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HomeMy WebLinkAboutOrdinance - 2019-O0174 - Zone Case 3257-J - 12/17/2019 First Reading Second Reading December 3, 2019 December 17,2019 Item No. 8.6 Item No. 7.3 ORDINANCE NO. 2019-00174 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3257-J; A ZONING CHANGE TO R-2 FROM R-1 SPECIFIC USE ZONING DISTRICT AT 13502 UNIVERSITY AVENUE, LOCATED NORTH OF 137TH STREET AND WEST OF UNIVERSITY AVE, ON 9.2 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, 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 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. 3257-J 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 to R-2 from R-1 Specific Use zoning district at 13502 University Avenue, located north of 137'1 Street and west of University Ave, on 9.2 acres of unplatted land out of Block AK, 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 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 December 3, 2019 Passed by the City Council on second reading on December 17, 2019 -k"41V DANIEL M. POPE, MAYOR ATTEST: Reecca arza, City Se n y Zone Case Afo.3257-J page, -2of2 APPROVED AS TO CONTENT: Bryan Isham, erector of Planning APPROVED AS TO FORM: J Kel i Leisure, Assistant City Attorney vw/cityatt/Kel li/ZoneCase/W3257-J November 7,2019 Zane Case No.325 7-J page - 3 v f 2 zt. .} HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N 1 LUBBOCK,TEXAS 79401 1 8061763-5642 1 FAX 806/763-3891 i+j, �t TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 h LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" PROPOSED R-2 ZONING METES AND BOUNDS DESCRIPTION of a 9.2 acre tract of land located in Section 1, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northeast corner of this tract which bears S. 0151'21"W. an approximate distance of 1361.6 feet and N. 88°07'53"W. an approximate distance of 380.0 feet from the Northeast corner of Section 1, Block AK, Lubbock County, Texas; THENCE S. 01°51'21"W. an approximate distance of 861.7 feet to a point for the Southeast corner of this tract; THENCE N. 8807'53"W. an approximate distance of 465.2 feet to a point for the Southwest corner of this tract; THENCE N. 01°51'21" E. an approximate distance of 861.7 feet to a point for the Northwest corner of this tract; THENCE S. 88°07'53" E. an approximate distance of 465.2 feet to the Point of Beginning. Contains: Approximately 9.2 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.