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HomeMy WebLinkAboutOrdinance - 2016-O0036 - Zone Case 3279 - 03/10/2016First Reading February 25. 2016 Item No.6.9 ORDINANCE NO.2016-00036 Second Reading March 10.2016 Item No.6.11 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:ZONE CASE NO.3279;A ZONING CHANGE FROM T,C-3,AND A-2 TO A-2 SPECIFIC USE FOR APARTMENTS.ON 11.3 ACRES OF UNPLATTED LAND OUT OF BLOCK AK,SECTION 22,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 IIIEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.3279 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change oi'zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from T, C-3 and A-2 to A-2 Specific Use for apartments on 11.3 acres of unplatted land out of Block AK,Section 22,Cit\ of Lubbock. Lubbock County. Texas, located at 9901 Upland Avenue,subject to conditions,and being further described as follows: METES AND BOUNDS DESCRIPTION:Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITION: 1. THAT the zone change be tied to the proposed site plan with the ability of staff to approve minor modifications. 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, C-3 and A-2 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 9901 Upland Avenue, 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 February 25, 2016 Passed by the City Council on second reading on March 10, 2016 ATTEST: Reb cca Garza, City Secrelu Zone Case No. 3279 page - 2 of 3 APPROVED AS TO CONTENT: fir.✓ �� Andrew Paxton, Director of Planning G\l9MUM aWMv1101[47NuI Justin D. Prui Assis ant Cif Attorney vw/CityAtt/Justin/Zones/ZC3279 Febmary 4, 2016 Zone Case No. 3279 page -3of3 �... I' 01. HUGO REED AN O 1601 AVENUE N I LUBBOCK. PROPOSED A-2 ZONING ASSOCIATES, INC. TEXAS 79401 1 8061763-56421 FAX 8061763-3091 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of an approximate 11.3 acre tract of land located in Section 22, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of Section 22, Block AK for the Northwest corner of this tract which bears S. 01"51'02" W. an approximate distance of 580.0 feet from the Northwest corner of Section 22, Block AK, Lubbock County, Texas; THENCE S. 88"00'44" E. an approximate distance of 900,0 feet to a point in the West line of a 20 foot alley for the Northeast corner of this tract; THENCE S. 01 "51'02" W., along said 20 foot alley, an approximate distance of 545.00 feet to a point for the Southeast corner of this tract; THENCE N. 88000'44" W. an approximate distance of 900.0 feet to a point in the West line of said Section 22, Block AK for the Southwest corner of this tract; THENCE N. 01051'02" E., along the West line of said Section 22, Block AK, an approximate distance of 545.0 feet to the Point of Beginning. January 8, 2016 PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT A SURVEY.