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Ordinance - 2013-O0117 - Zone Case 3217 - 11/21/2013
First Reading Second Reading November 21, 2013 December 12, 2013 Item No. 6.6 ORDINANCE NO. 2013-00117 Item No. 5.21 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3217; A ZONING CHANGE FROM T TO AM SPECIFIC USE, ON 4.0 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 16, 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, 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.3217 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 AM Specific Use on 4.0 acres of unplatted land out of Block E-2, Section 16, City of Lubbock, Lubbock County, Texas, located at 10202 and 10210 Quaker 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 the zone change be tied to the proposed site plan including parking ratios as indicated and an eight (8) foot screening fence on the west property line, with the ability for some minor modifications. 2. THAT the site plan shall be reviewed by the Planning and Zoning Commission for approval should a major change be required on the site. 3. THAT the screening fence on the south property line shall be waived. 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 10202 and 10210 Quaker 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. Zone Case No. 3217 page - 2 of 3 AND IT IS SO ORDERED. by the City Council on first reading on November 21, 2013 by the City Council on second reading on December 12, 2013 — U'' 4e, GLEN gr/MBEffS6N, MAYOR TTEST: Garza, City APPROVED AS TO CONTENT: i/�d�.yrz�z - Andrew Paxton, Director of Planning AS TO FORM: Chad Weaver Assistant City Attorney n 5,2013 Zone Case No. 3217 page -3of3 BUILDtNG THREE 73'X91' BUiLDMG 6.640 SO FT TRACTTHREE 33An SO FT lW4r X tern 1 SPACE FOR 150 SO FT 44 PARKING SPACES REG 49 SPACES PROVIDED P 6 / 0 W I AS AM � by plr M/wsk0 o AWDZWd i i ... ........ ........... ....:.. ...............:........:. 1 - --- - • j BUILDING TWO 737 IST BUILDING 10.950 SOFT t- i TRACT TYPO 1 j 46.656 SO FT 1 257fi X 16r-W 1 ' t. 1 SPACE FOR 150 SO FT 1 1 73 PARKING SPACES REG 74 SPACES PROVIDED ' t r . 1 F © 1 5 ; �I MC IWO R I 1 1 1 I I Te 71 � ti• � 1 1 SIGH _.. _.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._. l.._........ _.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.,_.._.._.._.._.._.._.._.._.._.._.._.._.._.._.. .- _ —�-.. _.._.._.._.._.._ --------------------- I SUMMARY ::' :.• ,,,' : 19.400 SO FT Ir" RATIO q 97 SPACESRED REOUI ui 10.9%SO FT tnso RATIO 73 SPACES REOUI_ \ , Y ::.. * .....-..-... 6,640 SO Fr 7n50 TRA 10 K ::.,, 44 SPACES REQUIRED 214 SPACES R£OUIRED 221 SPACES PROVIDED BUILDING ONE 70•X270' BUILDING` Y TOTAL TRACT 19,400 SO FT . �j IK612SO FT 440 X 356 TRACT ONE 0 D AIM LANDSCAPING REQUITEMENT 74.127 SO FT 44W X 1W4r 15% OF DEVELOPED LOT 156.611 SO FT LOT 1 SPACE FOR 200 SO FT 1 23,492 SO FT LANDSCAPING REG 25,241 SO FT PROVIDED 97 PARKING SPACES REG 97 PARKING SPACES PROVIDED LI s[NCE AS REo my OTT rLms" �uozo�G ............... ..: ......... .:.... ::. ........ . _ r MA t� 1 t"'_ HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N J LUBBOCK, TEXAS 72401 1 8061763-S642 J FAX 806#763-3091 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of an approximate 4.0 acre tract of land located in Section 16, Block E-2, Lubbock County, Texas, being further described as follows: Beginning at a point in the East line of Section 16, Block E-2, being the center line of Quaker Avenue and the Northeast corner of this tract, which bears S. 00*14'17" E. an approximate distance of 1383.0 feet from the Northeast corner of Section 16, Block E-2, Lubbock County, Texas; THENCE S. 00014'17" E, along the East line of said Section 16 and the center line of said Quaker Avenue, an approximate distance of 356.0 feet to the Southwest corner of this tract; THENCE N. 89059'17" W. an approximate distance of 495.0 feet to the Southwest comer of this tract; THENCE N. 00014'17" W. an approximate distance of 356.0 feet to the Northwest corner of this tract; THENCE S. 89059'17" E. an approximate distance of 495.0 feet to the Point of Beginning PREPARED FOR ZONE CHANGE DESCRIPTION ONLY; NOT TO BE USED FOR ANY LAND TITLE TRANSACTION OR FILED IN THE OFFICIAL PUBLIC RECORDS FOR ANY PURPOSE.