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HomeMy WebLinkAboutOrdinance - 2017-O0138 - Amending Zoning Ordinance 7084. Zone Case 2916-A - 10/26/2017First Reading October 26, 2017 Item No. 7.4 ORDINANCE NO. 201 7-00138 Second Reading November 2, 2017 Item No. 7.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 29l6~A; A ZONING CHANGE FROM C-3 AND T TO IHI ZONING DISTRICT ON 23.67 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 26, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 1986 Comprehensive Land Use Plan as amended is a guide to help the Lubbock Planning and Zoning Commission and 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 1986 Comprehensive Land Use Plan as amended, which protects 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 compiled 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 tifteen ( 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 Ordinances 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. 2916-A 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 and T to IHI zoning district on 23.67 acres of unplatted land out of Block AK, Section 26, City of Lubbock, Lubbock County, Texas located at 8312 and 8702 Upland Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the zone change shall be limited to three (3) curb cuts off Upland Avenue. SECTION 2. THAT violation of any prov1saons of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and Noll 00 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. SECT10N 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption ofthis Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on _ October 26,_ 2_Ql'-'-7 ______ _ Passed by the City Council on second reading on November 2, 2017 ATTEST: Zone Case No. 29/6-A page-2 of3 APPROVED AS TO CONTENT: APPROVED AS TO FORM: vw C1tyAttiJusun Lones lC2916-A October 5, 20 1 7 Zone Case No 2916-A page-3 of3 AMD ENGINEERING, LLC Rezone to IHI METES AND BOUNDS DESCRIPTION of a 23.67 acre tract of land located in Section 26, Block AK, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the Northeast and beginning comer of this tract, whence the Northeast corner of Section 26, Block AK bears N00°0l '54"E, approximately a distance of 700.9 feet; THENCE S00°0l '54"W, approximately a distance of 1940.8 feet to a point for the Southeast comer of this tract; THENCE S89°59' 1 O"W, approximately a distance of 530.9 feet to a point for the Southwest comer ofthis tract; THENCE N00°00' 50''E, approximately a distance of 1940.5 feet to a point for the Northwest comer of this tract; THENCE N8 9 ° 57' I T'E, approximately a distance of 53 1. 5 feet to the Point of Be ginning and containing approximately 23.67 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Mel Shook September 5, 2017 P :121l 17\ 17119-S 268AK-SHOOK PROPERTY\SURVEYI NG\FI ELDNDTE D ESC RIPTIONS117l19-S 26BAK·ZONE CHANGE TO IH Ldoc PRE PARED FOR MEL SHOOK DRAWN BY: JON CHECKED BY· AHL J08 NUMBER: l7119 82ND STREIT I ..C r----- • I 2 I I i L _____ ...~ ~TH ST1?fiT j ~--7: -~ I "' ~ I . ---:- 10 ~--~ I /; ~ P,O.B. N()l SUS '!J! .. ll(l) CC.rl'l 20IJ~•·tJu; J FIIOM nliS POINT, nlE NOimi!:AST CORNER Of" SECTION 211, BL.OCK N< 8£AAS N00'01'54"E. APPROXJI.CA'm.Y I A DISTANCE Or 700.9' SCAlE: 0 100' 200" 400' -- NOT SUP.!)ri!CGJ ~UA~! JJ-o/1, PACC 7)7 ZONE CASE SKETCH ON A 23 67 ACRE TRACT OUT OF SECTION 26, BLOCK AK. LUBBOCK COUNTY, TEXAS -- AMO E'l'lQII'lOaoog, LLC l&a7 1 •11'1 Svcet Sutle e lubboc;. TX 794:21 CIVIL ENGINEERING LAND SURVI!YJNO Phone WE!-771·S97e Ft-o~ Nl&.111·'7~2S