HomeMy WebLinkAboutOrdinance - 2001-O0082 - Amending Zoning Ordinance 7084. Zone Case 2921 Change T To C-4, C-4 Specific Use - 09/27/2001First Reading
September 27» 2001
Item No. 40
Second Reading
October 11» 2001
Item No. 16
ORDINANCE NO. 2001-00082
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2921; A ZONING CHANGE FROM T TQ C-4 AND
C-4 SPECIFIC USE FOR MINI WAREHOUSE DEVELOPMENT ZONING ON
SIX UNPLATTED TRACTS TOTALING 27.51 ACRES OUT OF THE
SOUTHWEST QUARTER OF SECTION 16, BLOCK E-2, 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 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:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2921
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 .20( c) and
29 .24( c )(25) of the Code of Ordinances of the City of Lubbock from T to
C-4 and C-4 Specific Use for mini warehouse development on six
unplatted tracts totaling 27.51 acres out of the southwest quarter of
Section 16, Block E-2, City of Lubbock, Lubbock County, Texas, located
at the Northeast comer of Slide Road and 114th Street. Subject to the
following conditions and being further described as follows:
Tract 1 (C-4 Specific Use)
METES AND BOUNDS DESCRIPTION of a 3.9931 acre tract of land
located in the South Half of Section 16, Block E-2, Lubbock County, Texas,
being further described as follows:
BEGINNING at an 80 penny nail found in the West line of Section 16, which
bears N. 00°01'37" W. 911.50 feet from a railroad spike found at the
Southwest corner of Section 16, Block E-2, Lubbock County, Texas;
THENCE N. 00°01'37" W., along the West line of Section 16, a distance of
150.0 feet to an 80 penny nail set for the Northwest corner of this tract;
THENCE S. 89°59'10" E., at 55 feet pass a½" rod with cap set in reference,
continuing for a total distance of 871.2 feet to a ½" rod with cap set for the
Northeast corner of this tract;
THENCE S. 00°01 '37" E. a distance of 450.0 feet to a ½" rod with cap set for
the Southeast corner of this tract;
THENCE N. 89°59'10" W. a distance of 144.2 feet to a 5/8" rod with cap
found at the Southwest corner of a 5.0069 acre tract surveyed by Hugo Reed
and Associates September 4, 1990, for a corner of this tract;
THENCE N. 00°01'37" W., along the East line of said 5.0069 acre tract, a
distance of 300.0 feet to a 5/8" rod with cap found at the Northeast corner of
said 5.0069 acre tract for a corner of this tract;
THENCE N. 89°59'10" W., along the North line of said 5.0069 acre tract, at
672.0 feet pass a found 5/8" rod with cap set in reference, continuing for a
total distance of 727.0 feet to the Point of Beginning.
Tract 2 (C-4)
METES AND BOUNDS DESCRIPTION of a 5.0069 acre tract of land
located in the South Half of Section 16, Block E-2, Lubbock County, Texas,
being further described as follows:
BEGINNING at an 80-penny nail found in the West line of Section 16 at the
Southwest corner of this tract which bears N. 00°01'37" W. a distance of
611.5 feet from the Southwest corner of Section 16, Block E-2, Lubbock
County, Texas;
THENCE N. 00°01'37" W., along the West line of Section 16, a distance of
300.0 feet to an 80-penny nail set for the Northwest corner of this tract;
THENCE S. 89°59'10" E., at 55.0 feet pass a ½" iron rod with cap set in
reference, continuing for a total distance of 727.0 feet to a ½" iron rod with
cap set for the Northeast corner of this tract;
THENCE S. 00°01'37" E. a distance of 300.0 feet to a½" iron rod with cap
set for the South east corner of this tract;
THENCE N. 89°59'10" W., at 672.0 feet pass a ½" iron rod with cap found in
reference, continuing for a total distance of 727.0 feet to the Point of
Beginning.
Tract 3 (C-4)
FIELD NOTES on a 6.22 acre tract out of Section 16, Block E-2, Lubbock
County, Texas, further described by metes and bounds as follows:
Zone Case No. 2921
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BEGINNING at a found spike nail at the Northwest corner of the
Sparkman's Nursery tract, and in the center of F. M. Road 1730, (Slide
Road) for the Southwest corner of this tract from whence the Southwest
corner of Section 16, Block E-2, bears S. 0°01'37" E. 1061.5 feet;
THENCE N. 0°01'37" W. 310.88 feet to a point in the center ofF. M. 1730 for
the Northwest corner of this tract;
THENCE S. 89°58'34" E. at 40.2 feet pass a found iron rod with cap at 55
feet pass a set rod with cap marked RPLS # 4460, at 445.36 feet pass a found
rod with cap, in all 871.2 feet to a ½" rod with cap marked RPLS # 4460, for
the Northeast corner of this tract;
THENCE S. 0°01'37" E. 310.76 feet to a found rod with cap on the Northeast
side of a fence post at the Northeast corner of the Sparkman's Nursery Tract
and the Southeast corner of this tract;
THENCE N. 89°59'10" W. along the North side of a fence line, at 816.2 feet
pass a found rod with cap on the Northwest side of a fence post, in all, 871.2
feet to the Place of Beginning and containing 6.22 acres, including any Right
of Way.
Tract 4 (C-4)
BEGINNING at the Southwest corner of Section 16, Block E-2;
THENCE N 0°01'37" W, 411.50 feet;
THENCE S 89°59'10" E, 423.00 feet;
THENCE S 0°01'37" E, 411.50 feet;
THENCE N 89°59'10" W, 423.00 feet to the Point of Beginning containing
4.00 Acres.
Tract 5 (C-4)
FIELD NOTES on a 1.40 acre tract out of Section 16, Block E-2, Lubbock
County, Texas further described by metes and bounds as follows:
BEGINNING at a point for the Southwest corner of this tract from whence a
found railroad spike in the center of F.M. 1730, the Southwest corner of
Section 16, Block E-2 bears N 89° 59' 10" W, 423.00 feet;
THENCE N 0° 01' 37" W, at 55 feet pass a set ½" rod with cap marked
RPLS 4460, in all 411.5 feet to a rod with cap set in the South line of a 4.00
acre tract, for the Northwest corner of this tract;
THENCE S 89° 59' 10" E, 148.2 feet to a found ½" rod with orange cap for
the Northeast corner of this tract and the Northwest corner of a 2.83 Acres
Tract;
THENCE S 0° 01' 37" E, at 356.5 feet pass a½" rod with orange cap found,
in all 411.5 feet to a set½" rod with cap marked RPLS 4460 in the South line
Zone Case No. 2921
Page3 of6
of Section 16, and on the northerly side of a graded county road, (114th
Street);
THENCE N 89° 59' 10" W, with said road, 148.2 feet to the Place of
Beginning, and containing 1.40 acres, including any Right of Way.
Tract 6 (C-4)
FIELD NOTES on a 2.83 acre tract out of Section 16, Block E-2, Lubbock
County, Texas further described by metes and bounds as follows:
BEGINNING at a set ½" rod with cap marked RPLS 4460 in a graded
county road (114th Street) for the Southwest corner of this tract from whence
a found railroad spike in the center of F.M. Road 1730, the Southwest corner
of Section 16, Block E-2, bears N 89° 59' 10" W, 571.2 feet;
THENCE N 0° 01' 37" W. 411.5 feet to a set½" rod with cap marked RPLS
4460 in the South line of a 4.00 acre tract, for the Northwest corner of this
tract;
THENCE S 89° 59' 10" E, 300 feet to a found ½" rod with orange cap for the
Northeast corner of this tract and the Southeast corner of the 4.00 acre tract;
THENCE S 0° 01' 37" E, at 356.5 feet pass a ½" rod with orange cap set in
all 411.5 feet to a set½" rod with cap marked RPLS 4460 in the South line of
Section 16, and on the northerly side of a graded county road, (114th Street);
THENCE N 89° 58' 10" W, with said road, 300 feet to the Place of Beginning,
and containing 2.83 acres, including any Right of Way.
SUBJECT TO THE FOLLOWING CONDITIONS:
(1) That Tract l zoning change from T to C-4 Specific Use for mini
warehouse development
(2) That Tracts 2, 3, 4, 5, and 6, zoning change from T to C-4
(3) That the proposed uses from C-4 that will be permitted are:
(a) All C-3 permitted uses.
(b) Ambulance service
(c) Auto body shop
( d) Auto brake shop
(e) Auto glass shop
(f) Auto seat cover and upholstery shop
(g) Auto transmission shop
(h) Auto sales and service
(i) Barber and beauty supply
(j) Boat and trailer sales/service
(k) Candy plant
(l) Canvas goods shop
(m) Commercial private club and teenage club
Zone Case No. 2921
Page4 of6
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Electrical equipment repair
Feed store
Frozen food lockers
Furniture store, used
Garage
Gas station
Greenhouse and plant nursery
Hotel or motel
Hot tamale plant
Janitorial or cleaning service
Job printing or lithographing
Magazine agency
Motor cycle shop
Muffler shop
Nonprofit training centers with retail sales
Pest control services
Print shop
Produce market
Rental store
Rental store, heavy equipment and trailers
Restaurants
Second hand goods store or pawnshop
Swimming pool sales
Upholstery shop -furniture
Veterinary hospital (totally within a building)
Wholesale house, sales office and storage
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 29-24 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 29.20(c) and 29.24(c)(25) of Codified
Zoning Ordinance No. 7084 on the property described as six unplatted tracts totaling
27.51 acres out of the southwest quarter of Section 16, Block E-2, City of Lubbock,
Lubbock County, Texas.
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 Noll 00 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.
Zone Case No. 2921
Page 5 o/6
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.
Passed by the City Council on first reading this 27th day of September , 2001.
Passed by the City Council on second reading this 11th day of October , 2001.
O!dJ,1:::/
ATTEST:
~~ .. ¾ ReeccaGaria, City Secretar
APPROVED AS TO FORM:
~-<~c7L'. C __e:_--
Linda L. Chamales, Supervising Attorney,
Office Practice Section
LLC:cp/ZC292l.ORD
Ccdocs/09/19/01
Zone Case No. 2921
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