HomeMy WebLinkAboutOrdinance - 2012-O0110 - Amending Zoning Ordinance: Zone Case No. 3185; Specific Use For A Wholesale/Reta - 09/27/2012First Reading
September 27, 2012
Item No. 6.1
ORDINANCE NO.2012-00110
Second Reading
October 11, 2012
Item No. 5.23
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3185; A ZONING CHANGE FROM R-1 TO C-3
SPECIFIC USE FOR A WHOLESALE/RETAIL STORE, ON 20.21 ACRES OF
LAND LOCATED IN BLOCK AK, SECTION 44, LUBBOCK, TEXAS; SUBJECT
TO CONDITIONS; PROVIDING A PENAL TY; PROVIDING A SA VINOS 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 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 detennined 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. 3185
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from R-1 to C-3 Specific Use for
wholesale/retail store on 20.21 acres of land located in Block AK, Section 44,
City of Lubbock, Lubbock County, Texas, located at Northwest corner of West
Loop 289 and 34•h 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 zone change be tied to the proposed site plan for the "big
box" location with the ability to adjust for minor changes on the west
and north as actual construction plans are developed.
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 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 R-1 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
Northwest corner of West Loop 289 and 34th 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/I 00 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
· 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 September 27, 2012
Passed by the City Council on second reading on October 11, 2012
Zone Case No.3185
page -2 of 3
ATTEST:
APPROVED AS TO ONTENT:
APPROVED AS TO l·ORM:
Chad Weaver
Assistant City Attorney
vw/CilyAU/Clmll/Zon~s/ZC3 I 85
September 6. 2012
Zone Case No.3185
page -3 or 3
Ordinance No. 2012-00110
AMD ENGINEERING, LLC
Rezone to "C3-Specific Use"
M FTES AND l3OUN DS Dl ;scR I PTION or a 20.21 acr<.! tract of land lm:atcd in S.:ction 4'-l.
Block AK, Lubbock County, Texas: prepared for Zone Change Purposes unly and being further
described as follows:
REG INN ING at the so11tll\\cs! cnrncr or Lot 1. /\n:h Lamb ,\ddition. a p11int on the north Right-
nf-\Vay line of 3--lth Street. in the abo\'c said Section -U. l3lock 1\K:
Tl !ENCE N 88°os·so·· \\' along the 11011h Right-of-Way line nr 3-!th Strcl't an approximate
distance of 815.21 feet:
THENCE N 01 °51 ·.trE an apprm.:inrntc distance of 7'-17.55 fcct:
Tl IENCI__:, S 88°08'50" E an approximate distance of 1184.23 tcct;
THENCE S 00°24 '28"' \\' along the west Right-of-Way line of West Lnnp 289 an approximak!
distance of 520.90 fed:
THENCE Southeasterly. along the above said west Right-of-Way line of West Loop 289 with a
cun·e tn the right. having. a radius or 215 feet. a central angle or 9 l "'J rr -18"'. a i.:hord distance of
.108.0.J foct. a chord bearing nf S .16°06 ·09 .. \V and an an.: length nf .1--lJ.40 fed:
THENCE S 01 °51 •33·· Wan approximate distance of 6.10 feet:
Tl ll~NCE N 88°09" IT' Wan approximate distance or 17.15 kct tn 1hc southcast corner of Lo! I.
Arch Lamb Addition and a point on the north Right-of-Way line or 341
" Street;
Tl I ENCE N 88° 1 o· l 1 ·· W continuing along the above said trnrt h I{ ig.hH1f:. Way I inc nf 341
" Stred
and the south property I inc of l .nt 1. Arch Lamb Addition an apprm.: imatc distance of 150.19 feel
to the Point of Beginning and containing approximately 20.21 acres. including any Right of Way.
PREPARED FOR 7.ONF Cl 1/\N(il: REQUEST ONLY: flOES NOT REPRESENT A SURVEY.
Prepared for: XNO. LLC
August 6. 2012
P ··2GI ',•,110\4-X¾O DEVELOPl,l~~,1 I C54-l{;NE CHAN~!: CJ le< 2121 acre l!ace doc