HomeMy WebLinkAboutOrdinance - 2013-O0104 - Zone Case 3212 - 10/24/2013Fist Reading Second Reading
October 24, 2013 November 7, 2013
Item No. 6.6 Item No. 6.4
ORDINANCE NO. 2013-00104
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3212; A ZONING CHANGE FROM T TO C-4
ZONING DISTRICT LIMITED TO A GREENHOUSE AND C-2A USES, ON 6
ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 20, 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 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.3212
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-4 zoning district limited to a
greenhouse and C-2A uses on 6 acres of unplatted land out of Block AK,
Section 20, City of Lubbock, Lubbock County, Texas, located at 6017, 6019,
6021, 6023, 6025, and 6051 1141h Street, subject to conditions, and being further
described as follows:
METES AND COUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the C-2A uses shall be limited to the following:
a. (10) Churches.
b. (15) Day nurseries.
c. (25) Health or athletic club, with not over three thousand (3,000)
square feet of total floor area.
d. (30) Offices (Professional or medical only).
e. (37) Restaurants - When designed for service and consumption
of food inside the building except outside dining areas/patios shall be
permitted as defined in section 29-3(97.1.2) [40.01.003(138).
2. THAT a seven (7) foot chain link fence lined with pine trees shall be
allowed and permanently maintained in lieu of a typical screening fence.
SECTION 2. 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 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.
Zone Case No. 3212
page - 2 of 3
AND IT IS SO ORDERED.
Passed by the City Council on first reading on October 24, 2013
Passed by the City Council on second reading on November 7.2013
ATTEST:
Reb ca Garza, City Secret
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
m/CityAtt/Cbad/Zones/ZC3212-Amended
October 8,2 013
GLE C. R6BtRfsoN, MAYOR
NyTog
Zone Case No. 3212
page - 3 of 3
Ordinance No. 2013-00104
The subject property consists of six 1-acre tracts of land, as follows:
ID The east 1.0 acre tract of land out of a 2.0 acre tract of the Northeast 1/4 of
Section 20, Block A-K, Lubbock County, Texas, which 2.0 acre tract of land is
more particularly described as follows:
BEGINNING at a railroad spike found in the centerline
of a paved County Road, the Northwest corner of an
adjacent 5.00 acre tract and the Northeast and
beginning corner of this tract, whence the Northeast
corner of said Section 20 bears East a distance of
2376.00 feet;
THENCE South at a distance of 50.00 feet pass a found
3/8" iron rod, continuing for a total distance of
330.00 feet to a found 3/8" iron rod at the Southwest
corner of said adjacent 5.00 acre tract for the
Southeast corner of this tract;
THENCE West at a distance of 264.00 feet to a 3/8"
iron rod set for the Southwest corner of this tract;
THENCE North at a distance of 280.0 feet pass a 3/8"
iron rod set at the South line of said County Road,
continuing for a total distance of 330.00 feet to a
railroad spike set in the centerline of said paved
County Road for the Northwest corner of this tract;
THENCE East at a distance of 264.00 feet along the
centerline of said County Road to the PLACE OF
BEGINNING;
A 1.0 acre tract of land out of the Northeast 1 /4 of Section 20, Block A-K,
Lubbock County, Texas, being more particularly described as follows:
BEGINNING at a bridge spike, set in the North line of
Section 20, for the Northeast and beginning corner of
this tract, whence a railroad spike, found at the
Northeast corner 'of Section 20 bears. East, 2244.0
feet;
THENCE South, at 50.0 feet pass a '-i" iron rod, set in
the South line of 114th Street, continuing for a total
distance of 330.0 feet to a 'i" iron rod, set for the
Southeast corner of this tract;
THENCE West, 132.0 feet to a 3/8" iron . rod, found for
the Southwest corner of ti-is tract;
THENCE North, at 280.0 feet pass a 3./8" iron rod,
found in the South line of 114th Street, continuing for
a total distance of 330.0 to a railroad spike, found
in the North line of Section 20, for the Northwest
corner of this tract;
THENCE East, along the North line of Section 20, and
along 114th Street, 132.0 feet to the POINT OF
BEGINNING;
A 1.0 acre tract of land out of the Northeast 1/4 of Section 20, Block A-K
Lubbock County, Texas, being more particularly described as follows:
BEGINNING at a bridge spike, set in the North line of
Section 20, for the Northeast and beginning corner of
this tract, whence a railroad spike, found at the
Northeast corner of Section 20 bears, East, 2112.0
feet;
THENCE South, at 50.0 feet pass a 1-i" iron rod, set in
the South line of 114th Street, continuing for a total
distance of 330.0 feet to a ;i" iron rod, set for the
Southeast corner of this tract;
THENCE West, 132.0 feet to a 1,i" iron rod found for the
Southwest corner of this tract;
THENCE North, at 280.0 feet pass a '-�" iron rod, found
in the South line of 114th Street, continuing for a
total distance of 330.0 to a railroad spike, found in
the North line of Section 20, for the Northwest corner
of this tract;
THENCE East, along the North line of Section 20, and
along 114th Street, 132.0 feet to the POINT OF
BEGINNING.
A 1.0 acre tract of land out of the Northeast 1/ of
Section 20, Block A-K, Lubbock County, Texas, being
more particularly described as follows:
BEGINNING at a bridge spike, set in the North line of
Section 20, for the Northeast and beginning corner of
this tract, whence a railroad spike, found at the
Northeast corner of Section 20 bears East, 1980.0 feet;
THENCE South, at 50.0 feet pass a %" iron rod, set in
the South line of 114th Street, continuing for a total
distance of 330.0 feet to a I' iron rod, set for the
Southeast corner of this tract;
THENCE West, 132.0 feet to a M" iron rod, set for the
Southwest corner of this tract;
THENCE North, at 280.0 feet pass a '-i" iron rod, set in
the South line of 114th Street, continuing for a total
distance of 330.0 feet to a bridge spike, set in the
North line of Section 20, for the Northwest corner of
this tract;
THENCE East, along the North line of Section 20, and
along 114th Street, 132 feet to the POINT OF BEGINNING
A 1.0 acre tract of land out of the Northe
ast 4 of
Section 20, Block A-K, Lubbock County, Texas, being
more particularly described as follows:
BEGINNING at a bridge spike, set in the North line of
Section 20, for the Northeast and beginning corner of
this tract, whence a railroad spike, found at the
Northeast corner of Section 20 bears East, 1848.0 feet;
THENCE South at 50.0 feet pass a ',�" iron rod, set in
the South line of 114th Street, continuing for a total
distance of 330.0 feet to a ',i" iron rod, set for the
Southeast corner of this tract;
THENCE West, 132.0 feet to a 14" iron rod, set for the
Southwest corner of this tract;
THENCE North, at 280.0 feet pass a '-�" iron rod, set in
the South line of 114th Street, continuing for a total
distance of 330.0 feet to a railroad spike, set in the
North line of Section 20, for the Northwest corner of
this tract;
THENCE East, along the North line of Section 20, and
along 114th Street, 132.0 feet to the POINT OF
BEGINNING.
A 1.0 acre tract of land
out of the Northeast 1--4 of
Section 20, Block A-K, Lubbock County, Texas, bein
more particularly described as follows: g
BEGINNING at a railroad spike, found in the North line
of Section 20, for the Northeast and beginning corner
of this tract, whence a railroad spike, found at the
Northeast corner of Section 20 bears East, 1716.0 feet;
THENCE South, at 50.0 feet pass a 3/8" iron rod, found
in the South line of 114th Street, continuing for a
total distance of 330.0 feet to a 3/8" iron rod, found
for the Southeast corner of this tract;
THENCE West, 132.0 feet to a 2,1" iron rod, set for the
Southwest corner of this tract;
THENCE North, at 280.0 feet pass a 3,1" iron rod, set in
the South line of 114th Street, continuing for a total
distance of 330.0 feet to a bridge spike, set in the
North line of Section 20, for the Northwest corner of
this tract;
THENCE East, along the North line of Section 20 th , and
along 114Street, 132.0 feet to 'the POINT OF
BEGINNING;