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HomeMy WebLinkAboutOrdinance - 2024-O0116 - Zone Case 3507, Mountain Top Engineering For CTJ Diamond Investments, LLC - 09/10/2024First Reading August 27, 2024 Item No. 7.6 Second Reading September 10, 2024 Item No. 5.28 ORDINANCE NO. 2024-00116 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3507; A ZONING CHANGE FROM SF-2 TO AC ZONING DISTRICT AT 7108 82ND STREET, LOCATED NORTH OF 82ND STREET AND EAST OF UPLAND AVENUE, ON 1.01 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 30, 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, 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: ZONE CASE NO.3507 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 AC zoning district at 7108 82°a Street, located north of 82"d Street and east of Upland Avenue, on 1.01 acres of unplatted land out of Block AK, Section 30, 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 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 August 27, 2024 Passed by the City Council on second reading on September 10, 2024 AT ST: Courtney Paz, City Secret APPROVED AS TO CONTENT: Kr sten Sager, D ect n of Planning APPROVED AS TO FORM: r elli Leisure, Senior Assistant City Attorney vw/cityatt[Kel l i/ZoneCase/ZC3 507 August 1, 2024 MARK W. MCBRAYER, Nf&YOR Zone Case No. 3507 Page - 2 FINAL PLAT Not Platted T r c c t A, D.rW,: weer d2M Z.MLL5tre� P1.J1 A T A D O R PLAZA, Stw.ge . C CYJTI 2DOB0]1826 an Addition to the City of Lubbock, 1107121 t20_ft, u Lubbock County, Texas on rO n N Tract A Lot 1 g Kids Are Cool Plot V. 9011. P. 32, Not Platted Poe SE Creer Piet Les'. Owmn W..1 82nd Street Lot 1, KWs AreCool Addillon Storage Zane, LAL CCFN 200g031826 E:91070e.98 10' Undeground FoellOaa .. 10 yAE Norte D.dkola0 .. Easement Y. 14a3, P, 50 (SKBT) 5Dedicated by Plot V. 9011, P. 32e — — — — _ — — NB9'07'5S1Y 120,H9' 82nd Street S' Nreln Iraeed a3' R-O-w Co.ement Street V. 1112, P. sqe S-1, Use Seekers 30, Block AK Nanh Una 5ZWi V. 81ck AK South 55' V, 6300. P. 270 ri61r FA t� »/1� �N a� U NMM B, Oki EM M® 9 ffz_ r LEGEND a Td. 1/2" Rod etch Yd1ow Lop 33E Fd. 'X" Is Concrete An found mw,m.nt. era Ph ioel ..-moms of Record Ognity 11a G� � APProwd;H day. Okeelw at Ioea ray, w d"r.., eSl�e City .1 Lobbec" iexae Qo O 41.4 Director of Planning Fo Sed1.1 i" . 56 CONTAINS 1.00 ACRES WIMIN THE PLAT UWTS 1. "Heavy tubes indicale plat limits: ; 2. "Allstreels,alleys,and easementswithIs plat llmXs are herein dedicated unless noted othemoe'; 3. "No building permit shall be itw.d on any survey mnificate that is not in accordance with an approved Final Plat and mff4st1ucture and final drainage a wtvsis ...Bit— by the Lubbock Code of Ordinances-; 4. "All utility service shall be In accordance wlththe Underground Ut@ties Pohey Statement by the Planning and Zoning Commission of the City of Lubbock, Tens and the provisions of Article 37.01 of the Lubbock Code of Ordinances'; S. "All existing or propmed utility services to and on trans Indicated by this plat shall be contained In the public nght..I. Way and pubkc or private ut8ny easements. Utility service installation requested at a future date and not within an easement indicated by this plat, shall be wnhin a proper utility easement granted by the owner 01 said property by separate recorded Instrument prior to the pr-i,ion of such service. Such .... mera, shall be at the expense of the emitY requesting such Ins1a11e4on' 6. 'All easements her in granted shall entitle the City or the utility company uvrlg such easements to Lim right to remove, repair or replace any lines, pipes, conduits, or poles within such easements as may be determined by the city or utility tympany without the city or utility tympany being responsible or Noble for the roPlacement of Improvements, Pavleg, orsurfacing of the easement nec,ollm of by such repair, removal, or raPlxemenl. Easements designated or intended for vehicular p.nage futility and emergency) re pedestrian uc shall not be fenced or otherwise obstructed"; and 7. "Minimum floor elevations shall conform to the requirements of the Lubbock Drainage Cntena Manual, as adopted by Ord. 10022, as amended, and Section 28 09 131, Section 28.14011e, and Section 30.03 073 of the Lubbock Lode of Ordinances.' TPE - TRANSFORMER PAD EASEMENT UUE - UNOERGROUNU UnLITY EASE)ASNT W- - Wetar Lin. E...m.nt CCFN - LUBB0O( COt1NTY CLERK FILE NUMBER Survey Control: BewWV, and rN,dinmoe e, we bond on the Two, North Control Zone Cowdlnot. Slet—. NAD 83. Di.tence. we -,f.ce 11-n— M.S. Survey F..E KNOW ALL MEN BY THESE PRESENTS Thot 1, JONATHAN MARK OESZIMWJ. Re latred P afee.fond Lend Surrelar do hereb rllfy that I Prepared mla Pi Mom Coto., and .e ,s trey o�the land one the monuments site- Ihereon p pent, yylaved ender yy e era.nol vvpeMGlon in ac ordonce etch the SubdM,fe Reguloe,on, of lh City al Lueb.0 , T..ov. e REOSTEREO PROFESSONAL LANo SURWYOa, / 446a LUEIHOCK, TEXAS Jun. 17. 2024 Prepared far: Salyer Nome, PMP # 112 Lubbock, TX 79424 806-928-0419 Shone8wil yerhomes.com by the St OORI1NATETVmhVAs1*dcf P a%Paa AN1604,ef5 Plat, Add uwq. WIN20744:1020 PM 17 GTo Mf NJ