HomeMy WebLinkAboutOrdinance - 2007-O0100 - Amending Zoning Ordinance Making Changes: Case 2984-F; Mini Warehouse On 6.5 Acr - 10/11/2007First Reading
September 27, 2007
Item No. 6.3
ORDINANCE NO. 2001-00100
Second Reading
October 11, 2007
Item No. 5.7
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2984-F; A ZONING CHANGE FROM C-3 AND R-1
SPECIFIC USE TO C-4 SPECIFIC USE FOR A MINI WAREHOUSE ON 6.5
ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 38,
LUBBOCK, TEXAS; PROVIDING A PENAL TY, 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 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 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. 2984-F
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from C-3 and R-1 Specific Use to C-4 Specific Use for
Mini Warehouse under provisions of Section 29-24 of the Code of Ordinances
of the City of Lubbock on 6.5 acres of unplatted land out of Block AK,
Section 38, City of Lubbock, Lubbock County, Texas, located at Milwaukee
Avenue and 37th Street, being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
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 R-1 Specific Use 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 29-24 (c) (24) of Codified Zoning Ordinance No.
7084 on the property described as Milwaukee A venue and 37°1 Street, City of
Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by fme 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. 2984-F
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of September , 2007.
Passed by the City Council on second reading this 11th day of October , 2007.
. 0~6-o/'-¥---.J
DAVID A.MILLER. MAYOR
ATTEST:
APPROVED AS TO CONTENT:
irector of Planning
APPROVED AS TO FORM:
-~~~~-~.-e7 __
Linda L. Chamales
Senior Attorney Office Practice
vw/cityan/Linda/ZoneCases/ZC2984-F
August 27, 2007
Zone Case No. 2984-F
page-3 of3
"EXHIBIT A"
DESCRIPTION OF A
Ordinance No. 2007-00100
63 IO Genoa Ave. Suite A Lubbock TX. 79424
Phone: 806-687-1569 Fax: 806-687-I 569
E-mail: stevenssurvey@hotmaiJ.com
1.529 ACRE TRACT OF LAND IN
SECTION 37 & SECTION 38, BLOCK AK,
LUBBOCK COUNTY, TEXAS
(PL.AT OF SURVEY ON SEPARATE DOCUMENT)
A 1.529 ACRE TRACT OF LAND LOCATED IN SECTION 37 AND SECTION 38, BLOCK AK, LUBBOCK COUNTY, TEXAS,
BEING A PORTION OF THAT CERTAJN 213.904 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED
RECORDED IN VOLUME 9323, PAGE 121 OF T HE OFFJCIAL PUBLIC RECORDS OF LUBBOCK COUNTY, SAID 1.529
ACRE TRACT BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A 1 /2" JRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" SET IN THE NORTH RIG HT-OF-WAY
LINE OF AN ELEC1R1C TRANSMISSION LINE EASEMENT DESCRIBED AND RECORDED IN VOLUME 1062, PAGE 517
OF THE DEED RECORDS OF LUBBOCK COUNTY, AND IN THE EAST LINE OF A 213.732 ACRE TRACT OF LAND
DESCRIBED IN A WARRANTY DEED RECORDED IN VOLUME 9716, PAGE 149 OF THE OFFICIAL PUBLIC RECORDS
OF LUBBOCK COUNTY, FOR THE SOUTHWEST CORNER OF THIS TRACT, WHENCE THE NORTHEAST CORNER OF
SECTION 38 BEARS DUE EAST A DISTANCE OF 324.28 FEET AND DUE NORTH A DISTANCE OF 1793.00 FEET, PER
CALLS IN PREVIOUS DEED;
THENCE DUE NORTH, ALONG THE EAST LINE OF SAID 213.732 ACRE TRACT AND THE EAST LINE OF A 5.00 ACRE
TRACT SURVEYED THE SAME DATE HERE-WITH, A DISTANCE OF 152.4o FEET TO A 1/2" IRON ROD WITH A CAP
MARKED "STEVENS RPLS 4339" SET FOR THE NORTHWEST CORNER OF THJS TRACT;
THENCE DUE EAST A DISTANCE OF 437.02 FEET TO A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339"
SET IN THE WEST RIGHT-OF-WAY LINE OF MILWAUKEE A VENUE, DESCRIBED AND RECORDED IN VOLUME 9654,
PAGE 319 OF THE OFFICL\L PUBLIC RECORDS OF LUBBOCK COUNTY, FOR THE NORTHEAST CORNER OF THIS
TRACT;
THENCE S. 00° 03' 21" W., ALONG SAID RIGHT-OF-WAY LINE OF MILWAUKEE A VENUE, A DISTANCE OF 152.46 FEET
TO A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" SET IN THE NORTH RIGHT-OF-WAY LINE OF SAID
EASEMENT FOR THE SOUTHEAST CORNER OF THIS TRACT;
THENCE DUE WEST, ALONG THE NORTH RJGHT-OF-WAY LINE OF SAID EASEMENT, A DISTANCE OF 436.87 FEET
TO THE POINT OF BEGINNING. BEARINGS ARE RELATIVE TO SAJD 213.732 ACRE TRACT DESCRIBED IN SAID
VOLUME 9716, PAGE 149.
I, NORRIS STEVENS, REGISTERED PROFESSIONAL LAND SURVEYOR. DO HEREBY CERTIFY THAT THIS
DESCRIPTION WAS PREPARED FR.OM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION
HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SURVEYED AUGUST 29, 2007
NORRIS STEVENS
R.P.L.S. 4339
SURVEYOR'S REPORT:
THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND AC CURA TE TITLE SEARCH.
FOUND MONUMENTS ARE ACCEPTED AS CONTROLLJNG EVIDENCE DUE TO SUBSTANTIAL AGREEMENT
WITH RECORD DOCUMENTS
070832 1.529ac.
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DESCRIPTION OF A
5.00 ACJU: TRACT OF LAND IN
SECTION 38, BLOCK AK.
LUBBOCK COUNTY, TEXAS
63 1 0 Genoa Ave. Suite A Lubbock TX. 79424
Phone; 806-687-I 569 Fax; 806-687-1569
E-mail: stevenssuNey@hotmail.com
(PLAT OF SURVEY ON SEPARATE DOCUMEN1)
A 5.00 AO.U: lRACT OF LAND LOCATED IN SECTION 38, BLOCX AK, LUBBOCK COUNIY, TEXAS, BEING A PORTION
OF 1HAT CERTAIN 213.732 A<:RE lRACT OF LAND DESCRIBED IN A WARRAN1YDEED RECORDED IN VOLUME 9716,
PAGE 149 OF 1HE OFFIOAL PUBUC RECORDS OF LUBBOCK COUNIY, SAID 5.00 ArnE lRACT BEING FURlHER
DESQUBED AS FOLLOWS:
BEGINNING AT A 1/2" IR.ON ROD WITII A CAP MARKED "STEVENS RPLS 4339" SET IN 'IHE NORTII RIGHT-OF-WAY
LINE OF AN ELECIRIC lRANSMISSION LINE EASEMENT DESCRIBED AND RECORDED IN VOLUME 1062, PAGE 517
OF TiiE DEED RECORDS OF LUBBOCK COUNIY, AND IN 1HE EAST LINE OF SAID 213.732 ACRE 'IRACT FOR THE
SOUTHEAST CORNER OF nns 'IRACT, WHENCE TiiE N0RlHEAST CORNER OF SECTION 38 BEARS DUE EAST A
DISTANCE OF 324.28 FEET AND DUE NORTII A DISTANCE OF 1793.00 FEET, PER CALLS IN PREVIOUS DEED;
1HENO:: DUE WEST, ALONG 1HE N0RTIIRIGHT-OF-WAY LINE OF SAID EASEMENT, A DISTANCE OF 504.17 FEET
TO A 1/2" IRON ROD WITII A CAP MARKED "STEVENS RPLS 4339" SET FOR 1HE SOUIHWEST OORNER OF nns
lRACT;
1HENCE DUE NOR1H A DISTANCE OF 432.00 FEET TO A 1/2" IB.0N ROD WI1H A CAP MARKED "STEVENS RPLS
4339" SET FOR THE NORlHWEST CORNER OF TI-IIS 1RACT;
1HENCE DUE EAST A DISTANCE OF 504.17 FEET TO A 1/2" IRON ROD WITII A CAP MARKED "STEVENS RPLS 4339"
SET IN 1HE EAST LINE OF SAID 213.732 ACRE lRACT FOR TiiE NORTiiEAST OORNER OF lHS 1RACT;
1HENCE DUE SOUIH, AT ADISTANCE OF 279.54 FEET PASS A 1/2" IRONRODWI1HACAPMARKED "STEVENSRPLS
4339" SET FOR 1HE NOR'IHWEST CORNER OF A 1.529 ACRE lRACT OF LAND SURVEYED AUGUST 29, 2007,
CONTINUING FOR A TOTAL DISTANCE OF 432.00 FEET TO TiiE POINT OF BEGINNING. BEARINGS ARE RELATIVE
TO SAID 213.732 ACRE 'IRACT DESCllJBED IN SAID VOLUME 9716, PAGE 149.
I, NORRIS STEVENS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY lHAT nns
DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF 11iE PROPERTY AND lHAT 1HE INFORMATION
HEREON REPRESENTS lHE FINDINGS OF nns SURVEY TO 'IHE BEST OF MY KNOWLEDGE AND BELIEF.
SURVEYED SEPTEMBER 21, 2007
NORRIS STEVENS
RP.L.S. 4339
SURVEYOR'S REPORT:
TIIlS SURVEY IS SUBJECT TO ANY FACTS 1HATMAY BE DISCLOSED BY AFUI.L AND ACCURATE TITI.E SEARQi
FOUND MONUMENTS ARE Acx:EPTED AS OONI'ROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT
WI1HRECORD DOCUMENTS
07093 l 5.00ac.(07083:IB.ev.)
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