HomeMy WebLinkAboutOrdinance - 2005-O0104 - Amending Zoning Ordinance To Make Change: Case 2895-B; Outdoor Display - 04/25/2005First Reading
August 25, 2005
Item 51
ORDINANCE NO. 2005-{)0104
Second Reading
September 8, 2005
Item40
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2895-B; A ZONING CHANGE FROM C-3, A-2, G-
O, R-2 SPECIFIC USE AND R-1 SPECIFIC USE TO A-M, C-3 AND C-3
SPECIFIC USE FOR AN OUTDOOR DISPLAY ON 64.389 ACRES OF
UNPLA TIED LAND OUT OF SECTION 28, BLOCK A-K, 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, 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 29-24 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 bearing 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. 2895-B
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from C-3, A-2, G-0, R-2 Specific Use and R-1 Specific
Use to A-M, C-3 and C-3 Specific Use for an outdoor display under provisions
of Section 29-24 of the Code of Ordinances of the City of Lubbock on 64.389
acres of unplatted land out of Section 28, Block A-K, City of Lubbock,
Lubbock County; Texas; located on the Southeast comer of 82nd Street and
Milwaukee A venue, subject to conditions and being further described as
follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibits "A", "B" and
"C".
SUBJECT TO THE FOLLOWING CONDITIONS:
A. Tract 1 -AM Zoning (Exhibit "A"):
1. THAT the apartment portion of the District shall be limited to A -1
construction standards. This zoning will allow professional offices, low-
density apartments, or duplex and single family construction.
2. THAT the parcel shall be limited to one street or one curb return on
Milwaukee. If the access is a curb cut and not a public street, the
developer shall coordinate access to the various owners and/or lots on
the site.
B. Tract 2 -C-3 Zoning (Exhibit "B"):
3. THAT the parcel shall be limited to one curb cut on 8200 Street. The
developer shall coordinate access to the various retail parcels on the
site.
C. Tract 3-C-3 Specific Use Zoning for Outdoor Display (Exhibit "C"):
1. THAT an outdoor display area may be constructed in the parking lot
as illustrated on the site plan. The compound is a drive-through with
construction materials that are a product that has the appearance of
wrought iron, it is actually aluminum. The height of the fence will
be six feet. The stack of any material or object within the compound
will not be taller than six feet above the grade of the parking lot
surface.
2. THAT outdoor display located at specific areas on the front of the
store shall be limited to the areas indicated on the site plan.
3. An outdoor display and pick-up area constructed adjacent to the
garden center will allow a drive through for pick up of bagged
goods. The construction materials of the fencing on the Milwaukee
side of the drive through shall match the style of construction of the
parking lot compound with the addition of brick columns. The
materials or product within the compound shall not be allowed to be
stacked above the top of the fence.
4. THAT the project shall be tied to the site plan and building/garden
center/outdoor storage compounds elevations and materials as
presented in ZC 2895B.
Zone Case No. 2895-B
page-2 of4
THAT the screening fence shall be as depicted for materials and location on the site
plan and elevation drawings.
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 C-3 and A-2 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 permitted under provision of
Section 29-24 (c)(24) of Codified Zoning Ordinance No. 7084 on the property
described as 30.579 acres of unplatted land out of Section 28, Block A-K, 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 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.
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. 2895-B
page-3 of4
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 25m day of August, 2005.
ATTEST:
~~~~ Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
j6.\!z~~
APPROVED AS TO FORM:
~-::>~~c~
Linda L. Chamales
Senior Attorney Office Practice
as/cityat1/LindaiZoneCases/ZC2895-B
August 4, 2005
Zone Case No. 2895-B
page-4 of4
Zone Case No: 2895-B
Exhibit "A'~
Tract 1
This tract is to be zoned AM with the apartment portion of the tract to be limited to A1 use.
METES and BOUNDS description prepared for Zone Change purposes only on a 17.44 Acre
Tract out of Section 28, Block AK, Lubbock County, Texas further described as follows:
Beginning at the Southwest comer of the Monterey Church of Christ Tract which bears S oo 04'
02" E, 880 feet and West 1282 feet from the Northeast corner of the West Half of Section 28;
THENCE East, along the North line of the Monterey Church of Christ Tract, 316 feet;
THENCE South, 1045.54 feet;
THENCE West, 1673.83 feet to the West line of Section 28 and the center of Milwaukee Avenue;
THENCE N oo 05' 19" W, 316 feet;
THENCE East, 1358.32 feet;
THENCE North, 729.54 feet to the to the Place of Beginning and containing 17.44 Acres including
any Right-of-Way. Prepared for zone change purposes only. Does not represent a survey.
Exhibit "B"
Tract 2
This tract to zoned C3
M:fTES and BOUNDS description prepared for Zone Change purposes only on a 14.37 Acre
Tract out of Section 28, Block AK, Lubbock County, Texas further described as follows:
Beginning at the Northwest comer of the Monterey Church of Christ Tract which bears N 89° 54'
52" W, 1280.96 feet from the Northeast comer of the West Half of Section 28;
THENCE South 1611.46 feet;
THENCE West 388.46 feet;
THENCE North 1612.04 feet to a point in the North line of Section 28 and the centerline of 82nd
Street;
THENCE S 89° 54' 52" E, 388.46 feet to the Place of Beginning and containing 14.37 Acres
including any Right-of-Way. Prepared for zone change purposes only. Does not represent a
survey.
S:\ZONECASELEGALS\Zone Case 28 AK BET_WALMRT.doc
Zone Case No. 2895-B
Exhibit"C"
TRACT 3 -METES AND BOUNDS DESCRIPTION
This tract is to be zoned C3 with specific use for outdoor display
BEING a 30.579 acre tract of land situated in the Northwest 1/3 of Section 28, Block AK, Abstract
Number 750, Lubbock County, Texas, being a portion of the tracts of land described as Tract 2 and
as Tract 1 in the deed to Ron Betenbough and Rick Betenbough recorded in Volume 6937, Page
17 4, Deed Records of Lubbock County, Texas, also being a portion of the tract of land described in
the deed to Betenbough Quality Homes, Inc. recorded in Volume 8141, Page 318, Deed Records
of Lubbock County, Texas, said 30.579 acre tract of land being more particularly described as
follows:
BEGINNING at a Yz inch iron rod with a yellow plastic cap found in the southerly right-of-way line
of 82nd Street (a variable width right-of-way, 110 feet wide at this point) for the most northerly
northwest corner of said Ron Betenbough and Rick Betenbough tract;
THENCE with the southerly right-of-way line of 82"d Street South 88° 05' 39" East a distance of
662.18 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Dunaway Assoc. Inc" set for
the northwesterly corner of Betenbough Addition II, an addition to the City of lubbock according to
the plat recorded in Volume 9, Page 49B, Plat Records of lubbock County, Texas;
THENCE departing the southerly right-of-way line of 82"d Street with the westerly line of said
Betenbough Addition fl South 01° 49' 13" West at a distance of 280.00 feet passing the
southwesterly corner of said Betenbough Addition II in all a total distance of 425.00 feet to a 5/8
inch iron rod with a yellow plastic cap stamped "Dunaway Assoc. Inc" set for corner;
THENCE South 88° 05' 39" East a distance of 215.00 feet to a 5/8 inch iron rod with a yellow
plastic cap stamped "Dunaway Assoc. Inc" set for comer;
THENCE South 01° 49' 50" West a distance of 1,132.00 feet to a 5/8 inch iron rod with a yellow
plastic cap stamped "Dunaway Assoc. Inc" set for corner;
THENCE North 88° 10' 10" West a distance of 914.93 feet to a 5/8 inch iron rod with a yellow
plastic cap stamped "Dunaway Assoc. Inc." set in the easterly right-of-way line of Milwaukee
Avenue (a variable width right-of-way) as described in the instrument to the City of Lubbock
recorded in Volume 9735, Page 349, Official Public Records of Lubbock County, Texas;
THENCE with the easterly right-of-way line of Milwaukee Avenue the following:
North 01° 44' 31" East a distance of 1,120.09 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "Dunaway Assoc. Inc" set for corner,
North 04° 36' 15" East a distance of 200.25 feet to a Yz inch iron rod with a plastic cap found
for comer;
North 01° 44' 31" East a distance of 208.00 feet to Yz inch iron rod with a plastic cap
stamped "Hugo Reed" found in the southerly right-of~way line of 82"d Street for the point of
curvature of a curve to the right having a radius of 30.00 feet;
THENCE departing the easterly right-of-way line of Milwaukee Avenue with the southerly right-of-
way line of 82nd Street Northeasterly along said curve through a central angle of 90° 09' 50" an arc
length of 47.21 feet with a chord bearing of North 46° 49' 25" East and a chord distance of 42.49
feet to the POINT OF BEGINNING;
CO NT AI NING a computed area of 30.579 acres ( 1 ,332,013 square feet) of land.
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