senior Assistant City Attorney vw/cityatt/Kel I i/ZoneCase/ZC2538-M M July 8, 2024 Zone Case No.2538-MM Page - 3 Exhibit "A" AMD" AMD ENGINEERING, LLC DESCRIPTION FOR A ZONE CHANGE REQUEST IN SECTION 1, BLOCK 136, LUBBOCK COUNTY, TEXAS (Sheet 1 of 2, Sketch of tract attached as Sheet 2) METES AND BOUNDS DESCRIPTION of a 6.05-acre tract of land located in Section 5, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point that bears S 05' 00' 37" W an approximate distance of 779.51 feet to the southeast corner of Section 1, Block 136; THENCE N 01 ° 51' 55" W an approximate distance of 553.16 feet; THENCE S 870 20' 53" E an approximate distance of 477.19 feet; THENCE S 010 24' 51" E an approximate distance of 545.94 feet; THENCE S 880 12' 51" W an approximate distance of 481.44 feet to the Point of Beginning and containing approximately 6.05-acres. This description was prepared for the purposes of a zoning request and does not represent a survey made upon the ground. Prepared for: Sheri Gray June 24, 2024 41414, 1S POINT, THE SOUTHWEST OF SECTION 1. BLOCK D8 BEARS I � I IS87 20' WE 477.19' I_ 6.05 ACRES I� Ip N INW I I I I 1r 51'W 481.44' 1,_RRoom -� NSA, i I I 2b I �„RJI1i IMEMENEROM ■■■■m!l■■pm VICINITY MAP SCALE: 1"=250' NOT TO SCALE 0 125' 2W 50o, ✓ BLOCK DB BLOCK: Do SECTION:2 SECTION:1 BLOCK: AK BLOCK. AK — — — — — — — — — — SECTION:ION 41 SECT; 42 — I