HomeMy WebLinkAboutOrdinance - 2017-O0142 - Amending Zoning Ordinance 7084. Zone Case 3312-A - 10/26/2017First Reading
October 26, 2017
Item No. 7.8
ORDINANCE NO. 2017-00142
Second Reading
November 2, 20 17
Item No. 7.8
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3312-A; A ZONING CHANGE FROM T TO GO, AM,
C-3; AND C-4 SPECIFIC USE FOR MINI-WAREHOUSES, ON 50.9 ACRES OF
UNPLATTED LAND OUT OF BLOCK AK, SECTION 23, 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. 3312-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provtstons of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from T to GO, AM, C-3; and C-4 Specific
Use for mini-warehouses on 50.9 acres of unplatted land out of Block AK,
Section 23, City of Lubbock, Lubbock County, Texas, located at 10610 Upland
Avenue, subject to conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
l. THAT the C-4 Specific Use zone change be limited to the use of mini-
warehouses; and
2. THAT the zone change be tied to the proposed site plan with the
ability of staff to make minor adjustments.
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 paiticularly, 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 10610
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 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
ofthe descriptive caption ofthis Ordinance as an alternative method provided by law.
---------------· ---------------------Zone Case No. 3312-A
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading on October 26. 2017
Passed by the City Council on second reading on November 2, 201 7
~
DANIEL M. POPE, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Attorney
vwiCJtyAtt/Justm ZonesiZC3312-A
October 5. 2017
Zone Case No. 3312-A
page-3 of3
LAND SURVEYORS
CIVIL ENGINEERS
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N I LUBBOCK, TEXAS 79401 I 806/763-5642 I FAX 806/763-3891
TEXAS REGISTERED ENGINEERING FIRM F-750
TEll: AS LICE Ill SED SURVEYING Fl RM 1 00675-0 0
Proposed C-4 Specific Use Zoning
METES AND BOUNDS DESCRIPTION of an approximate 14.9 acre tract of land being a portion of a 120.000 acre
tract as described under County Clerk File Number 201500592 8 of the Official Public Records of Lubbock County,
Texas, located in Section 23, Block AK, Lubbock County Texas, being further described as follows:
BEGINNING at a point in the East line of said Section 23, Block AK, for the Northeast corner of said 120.000 acre
tract, and the Northeast corner of this tract which bears N. 01"50'26" E. an approximate distance of 2640.3 feet
from the Southeast corner of Section 23, Block AK, Lubbock County, Texas;
THENCE S. 01 "50'26" W., along the Eastern boundary of said 120.00 acre tract and the East line of said
Section 23, Block AK, an approximate distance of 310.7 feet to a point for the most Easterly Southeast corner of
this tract;
THENCE N. 88"09'34" W. an approximate distance of 313.7 feet to a point;
THENCE S. 01 "50'26" W an approximate distance of 768.6 feet to the most Southerly Southeast corner of this
tract;
THENCE N. 88"09'34" W. an approximate distance of 333.4 feet to a point of curvature;
THENCE Northwesterly, along a curve to the right, said curve having an approximate radius of 570.0 feet, a central
angel of 20"39'35", approximate tangent lengths of 103.9 feet, an approximate chord distance of 204.4 feet and a
chord bearing of N. 7r49'46" W. to a point of intersection;
THENCE N. 1r04'17" E. an approximate distance of 148.6 feet to a point;
THENCE N. 01 "50' 26" E. an approximate distance of 765.6 feet to a point;
THENCE N. 88" 1 0' 28" W. an approximate distance of 123.1 feet to the most Westerly Northwest corner of this
tract;
THENCE N. 01 "49'32" E. an approximate distance of 133.5 feet to a point in the Northern boundary of said 120.000
acre tract for the most Northerly Northwest corner of this tract;
THENCE S. 88" 1 0 '2 8" E., a long the Northern boundary of said 120.000 acre tract, an approximate distance of
932.3 feet to the Point of Beginning.
Contains 650,390 square feet.
PREPARED FOR ZONE CHANGE PURPOSE, DOES NOT REPRESENT AN ACTUAL SURVEY.
Prepared for In Touch Real Estate, Inc.
September 11 , 2017
LAND SURVEYORS
CIVIL ENGINEERS
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N I LUBBOCK, TEXAS 79401 I 80GI76J-S64Z I FAX 8061763-3691
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
Proposed AM Zoning
METES AND BOUNDS DESCRIPTION of an approximate 17.6 acre tract of land being a portion of a 120.000 acre
tract as described under County C Jerk File Number 2015005928 of the Official Public Records of Lubbock County,
Texas, located in Section 23, Block AK, Lubbock County Texas, being further described as follows:
BEGINNING at a point, in the Eastern boundary of said 120.000 acre tract and the East line of said Section 23,
Block AK, for the Northeast corner of this tract which bears N. 01 "50'26" E. an approximate distance of 1561.0 feet
from the Southeast corner of Section 23, Block AK, Lubbock County, Texas;
THNECE S. 01 "50'26" W., along the Eastern boundary of said 120.00 acre tract and the East line of said
Section 23, Block AK, an approximate distance of 899.0 feet to a point for the Southeast corner of this tract;
THENCE N. 88"09'34" W. an approximate distance of 848.2 feet to a point for the Southwest corner of this tract;
THENCE N. 01 "50'26" E. an approximate d ista nee of 935.7 feet to a of intersection at the Northwest corner of this
tract;
THENCE Southeasterly, along a curve to the left, said curve having an approximate radius of 570.0 feet, a central
angel of 20"39'35", approximate tangent lengths of 103.9 feet, an approximate chord distance of 204.4 feet and a
chord bearing of S. 77"49'46" E. to a point of tangency;
THENCE S. 88"09'34" E. an approximate distance of 647.1 feet to the Point of Beginning.
Contains 764,975 square feet.
PREPARED FOR ZONE CHANGE PURPOSE, DOES NOT REPRESENT AN ACTUAL SURVEY.
Prepared for In Touch Real Estate, Inc.
September 11, 2017
LAND SURVEYORS
CIVIL ENGINEERS
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N I LUBBOCK, TEXAS 79401 I 8061763-564:1 I FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-DO
Proposed G.O. Zoning
METES AND BOUNDS DESCRIPTION of an approximate 5.5 acre tract of land being a portion of a 120.000 acre
tract as described under County Clerk File Number 2015005928 of the Official Public Records of Lubbock County,
Texas, located in Section 23, Block AK, Lubbock County Texas, being further described as follows:
BEGINNING at a point, in the Eastern boundary of said 120.000 acre tract and the East line of said Section 23,
Block AK, for the Southeast corner of this tract which bears N. 01 °50'26" E. an approximate distance of 1561.0 feet
from the Southeast corner of Section 23, Block AK, Lubbock County, Texas;
N. 88°09'34" W. and approximate distance of 313.7 feet to the Southwest corner of this tract;
THENCE N. 01 °50'26" E. an approximate distance of 768.6 feet to a point for the Northwest corner of this tract;
THENCE S. 88°09'34" E. an approximate distance of 313.7 to a point in the Eastern boundary of said 120.000 acre
tract and the East line of said Section 23, Block AK, for the Northeast corner of this tract;
THNECE S. 01 °50'26" W., along the Eastern boundary of said 120.00 acre tract and the East line of said
Section 23, Block AK, an approximate distance of 768.6 feet to the Point of Beginning.
Contains 241, 162 square feet.
PREPARED FOR ZONE CHANGE PURPOSE, DOES NOT REPRESENT AN ACTUAL SURVEY.
Prepared for In Touch Real Estate, Inc.
September 11, 2017
LAND SURVEYORS
CIVIL ENGINEERS
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N I LUBBOCK, TEXAS 79401 I 806/71iJ-5642 I FAX B06/76J-JB91
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXP.S LICENSE 0 SU RVEYJNG FIRM 1 00676-00
Proposed C-3 Zoning
METES AND BOUNDS DESCRIPTION of an approximate 12.9 acre tract of land being a portion of a 120.000 acre
tract as described under County Clerk File Number 2015005928 of the Official Public Records of Lubbock County,
Texas, located in Section 23, Block AK, Lubbock County Texas, being further described as follows:
BEGINNING at the Southeast corner of said 120.000 acre tract, for the Southeast corner of this tract, same being
the Southeast corner of Section 23, Block AK, Lubbock County, Texas;
THENCE N. 88"1 0'33" W., along the Southern boundary of said 120.000 acre tract and the South line of said
Section 23, Block AK, an approximate distance of 848.2 feet to a point for the Southwest corner of this tract:
THNECE N. 01"50'26" E. an approximate distance of 662.2 feet to a point for the Northwest corner of this tract;
THENCE S. 88"09'34" E. an approximate distance of 848.2 feet to a point in the Eastern boundary of said 120.000
acre tract and the East line of said Section 23, Block AK, for the Northeast corner of this tract;
THENCE S. 01 "50' 26" W., along the Eastern boundary of said 120.00 acre tract and the East line of said
Section 23, Block AK, an approximate distance of 662.0 feel to the Point of Beginning.
Contains 561,622 square feet.
PREPARED FOR ZONE CHANGE PURPOSE, DOES NOT REPRESENT AN ACTUAL SURVEY.
Prepared for In Touch Real Estate, Inc.
March 1, 2017
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