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HomeMy WebLinkAboutOrdinance - 2016-O0010 - Zone Case 3273 - 01/28/2016Reading ary 14, 2016 No. 7.8 Second Reading January 28, 2016 Item No. 6.8 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3273; A ZONING CHANGE FROM T TO C-4 SPECIFIC USE FOR A GOLF DRIVING RANGE AND ACCESSORY USES, ON 13.6 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 35, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; 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 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. 3273 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from T to C-4 Specific Use for a golf driving range and accessory uses, on 13.6 acres of unplatted land out of Block AK, Section 35, City of Lubbock, Lubbock County, Texas, located at 6716 6611, Street, 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 be tied to the proposed site plan, allowing for minor adjustments. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 40.03.3102 of the Codified Zoning Ordinance, which provides that a Building Permit shall be applied for and secured within thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in this case is the T zone district; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Section 40.03.3101- 40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 6716 661h Street, City of Lubbock, Lubbock County, Texas. SECTION 3. 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 4. 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 5. 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 January 14, 2016 Passed by the City Council on second reading on January 28, 2016 ATTEST: Reb ca Garza, City Secretary Zone Case No. 3273 page - 2 of 3 - 'Oe ••. • •• APPROVED AS TO CONTENT: �/ IZI/.. Andrew of Planning APPROVED AS TO FORM: Justin U ruitt, Assistant City Attorney vw/CityAtt/1 ustin/Zones/ZC 3273 December I, 2015 Zone Case No. 3273 page - 3 of 3 HUGO REED AND 1601 AVENUE N I LUBBOCK, LAND SURVEYORS CIVIL ENGINEERS ASSOCIATES, INC. TEXAS 79401 18061763-66471 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F460 TEXAS LICENSED SURVEYING FIRM 10067640 METES AND BOUNDS DESCRIPTION of an approximate 13.64 acre tract of land located in Section 35, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 35, Block AK, Lubbock County, Texas, for the Southeast comer of this tract which bears West an approximate distance of 1972.4 feet from the Southeast corner of Section 35, Block AK, Lubbock County, Texas; THENCE West, along the South line of Section 35, Block AK, an approximate distance of 423.3 feet to a point for the Southwest corner of this tract; THENCE N. 36006'00" W., an approximate distance of 546.3 feet to a point for the Northwest corner of this tract; THENCE N. 68020'19" E., an approximate distance of 152.5 feet to a point; THENCE N. 70°33'00" E. an approximate distance of 314.7 feet to a point for a corner of this tract; THENEC S. 76039'07" E. an approximate distance of 30.7 feet to a point for a corner of this tract; THENCE N. 69053'43" E. an approximate distance of 526.5 feet to a point; THENCE N. 72053'47" E. an approximate distance of 315.2 feet to a point for a corner of this tract; THENCE S. 22001'00" E. an approximate distance of 297.9 feet to a point for a corner of this tract; THENCE S. 57043'0T' W. an approximate distance of 306.6 feet to a point; THENCE S. 59°24'58" W. an approximate distance of 73.1 feet to a point THENCE S. 59025'00" W. an approximate distance of 358.2 feet to a point for a corner of this tract; THENCE South an approximate distance of 209.7 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT A SURVEY. November 10, 2015