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HomeMy WebLinkAboutOrdinance - 2016-O0178 - Zone Case 3297 - 12/15/2016First Reading December 1, 2016 Item No. 6.3 ORDINANCE NO. 2016-00178 Second Reading December 15, 2016 Item No. 7.2 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3297; A ZONING CHANGE FROM T TO C-3 ZONING DISTRICT ON 10.385 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 22, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 1986 Comprehensive Land Use Plan as amended is a guide to help the Lubbock Planning and Zoning Commission and 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 1986 Comprehensive Land Use Plan as amended, which protects 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 compiled 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 Ordinances 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. 3297 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 T to C-3 zoning district on 10.385 acres of unplatted land out of Block E-2, Section 22, City of Lubbock, Lubbock County, Texas located at South of 122"d Street and West of Indiana Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a proposed site plan and building elevations shall be reviewed by the Planning Commission prior to the issuance of a construction permit. 2. THAT each parcel or group of parcels between streets as illustrated on the preliminary plat for Hutton Place be limited to one curb cut on Indiana Avenue. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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, 2016 Passed by the City Council on second reading on Deeembe1_15.2016 ATTEST: ReGarza, City Secreta DANIEL M. OPE, MAYOR Zone Case No. 329' page - 2 of 3 APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Justin D. uitt, Assi slant City Attorney v w.r C i tyAtt/J us t i of Zon es/ZC3 2 97 November I, 2016 Zone Case No. 329' page - 3 of 3 wli�* AMD ENGINEERING, LLC Rezone to C-3 METES AND BOUNDS DESCRIPTION of a 2.612 acre tract of land located in Section 22, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the Southeast and beginning corner of this tract whence the Southeast corner of Section 22, Block E-2 bears S88°16'35"E, approximately a distance of 365.0 feet and SOI °47'47"W, approximately a distance of 689.7 feet; THENCE N88016'35"W, approximately a distance of 456.4 feet for the Southwest corner of this tract; THENCE N01043'25"E, approximately a distance of 249.3 feet to a point for the Northwest corner of this tract; THENCE S88016'35"E, approximately a distance of 456.7 feet to a point for the Northeast corner of this tract; THENCE SOI047'47''W, approximately a distance of 249.3 feet to the Point of Beginning and containing approximately 2.612 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Lubbock Land Company September 30, 2016 P:12015115107-S22BE2-HATTON PLACEISURVEYINGIFIELDNOTE DESCRIPTIONSI15107-S2280-2.612 ACRE ZONE CHANGE.doc 4rli�* AMD ENGINEERING, LLC Rezone to C-3 METES AND BOUNDS DESCRIPTION of a 7.773 acre tract of land located in Section 22, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the Southeast and beginning corner of this tract whence the Southeast corner of Section 22, Block E-2 bears S88°16'35"E, approximately a distance of 55.0 feet and SOI°47'47"W, approximately a distance of 1289.7 feet; THENCE N88016'35"W, approximately a distance of 260.0 feet to a point for the Southwest corner of this tract; THENCE NOI047'47"E, approximately a distance of 1306.6 feet to a point for the Northwest corner of this tract; THENCE S88°12' 16"E, approximately a distance of 10.1 feet to a point for a corner of this tract; THENCE S86010'33"E, approximately a distance of 150.2 feet to a point for a corner of this tract; THENCE S88016'42"E, approximately a distance of 69.9 feet to a point for the most Northerly Northeast corner of this tract; THENCE Southeasterly, along the arc of a curve to the right, an arc distance of approximately 44.1 feet to a point for the end of said curve to the right and for the most Easterly Northeast corner of this tract; said curve having a radius of 30.0 feet, a central angle of 84016'49", and a chord that bears S46°07'57"E, and a chord distance of approximately 40.3 feet; THENCE SOI 047'47"W, approximately a distance of 1274.1 feet to the Point of Beginning and containing approximately 7.773 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: Lubbock Land Company September 30, 2016 P:12015115107-S22BE2-HArTON PLACEISURVEYING1FIELONOTE DESCRIPTIONS05107-S22BE2-7,773 ACRE ZONE CHANGE.doc