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HomeMy WebLinkAboutOrdinance - 2012-O0123 - Amending Zoning Ordinance 7084. Zone Case 3126-A - 10/25/2012First Reading October 25, 2012 Item No. 6.5 ORDINANCE NO.2012-00123 Second Reading November 8, 2012 Item No. 5.31 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3126-A; A ZONING CHANGE FROM GO AND T TO IHI ZONING DISTRICT ON 8.3 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. 1 WHEREAS, the proposed changes in zoning as hereinafter made have been duly I presented to the Planning and Zoning Commission for its recommendation which was 1 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, I safety and general welfare to make those proposed changes in zoning; and i 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 compiled 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 A valanche-Joumal 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 Ordinances 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. 3126-A 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 GO and T to IHI zoning district on 8.3 acres of unplatted land out of Block AK, Section 20, City of Lubbock, Lubbock County, Texas located at 6100 Block of 1301b Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: I. Any pennitted uses within the IHC, C-2A, C-2, and C-3 Districts may be an accessory use within the pennitted IHI uses proposed by this Ordinance. No exterior signage shall relate to the accessory use other than identifying a retail outlet, show room or "city desk" for the primary use within the building. 2. From the IHC District, the following uses shall be pennitted as free- standing: (2) Agriculture implement and tractor sales and service (totally within a building). (3) Ambulance service. (4) Automobile body shops, outside storage limited to customer vehicles only. (5) Automobile brake shop. (6) Automobile glass shop. (7) Automobile seat cover and upholstery shop. (8) Automobile transmission shop. (9) Automobile and recreational vehicles sales and service (may include body and paint shop, as accessory use). Outside display in conjunction with the on premises sale or rental of automobiles shall be pennitted subject to the regulations of this district. (11) Boat and boat trailer sales and service. Outside display in conjunction with the on premises sale or rental of automobiles shall be pennitted subject to the regulations ofthis district. (36) Laboratory, chemical, general analysis. (39) Lumber yard, with no mill. All materials must be in a building. (56) Road machinery sales and service (totally within a building). (59) Sign shops, limited to window lettering, painted wall signs, banners and desk signs. Zone Case No. 3 I 26-A page-2 o/6 3. Permitted IHI uses with the provision of NO outside storage or stack of goods and/or materials [The uses requested to be eliminated from IHI by the applicant include (9) bus terminal; (45) produce market; (53) stack lot; (60) bus terminal maintenance facility and (61) truck stop]: (2) Aluminum products, fabrication of. (3) Armature winding. ( 4) Bakery-Commercial. (5) Blacksmithing or horseshoeing. (Business permitted outside of building). (6) Bottling works. (7) Broom manufacturing. (8) Building materials, storage. ( 10) Cabinet or carpentry shop. (11) Candle manufacturing. ( 12) Carpet cleaning. (13) Cheese manufacturing. (14) Clothing manufacturing. (15) Cold storage plant. (16) Commercial schools, including mechanical and trade. (17) Contractor plant or storage yard. ( 18) Creamery and dairy products manufacturing. (19) Egg storage, candling or processing plant. (20) Electronic components assembly. (21) Feed store. (22) Fruit and vegetable canning or preserving manufacture, not otherwise classified. (23) Glassblowing. (24) Ice cream manufacturing. (25) Ice manufacturing and bulk dry ice storage. (26) Insulation applicator. Zone Case No.3126-A page-3 o/6 I I I i I I I I (27) Irrigation sales and services, including pumps and equipment. (Business permitted outside of building). (28) Laboratory, physical testing. (29) Lumber yard. (Business permitted outside of building). (30) Machine shop. (31) Mattress manufacture or renovation. (32) Meat processing plant, with no slaughter. (33) Mini-warehouses. (34) Mobile home manufacturing. (35) Mobile home storage. (36) Monument manufacture. (37) Moving, storage, packing, manufacturing and crating of household goods. (38) Ornamental iron works. (39) Paper box and paper products manufacture. ( 40) Pharmaceutical manufacture. ( 41) Planing mill. ( 42) Plumbing, heating, refrigeration, or air-conditioning business. (43) Prefabricated or ready-built house or portable building manufacturing and sales. (Business permitted outside of building). (44) Printing plant and/or newspaper. ( 46) Pump sales and service. (47) Rental store, heavy equipment and trailers only. (Business permitted outside of building). (48) (49) (50) (51) (52) Roofing contractor, s shop. Sash and door manufacture. Sheet metal workshop. Sign shop. Spray painting. Zone Case No.3126-A page-4 o/6 (54) Store fixture manufacturing. (55) Swimming pool, commercial or sales. (Business permitted outside building). (56) Tire recapping and vulcanizing. (57) Trailer or camper manufacture. (58) Trailer and truck rental utility. (Business permitted outside of building). (59) Truck or railway freight terminal depot or station. (62) Warehouse. (63) Welding equipment and supplies (acetylene). ( 64) Welding shop. (65) Antennas, towers or alternative tower structures other than a radio, television or microwave broadcasting or transmission facilities approved by the planning department pursuant to the standards of administrative review provided by section 29-30(b)(8) [40.02.002(h)]. However, antennas or towers located on property owned by a federal, state or local government entity shall be exempt from the requirements of this chapter, provided a license, contract or lease authorizing such antenna or tower has been approved by the governing authority of the applicable governmental entity SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/I 00 Dollars ($2,000.00) as provided in Section 40.01 .006 of the Zoning Ordinance of the City : of Lubbock. i , 1 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 I 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on October 25, 2012 Passed by the City Council on second reading on November 8 2 2012 Zone Case No.3126-A page-5 o/6 ATTEST: APPROVED AS TO FORM : /~~ Chad Weaver Assistant City Attorney I vw/CityAtt/Chad/Zones/1.c312fi•A October 4, 2012 ZN!e• Cmll No. :J.116-A page-6 of6 ,, SON, MAYOR Ordinance No. l01l!t=:1 11111 ~ J U\n•1 ~, LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES, INC. 1801 AVENUE NI LUBBOCK, Tl!XAS TU01 I 80e/71l•5U2 I FAX 80e/7U•U81 TEXAS REG18TEREO ENGINEERING FIRM F•TIO TEXAS LICENSED 8URVEYINQ FIRM 100171·00 Exhibit A Proposed IHI Zoning METES AND BOUNDS DESCRIPTION for a zone description of an approximately 8.3 acre tract of land located in Section 20, Block AK, Lubbock County, Texas being further described as follows: BEGINNING at a point in the South line of Section 20, Block AK, Lubbock County, Texas, which bears N. 88° 13 '28" W., approximately 941. 2 feet from the Southeast corner of said Section 20, Block AK; THENCE N. 88°13'28"W., along the South line of said Section 20, an approximate distance of 1004.0 feet to a point; THENCE N. 01 °46'32" W., an approximate distance of 360.0 feet to a point; THENCE S. 88°13'28" E., an approximate distance of 1004.0 feet to a point; THENCE S. 01 °46'32" W., an approximate distance of 360.0 feet to the Point of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY Prepared for Rex Robertson, September 4, 2012 NOTICE: This electronic file is provided for convenience purposes and is a verbatim copy of a certified description retained on file at Hugo Reed and Associates, Inc. In any case of discrepancy, the certified description governs.