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HomeMy WebLinkAboutOrdinance - 2011-O0102 - Amending Zoning Ordinance 7084. Zone Case 2995-L Health Club - 10/27/2011First Reading Octobe r 27 , 2011 Item No . 6 . 4 ORDfNANCE NO. 2011-00102 Second Reading November 3, 2011 Item No . 5 .20 AN ORDINANCE AMENDfNG ZONING ORDINANCE NO. 7084 AN D THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2995-L; A ZONING CHANGE FROM A-2 TO GO AND C-2A ZONING DISTRI CT LIM ITED TO A HEALTH CLUB, ON 5.853 ACRES OF UNPLA TTED LAND OUT OF BLOCK AK, SECTION 29, LUBBOCK, TEXAS; PROVIDING A PENAL TY; PROVIDING A SAVINGS CLAUSE AND PROVIDING f-OR PUB LI CA TrON. WHEREAS, the proposed changes in zoning as hereinafter made have been dul y presented to the Planning and Zoning Commi ssion fo r its recommendation whi ch 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 ,,velfare 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 Ci ty Council determine the phys ical development o f the community; however, planning is a continuous process and change is inevitable; and WHEREAS, the Lubbock Planning and Zo ning Commission and City Council recogni ze that the zone change is a minor deviati on from the 1986 Comprehensive Land Use Plan as amend ed, which protects public and private commitments that have been previously based on the Plan; and WH EREAS, 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 §2 I 1.007 (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 or the Municipal Bui lding, 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 wo uld be in the public interest, due to changed conditions, that the Zoning Ordinance and th e Zonin g Map be amended in the manner hereinafter set forth in the body or thi s Ordinance and thi s Ordinance hav ing been introduced prior lo first reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LU BBOCK: ZONE CASE NO. 2995-L SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are amended as fo llows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from A-2 to GO on a parcel described in Attachment B and C-2A zoning district limited to a health club on a parcel described in Attachment A on 5.853 acres of unplatted land out of Block AK, Section 29, City of Lubbock, Lubbock County, Texas, located between 71 st Street and 72nd Place and northeast of Kewanee Avenue: 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 _____ 0c_t_o_b_e_r_2_7_,_2_0_1 _l ___ _ Passed by the City Council on second reading on ____ No_v_e_m_b_e_r_3---',=---2_0_1_1 __ _ ATTEST: TOM MARTIN, MAYOR Zone Case No.2995-l page-2 of 3 APPROVED AS TO CONTENT: of Planning APPROVED AS TO FORM: w~ Chad Weaver Assistant City Attorney vw/CityAtt/Chad/7.oncs/ZC2995-L October 6, 2011 Zone Case No.2995-L page -3 of 3 Ordinance No . 2011-00102 AMD ENGINEERING, LLC Rezone to "C-2A" METES AND BOUNDS DESCRIPTION of a 2.139 acre tract of land located in Section 29, Block AK, Lubbock County, Texas; prepared for Zone Change Purposes only and being further described as follows: BEGINNING at the south corner of the subject tract which bears N 44°56 '58" Wan approximate distance of 418. 75 feet from west property comer of Tract A, Bacon Crest which is in the north ROW of Kewanee Avenue, of which the south west comer of Section 29, Block AK bears S 21 ° 14' 15" W an approximate distance of 3530.00; THENCE N 44°56'58" W along the north ROW the proposed Kewanee Avenue an approximate distance of 321.25 feet; THENCE N 00°03 '02" E an approximate distance of 21.21 feet; THENCE N 45°03'02" E along the south ROW of the proposed 71" Street an approximate distance of 262.40 feet; THENCE S 44°57'20" E an approximate distance of336.22 feet; THENCE S 45°02'40" Wan approximate distance of 277.43 feet to the Point of Beginning and containing approximately 2.139 acres. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan September 12, 20 I I 2807 74th SLreet, Suite 8 Lubbock, TX 79423 amd(a),arndeng.corn www.amdcng.com ZONE CASE NO. 2995-L EXHIBIT A Phone: (806) 771-5976 fax: (806) 77 1-7625 Ordinance No . 2011-00102 AMD ENGINEERING, LLC Rezone to Garden Office METES AND BOUNDS DESCRIPTION ofa 3.714 acre tract of land located in Section 29, Block AK, Lubbock County, Texas; prepared for Zone Change Purposes only and being further described as follows: BEGINNING at the south comer of the subject tTact which bears N 44°56'58" Wan approximate distance of2l6.00 feet from west property corner ofTract A, Bacon Crest which is in the north ROW of Kewanee Avenue, of which the southwest comer of Section 29, Block AK bears S 21 ° 14' 15" Wan approximate distance of 3530.00; THENCE N 44°56'58" W along the north ROW the proposed Kewanee Avenue an approximate distance of 202. 75 feet; THENCE N 45°02'40" E an approximate distance of277.43 feet; THENCE N 44°57'20" Wan approximate distance of 336.22 feel; THENCE N 45°03'02" E along the south ROW of the proposed 71st Street an approximate distance of J 83.20 feet; THENCE S 44°56'58" E an approximate distance of 554.0 I feet; THENCE S 45°03'02" Wan approximate distance of 445.60 feet; THENCE N 89°56'58" Wan approximate distance of21.2 1 feet to the Point of Beginning and containing approximately 3.714 acres. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: George McMahan September 12, 20 I I 2807 74'11 Street, Suite 8 Lubbock, TX 79423 an 1d(li)a mdeng. com W\VW .amdeng.com ZONE CASE NO. 2995-L EXHIBIT B Pho ne: (806) 771 -5976 f ax: (806) 771-7625