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HomeMy WebLinkAboutOrdinance - 2020-O0074 - Zone Case 3408First Reading May 12, 2020 Item No. 7.12 ORDINANCE NO. 2020-00074 Second Reading May 26, 2020 Item No. 8.20 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAILING THE FOLLOWING CHANGES: ZONE CASE NO.3408; A ZONING CHANGE FROM R-1 TO R-2 ZONING DISTRICT AT 802 UPLAND AVENUE, LOCATED SOUTH OF 4rn STREET AND WEST OF UPLAND AVENUE, ON 77 ACRES OF UNPLATTEâť‘ LAND OUT OF BLOCK D6, 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 dLlly presented to the Planning and Zoning Commission fir 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 cliange 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 commitnients 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 Cade of ordinances, City of Lubbock. Texas, and the notices provided by the Texas i.ocal Government Code §211,007 (Vernon. 1990), and notice was duly published in the I..ubbock Avalanche -Journal more than liftccn (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and 111C public hearing according to said notice. was held in the C it} Council Chamber of the Municipal Building. Lubbock. Texas. at which time persons appeared in support of the proposal: and alter said hearing. it was by the City Council determined that it r.vould 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.3408 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 R-1 to R-2 zoning district at 802 Upland Avenue, located south of 41h Street and west of Upland Avenue, on 77 acres of unplatted land out of Block D6, 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 May 12, 2020 Passed by the City Council on second reading on May 26. 2020 ATTEST: Reb cca Garza. City Secret DANIEL M. POPE, MA' Zone Case No. 3408 Page - 2 APPROVED AS TO CONTENT: B t, irector of Planning APPROVED AS TO FORM: t Kelli Leisure, Assistant City Attorney vw/cit..n/Kciii/ZuncCacdZC340R April i. 2020 lone Case No. 3408 Page - 3 AMD ENGINEERING, LLC Rezone to R-2 METES AND BOUNDS DESCRIPTION of a 77-acre tract of land located in Section 1, Block D6, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point which bears S 3020' 18" W approximately 1,318.7 feet from the Northeast comer of Section 1, Block D6, Lubbock County, Texas; THENCE S 1 °43'9" E an approximate distance of 1322.2 feet; THENCE N 8807'58" W an approximate distance of 24.1 feet; THENCE N 1 °50'52" E an approximate distance of 345.5 feet; THENCE N 8809'8" E an approximate distance of 252.5 feet; THENCE S 1 050'53" W an approximate distance of 345.5 feet; THENCE N 88°9'8" W an approximate distance of 759.5 feet; THENCE N 87025'39" W an approximate distance of 1,564.3 feet; THENCE N 1 "41'35" E an approximate distance of 1,301.6 feet; THENCE S 88°9'8" E an approximate distance of 999.6 feet; THENCE S 88025'32" E an approximate distance of 320.4 feet; THENCE S 8809'40" E an approximate distance of 990.0 feet; THENCE S 88'0' 15" E an approximate distance of 290.8 feet to the Point of Beginning and containing approximately 77 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: 806 Land Group February 24, 2020