HomeMy WebLinkAboutOrdinance - 2008-O0045 - Amending Zone Case NO. 3089-A; Change From AM To C-4; Mini-Warehouse - 04/24/2008First Reading
April 24, 2008
1 Item No. 6.4
ORDINANCE NO. 2008-00045
Second Reading
May 8, 2008
Item No. 5.15
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3089-A; A ZONING CHANGE FROM AM TO C-4
SPECIFIC USE FOR A MINI-WAREHOUSE ON 6.08 ACRES OF UNPLATTED
LAND OUT OF SECTION 21, BLOCK AK, 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 detennine 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 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 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. 3089-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock from AM to C-4 Specific Use for a mini-
warehouse on 6.08 acres of unplatted land out of Section 21, Block AK, City
of Lubbock, Lubbock County, Texas, located west of Frankford Avenue at
1041h Street, subject to conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the project will be tied to the site plan with amendments as
follows:
a . The r~rst phase west fence may be metal panels.
b. The second phase shall be completed prior to 2015, or the new
wall and landscape area noted on the site shall be installed at
the same time the homes are constructed to the west.
c. The second phase west fence shall be a material that meets the
definition of "masonry". The twenty feet of setback shall be
from the property line.
d. When Phase II is constructed, in conjunction with the
masonry wall the setback of the wall from the property line
shall be twenty feet (20') and that area shall be landscaped as
a buffer for the residential to the west.
e. The front adjacent to Frankford Avenue shall be designed to
meet minimum setback from the front property line. In
addition, the area adjacent to Frankford Avenue shall have a
minimum of 5% landscape for the portion of the tract that
abuts Frankford Avenue (200 feet by 263 feet with a total of
52,600 square feet. The minimum landscape shall be 2,630
square feet), excluding the parkway (the dirt portion of the
right of way), which is also required to be landscaped as per
the Zoning Code.
Zone Case No. 3089-A
page -2 of4
2. THAT the project shall be tied to the proposed building elevation
facing toward Frankford Avenue and the remainder of the site plan
submitted.
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 AM 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) (25) of Codified Zoning Ordinance No. 7084 on the property described above
and located west of Frankford Avenue at 104tJJ Street, 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 24th day of Apri 1 '2008.
Passed by the City Council on second reading this 8th day of May '2008.
-~7::>-#~4--.. -
DAVID A. MILLER, MAYOR
Zone Case No. 3089-A
page-3 of4
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
CJ<-/:_c:;Y'~~
Linda L. Chamales
Senior Attorney Office Practice
vw/cityatt/Linda/ZoneCases/ZC3089-A
April 9, 2008
Zone Case No. 3089-A
page-4 of4
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PAUI'O' 1'ltACl' IICOltPED IN a.DIC'S N0.111'71211Jt,
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6.3252 ACRE TRACT 9EJHG F'UimfER OESCRt8ED AS FOU.OWS:
BEGINNING AT A POINT IN THE EAST UNE OF SAID SECTION 21 FOR D-lE NORTHEAST
CORNER OF THIS TRACT, WHENCE THE NORTH£AST CORNER OF' S/1.10 SECTION 21 9£ARS
N. 00' 01' .35" W. A DISTANCE OF 2143.93 FEET (PER CAU.S IN f>AE.'IIOUS OEtD);
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OF SAID SEC1'10N 21 fOR THE WOST E'ASTERI.Y SOUTHEAST CORNER OF THIS· TRACT,
WHENCE A RAILROAO SPIKE FOUND AT THE SOUTHEAST CORNER OF SAID S€CTION 21
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'THENCE S. 89" !;8' 25" W., AT A OISTANC£ OF 55.00 fE£T PASS A 1/2" IRON ~D
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THENCE S. 00' 01' 35" E., AT A DISTANCE OF 259.78 FEET PASS A 1/2" IRON ROO
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THENCE N. 89' 57' 55" W.. ALONC TH€ SOOTH UNE OF SAID NORTHEAST QUARTER. A
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CAP t.IARt<£0 ·S'!ti/ENS RPLS 4339" SET FOR AN EU CORNER OF' THIS TRACT;
THE:l«:E: N. 00' 01' J5" W. A DISTANCE OF' 140.00 FEET ro A 1/2" IRON ROO WITH A
CAP NARKEO "STEVENS RPLS ~39~ SET FOR THE MOST NOR'I"H~I.Y NORTHWEST CORNER
OF THIS TRACT;
THENCE N. 89" 58' 25" E., AT A DISTANCE OF 208.00 FEET PASS A 1 /2* tP.ON ROC
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HERESY CERTIFY TO POSTAR &: POSTAR THAT ll1IS PLAT AHO DESCRIPTION
WAS PREPARtO F'ROt.l AN ACTUAL SUFM:Y OF' THE PROPERTY ANO THAT THE
INF'ORWATlON HEREON REPRESENTS THE FINDINGS 01" THIS SURVEY TO THE
BEST OF MY KNOWLEO<It: AN0 8EIJU •
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UP • UTIUTY POLE.
--OHE --• 0\IERHOO ELECTRIC UNE.
Pt.lRO • PHYSICAL MONUWENT OF' R£CORO DIGNITY.
THIS PLAT INVAUO UNLESS IT etARS SURVEYOR'S
ORIGINAL SIGNATURE ANO EMBOSSED S£AL
80S 687-1569 6310 C~QA SUITE A
806 44f-24t2 LUBBOCK. TX 79424
PREPAIUD FOR: POST.U. It POSrAR DOS