HomeMy WebLinkAboutOrdinance - 9738-1994 - Zone Case 2255-F Zoning Change C-2 To C-4 Mini-Warehouses - 09/22/1994First Reading
Council Date 09/22/94
ItemNo. 13 -----
Second Reading
Council Date IO/ 13194
Item No. 9 -----
ORDINANCE NO. __ 9_73_8 __
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2255-F; A ZONING CHANGE FROM C-2, 00 AND C-4 TO C-4 AND
C-4 SPECIFIC USE ZONING FOR MINI-WAREHOUSES ON MULTIPLE TRACTS OF
LAND OUT OF SECTION 36, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND I
PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duJy
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 §21 1.007 (Vernon, 1990), and notice was duly published in
the Lubbock Avalanche-Journal more than fifteen (lS) 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 detennined
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 I THEREFORE:
I BE IT ORDAINED BY TilE CITY COUNCIL OF TilE CITY OF LUBBOCK:
ZONE CASE NO. 2255-F
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as
follows:
A change of zoning under the provisions of Section 29-24(c)(25) of the Code of
Ordinances of the City of Lubbock from C-2, 00 and C-4 to C-4 and C-4 Specific
Use for mini·warehouses, on multiple portions of land out of Section 36, Block
A-K, City of Lubbock, Lubbock County, Texas, located West of Frankford
Avenue and North of 66th Street, subject to conditions and being further described
as follows:
TRACT 1
METES AND BOUNDS DESCRIPTION of a 1.393 acre tract of land located in
Section 36, Block A·K, Lubbock, Lubbock County, Texas, being further described
as follows:
BEGINNING at a point which bears N. 00°00'30" E. a distance of325.00 feet and
N. 89°50' W. a distance of230.00 feet from the Southeast comer of Section 36,
Block A-K, Lubbock, Lubbock County, Texas;
TIIENCE S. 00°00'30" W. a distance of 138.00 feet;
THENCE N. 89°59' W. a distance of 440.04 feet;
THENCE North a distance of 123.00 feet to a point of curvature;
THENCE Northeasterly around a curve to the right, said curve having a radius of
15.00 feet, a central angle of 90°01 ', tangent lengths of 15.00 feet, and a chord
distance of21.22 feet;
THENCE S. 89°59' E. a distance of 425.06 feet to the POINT OF BEGINNING.
TRACT2
METES AND BOUNDS DESCRIPTION of a 1.102 acre tract of land located in
Section 36, Block A-K, Lubbock, Lubbock County, Texas, being further described
as follows:
BEGINNING at a point which bears N. 00°00'30" E. a distance of381.00 feet and
N. 89°50' W. a distance of 245.00 feet from the Southeast comer of Section 36,
Block AwK, Lubbock, Lubbock County, Texas;
THENCE N. 89°59' W. a distance of410.07 feet to a point of curvature;
THENCE N. 89°59' W. a distance of 440.04 feet;
TIIENCE Northwesterly around a curve to the right, said curve having a radius of
15.00 feet, a central angle of 89°59', tangent lengths of 15.00 feet, and a chord
distance of21.21 feet;
THENCE North a distance of270.02 feet to a point of curvature;
THENCE Northeasterly around a curve to the right, said curve having a radius of
15.00 feet, a central angle of90°0l 'IS", tangent lengths of 15.01 feet, and a chord
distance of 21.22 feet;
TIIENCE S. 89°58'45" E. a distance of 104.99 feet to a point of curvature;
ZONE CASE NO. 2255-F
-PAGEl-
TIIENCE Northeasterly around a curve to the left, said curve having a radius of
616.75 feet, a central angle of 22°01'15", tangent lengths of 120.00 feet, and a
chord distance of235.58 feet to a point of reverse curvature;
THENCE Northeasterly around a curve to the right, said curve having a radius of
513.53 feet, a central angle of 08°39'30'', tangent lengths of 38.88 feet, and a
chord distance of77.53 feet;
THENCE S. 00°00'30" W. a distance of 368.55 feet to the POINT OF
BEGINNING.
TRACTJ
METES AND BOUNDS DESCRIPTION of a 2.288 acre tract of land located in
Section 36, Block A-K, Lubbock, Lubbock County, Texas, being further described
as follows:
BEGINNING at a point which bears North, a distance of 741.04 feet and N.
89°59' W. a distance of 909.86 feet from the Southeast comer of Section 36,
Block A-K, Lubbock, Lubbock County, Texas;
THENCE Northwesterly around a curve to the right, said curve having a radius of
15.00 feet, a central angle of 89°58'45", tangent lengths of 14.99 feet, and a chord
distance of21.21 feet;
THENCE North a distance of 151.51 feet;
THENCE S. 89°58' 45" E. a distance of 628.75 feet;
TIIENCE South a distance of 1 09.80 feet;
THENCE Southwesterly around a curve to the left, said curve having a radius of
573.53 feet, a central angle of 04°47'20", tangent lengths of 23.98 feet, and a
chord distance of 4 7. 92 feet to a point of reverse curvature;
THENCE Southwesterly around a curve to the right, said curve having a radius of
556.75 feet, a central angle of 22°01' 15", tangent lengths of 108.33 feet, and a
chord distance of212.66 feet;
TIIENCE N. 89°58'45" W. a distance of 359.85 feet to the POINT OF
BEGINNING.
TRACT4
METES AND BOUNDS DESCRIPTION ofTracts A, A-1, Band B-1, Spur 327,
Business Park Addition to the City of Lubbock, Lubbock County, Texas, as shown
on site plan by Lubbock Development, revised date of August 23, 1994, being
further described as follows:
ZONE CASE NO. 2.2SS~F
-PAGEl-
BEGINNING at a point in the South right-of-way line of 63rd Street. at the
original Northwest comer of Lot 1, Spur 327, Business Park Addition to the City
of Lubbock. Lubbock County, Texas;
THENCE South, along the West line of said Lot 1, an approximate distance of
180.00 feet to a point for the original Southwest comer of Lot 1, for an interior
comer of this tract;
THENCE S. 89"58'45" E., along the South line of said Lot 1, an approximate
distance of 70.00 feet to a point for the original Northwest corner of Lot 2, Spur
327, Business Park Addition to the City of Lubbock. Lubbock County, Texas, for
the Easternmost Northeast corner of this tract;
THENCE South, along the West line of said Lot 2, Spur 327, Business Park
Addition, an approximate distance of 50.00 feet to a point for the Easternmost
Southeast comer of this tract;
THENCE N. 89°58'45" W. an approximate distance of340.00 feet to a point for
an interior corner of this tract;
THENCE South, an approximate distance of 219.00 feet to a point for the
Southernmost Southeast comer of this tract;
THENCE N. 89°58'45" W. an approximate distance of 370.00 feet to a point in
the East right-of-way line of Homestead Avenue, for the Southwest corner of this
tract;
TIIENCE North, along said East right-of-way line of Homestead Avenue, an
approximate distance of 219.00 feet to a point for the original Southwest corner of
Lot 3-A, Spur 327, Business Park Addition to the City of Lubbock, Lubbock
County, Texas, for the Westernmost Northwest corner of this tract;
TIIENCE S. 89°58'45" E., along the South line of said Lot 3-A, Spur 327,
Business Park Addition, an approximate distance of 220.00 feet to a point for the
Southeast comer of said Lot 3-A, for an interior corner of this tract;
THENCE North, along the East line of said Lot 3-A, an approximate distance of
230.00 feet to a point in said South right-of-way line of 63rd Street. for the
original Northeast comer of said Lot 3-A, for the Northernmost Northwest comer
of this tract;
THENCE S. 89°58'45" E., along the South right-of-way line of 63rd Street, an
approximate distance of 420.00 feet to the POINT OF BEGINNING.
TRACTS
METES AND BOUNDS DESCRIPTION of an interior tract of land, Spur 327,
Business Park Addition to the City of Lubbock, Lubbock County, Texas as shown
on site plan by Lubbock Development, revised date of August 23, 1994, being
further described as follows:
WNE CASE NO. 2255-F
-PAGE4-
BEGINNING at a point for the Easternmost Southeast comer of this tract, also
being the original Southwest comer ofLot 2, Spur 327, Business Park Addition to
the City ofLubbock. Lubbock County, Texas;
TIIENCE N. 89°58'45" W., an approximate distance of70.00 feet for an interior
corner of this tract;
THENCE South. an approximate distance of 200.00 feet to a point in the North
right-of-way line of 66th Street for the Southernmost corner of this tract;
THENCE N. 89°59' W., along said North right-of-way line of 66th Street, an
approximate distance of 100.00 feet to a point for the Southernmost Southwest
comer of this tract;
THENCE North, an approximate distance of200.00 feet for an interior comer of
this tract;
THENCE N. 89°58'45" W., an approximate distance of 170.00 feet to a point for
the Westernmost Southwest comer of this tract;
THENCE North, an approximate distance of 219.00 feet to a point for the
Northwest comer of this tract;
THENCE S. 89°58'45" E., an approximate distance of 340.00 feet to a point in
the West line of said Lot 2, Spur 327, Business Park Addition for the Northeast
corner of this tract;
THENCE South, along said West line of Lot 2, an approximate distance of219.00
feet to the POINT OF BEGINNING.
TRACT6
METES AND BOUNDS DESCRIPTION of Tracts C and D, Spur 327, Business
Park Addition to the City of Lubbock. Lubbock County, Texas, as shown on site
plan by Lubbock Development, revised date of August 23, 1994, being further
described as follows:
BEGINNING at a point in the East right-of-way line ofHomestead Avenue for the
Northwest comer of this tract which bears South, an approximate distance of
219.00 feet from the original Southwest comer of Lot 3-A, Spur 327, Business
Park Addition to the City ofLubbock. Lubbock County, Texas;
THENCE S. 89°58'45" E . an approximate distance of 540.00 feet to a point for
the Northwest comer of this tract;
THENCE South. an approximate distance of 200.00 feet to a point in the North
right-of-way line of 66th Street for the Southeast comer of this tract;
ZONE CASE NO. 2255-F
-PAGE.S-
TIIENCE N . 89°59' W., along said North right-of-way line of 66th Street, an
approximate distance of 525.00 feet to a point of cwvature;
TIIENCE Northwesterly around a curve to the right, said curve having a radius of
15.00 feet, a central angle of 89°59' tangent len~s of 15.00 feet, and a chord
distance of 21.21 feet to a point in the East nght-of-way line of Homestead
Avenue, for a point of tangency;
TIIENCE North, along said East right-of-way line of Homestead Avenue, an
approximate distance of 185.00 feet to the POINT OF BEGINNING.
METES AND BOUNDS DESCRIPTION of Tract E, Spur 327, Business Park
Addition to the City ofLubbock, Lubbock County, Texas, as shown on site plan
by Lubbock Development, revised date of August 23, 1994, being further
described as follows:
BEGINNING at a point in the West right-of-way line of Genoa Avenue for the
Northeast comer of this tract, also being the Southeast comer of Lot 2, Spur 327,
Business Park Addition to the City of Lubbock, Lubbock County, Texas;
TIIENCE South, along said West right-of-way line of Genoa Avenue, an
approximate distance of 185.00 feet to a point of curvature;
TIIENCE Southwesterly around a cwve to the right, said cwve having a radius of
15.00 feet, a central angle of 90°01 ', tangent lengths of 15.00 feet, and a chord
distance of 21.22 feet to a point in the North right-of-way line of 66th Street, for a
point of tangency;
TIIENCE N. 89°59' W., along said North right-of-way line of 66th Street, an
approximate distance of 235.00 feet to a point for the Southwest comer of this
tract;
TIIENCE North an approximate distance of 200.00 feet to a point for the
Northwest comer of this tract;
THENCE S. 89°58'45, E. at approximately 70.00 feet pass a point for the original
Southwest comer of said Lot 2, Spur 327, Business Park Addition, and continuing
for an approximate distance of250.00 feet to the POINT OF BEGINNING.
SUBJECT TO THE FOllOWING CONDITIONS:
1. That Tract 1 be changed from C-2 to C-4 Specific Use and that Tracts 2, 3
and 4 be changed from C-4 with conditions to C-4 Specific Use, subject to
condition a. or b.:
ZONE CASE NO. 22.55-F
-PAGE6-
a. That the property shall be C-4 and the C-4 uses shall be limited to
the following uses:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
Automobile body shops, outside storage limited to customer
vehicles only.
Automobile brake shop.
Antomobile glass shop.
Antomobile seat cover and upholstery shop.
Automobile transmission shop.
Automobile and recreational vehicle sales and service (may
include body and paint shop, as accessory use).
Barber and beauty shop supply dealer.
Boat and boat trailer sales and service.
Builders supply. All materials must be in building.
Cafe supply dealer, fixtures.
Canvas goods shop, tents and awnings (no manufacturing).
Dairy supply dealer.
Electrical equipment repairs.
Frozen food lockers.
Garage, eublic, repair. (Outside storage of customer
automobiles authorized.) All work and separate parts shall
be inside a building.
Garden center.
Gasoline service station. (Business permitted outside of
building and outside displays of products permitted within
three (3) feet of the building.)
Golf driving range. (Business permitted outside of
building.)
Greenhouse and plant nursery.
Hotel or motel.
Hot tamale plant.
Janitorial or cleaning service.
Job printing and lithographing.
Laboratory, chemical, general analysis.
Laundry, commercial.
Linen and towel supply service.
Lumber yard, with no mill. All materials must be in a
building.
Magazine agency.
Motorcycle shop, including sales, rentals and service.
Muffier shop.
Nonprofit training centers with retail sales.
Pest control service.
Print shop.
Produce market.
Public kennel (totally within a building).
Rental store.
Restaurants. (Business permitted outside of building.)
Restaurants, with the sale of alcoholic beverages as in
incidental use, except that no mixed alcoholic bever~e sales
shall be made or delivered to occupants in motor vehicles.
ZONE CASE NO. 2255-F
-PAGE7-
(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
Sign shops, limited window lettering, painted wall signs,
banners and desk signs.
Store fixtures sales (no manufacturin~ permitted).
Trailer and truck sales, rental or seJVIce.
Trailer and truck rental utility.
Upholstery shop--Furniture.
Veterinary hospital (totally within a building).
Wholesale house, sales office and storage--No cotton
storage.
All unconditionally permitted C-3 uses.
b. That the pennitted use shall be C-4 Specific Use for nuru-
warehouses subject to the condition that a site plan, including
building elevations showing materials, color, and texture, shall be
submitted and approved by the Planning and Zoning Commission
prior to the issuance of a building permit.
2. That Tract 5 be changed from GO and C-4 with conditions to C-4 Specific
Use for mini-warehouses.
3. That Tract 6 shall be changed from GO to C-4 subject to the foUowing
conditions:
a. That the C-4 uses shall be limited to the following uses:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
Automobile body shops, outside storage limited to customer
vehicles only.
Automobile brake shop.
Automobile glass shop.
Automobile seat cover and upholstery shop.
Automobile transmission shop.
Automobile and recreational vehicle sales and service (may
include body and paint shop, as accessory use).
Barber and beauty shop supply dealer.
Boat and boat trailer sales and service.
Builders supply. All materials must be in building.
Cafe supply dealer, fixtures.
Canvas goods shop, tents and awnings (no manufacturing).
Dairy supply dealer.
Electrical equipment repairs.
Frozen food lockers.
Garage, public, repair. (Outside storage of customer
automobiles authorized.) All work and separate pans shall
be inside a building.
Garden center.
ZONE CASE NO. 2255-F
-PAGES-
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
Gasoline service station. (Business permitted outside of
building and outside displays of products permitted within
three (3) feet of the building.)
Golf driving range. (Business permitted outside of
building.)
Greenhouse and plant nursery.
Hotel or motel.
Hot tamale plant.
Janitorial or cleaning service.
Job printing and lithographing.
Laboratory, chemical, general analysis.
Laundry, commercial.
Linen and towel supply service.
Lumber yard, with no mill. All materials must be in a
building.
Magazine agency.
Motorcycle shop, including sales, rentals and service.
Muffler shop.
Nonprofit training centers with retail sales.
Pest control service.
Print shop.
Produce market.
Public kennel (totally within a building).
Rental store.
Restaurants. (Business permitted outside of building.)
Restaurants, with the sale of alcoholic beverages as in
incidental use, except that no mixed alcoholic beverage sales
shall be made or delivered to occupants in motor vehicles.
Sign shops, limited window lettering. painted wall signs,
banners and desk signs.
Store fixtures sales (no manufacturing permitted).
Trailer and truck sales, rental or service.
Trailer and truck rental utility.
Upholstery shop--Furniture.
Veterinary hospital (totally within a building).
Wholesale house, sales office and storage--No cotton
storage.
All unconditionally permitted C-3 uses.
b. That a site plan, including building elevations showing materials, color,
texture, shall be submitted and approved by the Planning and Zoning
Commission prior to the issuance of a building permit.
c. That notification of the site plan review shall be mailed to anyone within
200 feet of the property lines.
SECTION 2. THAT the granting of this specific use zoning is hereby made subject to
I
compliance to 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 Pennit shall be applied for and secured within thirty (30) months of the effective date of
WNE CASE NO. 2255-F
-PAGE9-
the zone change or all undeveloped property shall automatically revert back to the previous
zoning classification, which in this case is the C·l for Tract 1, C·4 with conditions for Tracts 2, 3,
4 and part of S and GO for part of Tract 5 & Tract 6 zone districts; 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 pennitted under provision of 1
Section 29-24(c)(25) of Codified Zoning Ordinance No. 7084 on the property described as
multiple tracts ofland out of Section 36, Block A-K, City of Lubbock, Lubbock County, Texas.
SECTION 3. TIIAT 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 ofthe City ofLubbock.
I
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 I shall not be affected thereby.
SECTION 5. TIIAT 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.
Linda L. Chamales, Assistant City Attorney
) U..C;jtiZCllSS-F.ORD
~12,1994
ZONE CASE NO. 22SS-F
-PAGE 10-