HomeMy WebLinkAboutOrdinance - 2001-O0003 - Amend No. 7084 And Map. Zoning Change From T To C-4 And C-4 Specific Use - 01/25/2001First Reading Second Reading
January 11, 2001 January 25, 2001
Item No. 19 Item No. 15
ORDINANCE NO. 2001-00003
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2896; A ZONING CHANGE FROM T TO C-4 AND
C-4 SPECIFIC USE FOR MINI WAREHOUSES ZONING ON TRACTS OF LAND
OUT OF THE NORTHWEST CORNER OF SECTION 30, BLOCK AK,
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 finds 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 29-29 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 the proposed
amendment, and the public hearing according to said notice, was duly 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 determined by the City
Council 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:
WHEREAS, the 1986 Comprehensive Land Use Plan 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 on is a minor deviation from the 1986 Comprehensive
Land Use Plan and attempt to protect public and private commitments that have been
previously based on the Plan; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO.2896
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from T to C-4 and C-4 Specific Use
for mini warehouses on a tract of land out of the northwest corner of
Section 30, Block AK City of Lubbock, Lubbock County, Texas, located
South of 66th Street and Quincy Avenue. Subject to the following
conditions and being further described as follows:
Tract B; Chan2e from T to C-4 specific use
A Tract of land located in Section 30, Block AK, Lubbock County,
Texas, being further described as follows:
BEGINNING at a %" iron rod found at the Northwest corner of this
tract which bears South a distance of 180.00 feet and East a distance
of 2,212.46 feet from the Northwest corner of Section 30, Block AK,
Lubbock County, Texas.
THENCE East a distance of 164.72 feet to a 3/8" iron rod found at the
Northeast corner of this tract;
THENCE S. 00001142" East a distance of 182.42 feet to a point of
curvature;
THENCE Southwesterly around a curve to the right, said curve
having a radius of 15.00 feet, a central angle of 90'01'4211, tangent
lengths of 15.01 feet, and a chord distance of 21.22 feet to a point of
tangency;
THENCE West a distance of 149.81 feet to a %" iron rod found at the
Southwest corner of this tract;
THENCE North a distance of 197.42 feet to the POINT OF
BEGINNING.
ALSO KNOWN AS:
Tract B, PECAN PLANTATION, a Subdivision out of Section 30,
Block A-K, Lubbock County, Texas.
SUBJECT TO THE FOLLOWING CONDITION:
1. That upon discontinuation of C-4 Specific Use for mini
warehouses the zoning on that parcel shall revert to C-4 subject to the
conditions described in Section 2.
SECTION 2. THAT Ordinance No. 7084 and the Official Zoning Map are amended
as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from T to C-4 on several tracts of
land located adjacent to 66th Street and Quincy (out of the northwest
corner of Section 30, Block AK), City of Lubbock, Lubbock County,
Texas, Subject to the following conditions and being further described
as follows:
Zone Case No. 2896
Page 2 of 9
Tract A-1, described as two portions:
Portion 1
Being a tract of land out of Section 30, Block A-K, Lubbock County,
Texas, described by metes and bounds as follows:
BEGINNING at a 3/8" iron rod found in the South R.O.W. line of 66"
Street for the Northwest and beginning corner of this tract, whence
the Northwest corner of Section 30, Block A-K, bears North, 40.0 feet
and West, 2212.46 feet;
THENCE South, a distance of 75.0 feet to a 3/8" iron rod set for the
Southwest corner of this tract;
THENCE East, a distance of 50.0 feet to a 3/8" iron rod set for the
Southeast corner of this tract;
THENCE North, a distance of 75.0 feet to a 3/8" iron rod set in the
South R.O.W. line of 661' Street for the Northeast corner of this tract;
THENCE West, along the South R.O.W. line of 66t' Street, a distance
of 50.0 feet to the Place of Beginning.
Portion 2
Being a tract of land out of Section Thirty (30), Block A-K, Lubbock
County, Texas, and being further described by metes and bounds as
follows:
BEGINNING at a point for the NW and beginning corner of this tract
from whence the NW corner of Section 30, Block A-K bears North
115' and West 2212.45' from the NW corner of this tract;
THENCE East 50' to the NE corner of this tract;
THENCE South 45' to the SE corner of this tract;
THENCE West 50' to the SW corner of this tract;
THENCE North 45' to the NW corner of this tract and Place of
Beginning.
Tract A-2
A tract of land out of Section 30, Block A-K, Lubbock County, Texas
and being more particularly described as follows:
BEGINNING at a found 3/8" iron rod in the South ROW line of 66'
Street for the Northwest and beginning corner of this tract, whence
the Northwest corner of Section 30, Block A-K, bears North 40.00 feet
and West 2262.46 feet;
Zone Case No. 2896
Page 3 of 9
THENCE East 60.0 feet to a 3/8" iron rod set for the Northeast corner
of this tract;
THENCE South 115.0 feet to a 3/8" iron rod, set for the Southeast
corner of this tract;
THENCE West 60.00 feet to a 3/8" iron rod, continuing for a total
distance of 115.0 feet to the PLACE OF BEGINNING.
Tract A-3
A tract of land out of and a part of Section 30, Block A-K, Lubbock
County, Texas, and more particularly described by metes and bounds
as follows:
Beginning at a point for the NW and beginning corner of this tract,
whence the NW corner of Section 30, Block A-K bears North 40 feet
and West 2322.46 feet;
THENCE East 39.66 feet to the P.C. of a curve to the right;
THENCE Southeasterly along the are of a curve to the right, an are
distance of 23.55 feet to the P.T. of said curve, said curve has a radius
of 15.00 feet, a central angle of 89°58'18" and a chord that bears
South 45°00151" East, 21.20 feet;
THENCE South 0'01'42" East, 100.0 feet to a point for the Southeast
corner of this tract;
THENCE West 54.71 feet to a point, for the Southwest corner of this
tract;
THENCE North 115.00 feet to the PLACE OF BEGINNING
Tract C-1
Tract C-1, Pecan Plantation (an unrecorded plat)
BEGINNING at a point for the northwest and beginning corner of
this tract, whence the northwest corner of Section 30, Block A-K,
Lubbock County, Texas, bears North 0'01'42" West 228.71 feet and
West 2437.09 feet;
THENCE South 0'01'42" East, a distance of 69.75' to a point for the
southwest corner of this tract;
THENCE East a distance of 193.71' to a point for the southeast
corner of this tract;
THENCE North 0'01'42" West a distance of 69.75' to a point for the
northeast corner of this tract;
THENCE West 193.71 feet to the PLACE OF BEGINNING
Zone Case No. 2896
Page 4 of 9
Tract C-2
A tract of land out of Section 30, Block AK, Lubbock County, Texas,
legally described as follows:
Beginning at a point for the NW corner of this tract, whence the NW
corner of Sec. 30, Block AK bears N. 0'01'42" W. 298.46' and W.
2437.09';
Thence S. 0°01'42" E. 62.50' to a point for the SW corner of this tract;
Thence E. 193.71' to a point for the SE corner of this tract;
Thence N. 0'01'42" W. 62.50' to a point for the NE corner of this
tract;
Thence W. 193.71' to the place of beginning.
Tract C
A tract located in the North Half of Section 30, Block A-K, Lubbock
County, Texas, being further described as follows:
BEGINNING at a 3/8" iron rod found which bears East 2437.09 feet
and S. 00'01'42" E., 360.96 feet from the Northwest corner of Section
30, Block A-K, for the Northwest corner of this tract;
THENCE East a distance of 193.71 feet to a 3/8" iron rod found at the
Northeast corner o this tract;
THENCE S. 00001'42"E. a distance of 62.00 feet to a %" iron rod set
for the Southeast corner of this tract;
THENCE West a distance of 193.71 feet to a %" iron rod set for the
Southwest corner of this tract;
THENCE N. 00001142"W. a distance of 62.00 feet to the Point of
Beginning.
Tract D, described as three portions•
Portion 1
FIELD NOTES ON A TRACT OF LAND OUT OF SECTION 30,
BLOCK AK, LUBBOCK COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A SET 3/8" IRON ROD, THE NORTHEAST AND
BEGINNING CORNER OF THIS TRACT, WHENCE THE
NORTHWEST CORNER OF SECTION 30, BLOCK AK BEARS
NORTH 437.42 FEET AND WEST 2427.31 FEET;
Zone Case No. 2896
Page 5 of 9
THENCE WEST 124.85 FEET TO A POINT OF CURVE TO THE
LEFT;
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT A
DISTANCE OF 23.56 FEET TO A POINT, SAID CURVE HAS
CENTRAL ANGLE OF 90 DEGREES, A RADIUS OF 15 FEET;
THENCE SOUTH A DISTANCE OF 98.71 FEET TO A POINT,
THE SOUTHWEST CORNER OF THIS TRACT;
THENCE EAST 139.85 FEET TO A SET 3/8" IRON ROD, THE
SOUTHEAST CORNER OF THIS TRACT AND THE
SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN
VOLUME 5199 PAGE 58, DEED RECORDS OF LUBBOCK
COUNTY, TEXAS;
THENCE NORTH 113.71 FEET TO THE PLACE OF BEGINNING.
(ALSO DESCRIBED AS THE WEST 139.85 FEET OF TRACT D
OF PECAN PLANTATION, AN UNRECORDED PLAT)
Portion 2
FIELD NOTES ON A TRACT OF LAND OUT OF SECTION 30,
BLOCK AK, LUBBOCK COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A SET 3/8" IRON ROD FOR THE NORTHWEST
AND BEGINNING CORNER OF THIS TRACT WHENCE THE
NORTHWEST CORNER OF SECTION 30, BLOCK AK BEARS
NORTH 437.42 FEET AND WEST 2532.31 FEET, SAID
BEGINNING POINT ALSO BEING THE NORTHEAST CORNER
OF A TRACT OF LAND DESCRIBED IN VOLUME 5199 PAGE 58,
DEED RECORDS OF LUBBOCK COUNTY, TEXAS;
THENCE EAST 98.71 FEET TO THE NORTHEAST CORNER OF
THIS TRACT;
THENCE SOUTH 0 DEGREES O1'42" EAST 113.71 FEET TO THE
SOUTHEAST CORNER OF THIS TRACT;
THENCE WEST 98.77 FEET TO THE SOUTHWEST CORNER OF
THIS TRACT AND THE SOUTHEAST CORNER OF A TRACT OF
LAND DESCRIBED IN VOLUME 5199 PAGE 58, DEED RECORDS
OF LUBBOCK COUNTY, TEXAS;
THENCE NORTH 113.71 FEET TO THE PLACE OF BEGINNING.
(ALSO DESCRIBED AS THE EAST 98.71 FEET OF TRACT D OF
PECAN PLANTATION, AN UNRECORDED PLAT)
Zone Case No. 2896
Page 6 of 9
Portion 3
Field notes on a tract of land out of Section 30, Block A-K, Lubbock County,
Texas and being more particularly described by metes and bounds as
follows:
BEGINNING at a set 3/8" iron rod, the Northwest and beginning corner of
this tract, whence the Northwest corner of Section 30, Block A-K bears North
437.42 feet and West, 2427.31 feet;
THENCE East 105.0 feet to a set 3/8" iron rod, for the Northeast corner of
this tract;
THENCE South, 113.71 feet to a set 3/8" iron rod, for the Southeast corner of
this tract;
THENCE West,105.0 feet to a set 3/8" iron rod, for the Southwest corner of
this tract;
THENCE North, 113.71 feet to the Place of Beginning
Tract 1-B
Being a tract of land located near the Northwest corner of the
Northeast V4 of a SECTION 30, BLOCK A-K, Lubbock County,
Texas, and being described by metes and bounds as follows:
BEGINNING at a 3/8" iron rod found set at a point which is East
300.00 feet and S. 00' 01' 42" E. 40.0 feet from the Northwest corner
of the NE/4 of Section 30 for the Northeast corner of a 2 acre tract
owned by Southwestern Public Service Company and for the most
Northern Northwest corner of this tract;
THENCE S. 000 01' 42" E. 290.4 feet to a 3/8" iron rod found at the
Southeast corner of said 2 acre tract for an interior corner of this
tract;
THENCE West 300.0 feet to a 3/8" iron rod found set in the West line
of the NE/4 of Section 30 for the Southwest corner of the said 2 acre
tract and for the most Western Northwest corner of this tract;
THENCE S. 000 01' 42" E. along West line of the NW/4 of Section 30,
a distance of 268.06 feet to a '/" square metal tube set for the
Southwest corner of this tract;
THENCE East, parallel to the North line of Section 30, a distance of
624.0 feet to a `/2" square metal tube set for the Southeast corner of
this tract;
THENCE N. 000 01' 42" W. 558.46 feet to a V2" square metal tube set
40.0 feet South of the North line of Section 30 for the Northeast corner
of this tract;
Zone Case No. 2896
Page 7 o f 9
THENCE West 324.0 feet to the Place of Beginning.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. All permitted C-4 uses except:
(11) Billboards
(14) Bus Station
(16) Candy Plant
(18) Commercial private clubs and teenage clubs
(20) Dance Hall (no mixed alcoholic beverage sales permitted).
(24) Furniture Store, Used (All merchandise must be in a
building).
(25) Game room, pool, billiard and/or domino parlor.
(30) Hotel or Motel
(31) Hot tamale plant
(37) Lumber Yard with no mill. All materials must be in a
building.
(39) Mobile home sales
(41) Motor cycle shop, including sales, rentals and service.
(43) Nightclub, bar or lounge.
(56) Secondhand goods store or pawnshop.
(57) Secondhand or used car sales lot, not including wrecking
and repairing, but including minor tuning.
SECTION 3. 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 29-31 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.
Zone Case No. 2896
Page 8 of 9
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 11th day of January , 2001.
Passed by the City Council on second reading this 25th day of January , 2001.
ATTEST:
Becky Garza, Interim City Secretary
AP-7ED AS TOCONTENT:
IRndy Henson enior Planner
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney,
Office Practice Section
LLC:cp/ZC2896.ORD
ccdocs/01 /02/01
cSITT ,' MAYOR
Zone Case No. 2896
Page 9 of 9