HomeMy WebLinkAboutOrdinance - 2018-O0019 Zone Case 3336 - Amending Zoning Ordinance No. 7084 - 01/25/2018First Reading
January 25, 2018
Item No. 7.4
Second Reading
February 8, 2018
Item No. 7.5
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3336; A ZONING CHANGE FROM T TO C-3
SPECIFIC USE FOR A PUBLIC UTILITY INSTALLATION, ON 6.6 ACRES OF
UNPLATTED LAND OUT OF BLOCK AK, SECTION 26, NORTH OF 98TH
STREET AND WEST OF UPLAND AVENUE, 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.3336
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-3 Specific Use for a public
utility installation on 6.6 acres of unplatted land out of Block AK, Section 26,
North of 98" Street and West of Upland Avenue, City of Lubbock, Lubbock
County, Texas, located at 9506 Upland 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 ground equipment shall be screened by a screening fence; and
2. THAT the property shall have landscaping to mitigate any negative
visual impact; and
3. THAT the property shall be tied to the proposed site plan.
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 9506
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 No1100 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.
I' Passed by the City Council on first reading on January 25. 2018
Passed by the City Council on second reading on February 8, 2018
U-'� -
DANIEL M. POPE, MAYOR
Zone Case No. 3336
page - 2 of 3
ATTEST:
I c) I—att4-4'— Rebt
Garza, City Secreta y
APPROVED AS TO CONTENT:
I
Lata Krishnarao, Interim Director of Planning
APPROVED AS TO FORM:
vw.'CityAtt/Justin.fzones: ZC3336
January 9, 2018
Zone Case No. 3336
page -3of3
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N / LUBBOCK, TEXAS 79401 / 8061763.5642 / FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT "A"
Proposed C-3 (Specific Use) Zoning
METES AND BOUNDS DESCRIPTION of an approximate 6.6 acre tract of land located in Section 26, Block AK, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the South line of Section 26, Block AK, Lubbock County, Texas, for the most Southerly Southeast
corner of this tract which bears N. 88010'07" W. an approximate distance of 658.8 feet from the Southeast comer of Section 26,
Block AK;
THENCE N. 88°10'07" W., along the South line of said Section 26, Block AK, an approximate distance of 430.0 feet to a point
for the Southwest comer of this tract:
THENCE N. 01 °52'47" E. an approximate distance of 545.0 feet to a point for the Northwest corner of this tract;
THENCE S. 88'10'07" E. an approximate distance of 1088.8 feet to a point in the East line of said Section 26, Block AK, for the
Northeast corner of this tract;
THENCE S. 01 °52'47" W., along the East line of said Section 26, Block AK, an approximate distance of 80.0 feet to a point for
the most Easterly Southeast corner of this tract;
THENCE N. 88°10'07" W. an approximate distance of 658.8 feet to a point;
THENCE S. 01 052'47" W. an approximate distance of 465.0 feet to the Point of Beginning.
Contains 346,290 square feet
PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT AN ACTUAL SURVEY.
Prepared for South Plains Electric Co-op
November 28, 2017
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