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Home My WebLink AboutOrdinance - 2004-O0120 - Amend Zoning Ordinance Making Changes: Case 3023; Wal-Mart Super Center Overton - 10/28/2004First Reading October 28, 2004 Item No. 46 ORDINANCE NO. 2004-00120 Second Reading November 4, 2004 Item No. 20 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK.ING THE FOLLOWING CHANGES: ZONE CASE NO. 3023; A ZONING CHANGE FROM IHC, A-2, R-2 AND R-3 TO IBC SPECIFIC USE FOR A WAL-MART SUPER CENTER ON ALL OF BLOCKS 31, 32, 107, 108, 111 AND LOTS 13 THROUGH 24 OF BLOCK 33, OVERTON ADDITION, 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 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. 3023 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from IHC, A-2, R-2 and R-3 to IHC Specific Use for a Wal- Mart Super Center under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on all of Blocks 31, 32, 107, 108, 111 and Lots 13 through 24 of Block 33, Overton Addition, City of Lubbock, Lubbock County, Texas, located at Avenue T to Avenue R from 4th Street to 7th 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 zoning be tied to the proposed site plan, building elevation, materials and signage. Should a fifty-foot parcel to the north be acquired, the building may shift to the north. 2. THAT a seven foot perimeter fence (materials illustrated on the site plan) on a major portion of the south and west boundary, with one drive cut through the fence on 7th for truck traffic. The entrance will be designated to enter from east, and to exit to the east, to discourage any truck traffic west to Avenue T. 3. THAT except in one location on Avenue T, a ten-foot strip of private property exists outside the fence adjacent to ih Street and Avenue T for landscaping. 4. THAT the zoning be tied to the parking as illustrated. 5. THAT the zoning be tied to the proposed landscape areas. 6. THAT a outdoor display is permitted at the designated locations (noted on the site plan) under canopy along the front of the building and at the garden center area. 7. THAT an outdoor display area is located in the parking lot that is surrounded by a wrought iron fence with landscaping. The facility is designed for customers to drive thru and load bagged or other bulky goods. 8. THAT the garden center has an exterior wrought iron fence on the east from and a tall chain link fence on the north storage area. 9. THAT a setback of the proposed gasoline canopy for the facility located adjacent to the former Avenue Sand 4th Street. 10. THAT within this Specific Use Permit the sign package illustrates the wall signage and three freestanding signs: a. A primary freestanding sign on Marsha Sharp adjacent to the existing Avenue Snot to exceed 35 feet in height. b. A pedestal style sign on one of the Avenue R entrances. c. A freestanding sign in the parking lot directing the way to the tire and lube center. 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 IHC, A-2, R-2 and R-3 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 all of Blocks 31, 32,107,108, 111 and Lots 13 through 24 and the south 50 feet of Lots 1 through 12 of Block 33, Overton Addition, City of Lubbock, Lubbock County, Texas. Zone Case No. 3023 page-2 of 4 SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and Noll 00 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 28th day of October , 2004. Passed by the City Council on second reading this 4th day of November , 2004. TOM MARTIN, MAYOR PRO TEM ATTEST: APPROVED AS TO FORM: ~-·c_ c...--Y c:%-7~-, a.-e£_ .... Linda L. Chamales Senior Attorney Office Practice Zone Case No. 3023 page-3 of 4 Ordinance No. 2004-00120 EXHIBIT "A" METES AND BOUNDS DESCRIPTION of an approximate 23.8 acre tract located in Section 2, Block 0, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 2, Block 0, and in the centerline of Avenue "R", which bears West, an approximate distance of 1040 feet from the Northeast corner of Section 2, Block 0, Lubbock County, Texas; THENCE South, along the centerline of Avenue "R", an approximate distance of 1162 feet to a point in the centerline of J1h Street; THENCE West, along the centerline of J1h Street, an approximate distance of 1015 feet to a point in the centerline of A venue "T"; THENCE North, along the centerline of A venue "T", an approximate distance of 905 feet to a point in the centerline of a 20 foot wide alley; THENCE East, along the centerline of said 20 foot wide alley, an approximate distance of 325 feet; THENCE North, at 10 feet pass the Southeast corner of Lot 7, Block 33, Overton Addition to the City of Lubbock, Lubbock County, Texas, and continuing along the East line of said Lot 7, Block 33, for a total approximate distance of 60 feet; THENCE East an approximate distance of 300 feet to a point in the West right-of-way line of Avenue "S"; THENCE North, along the West right-of-way line of Avenue "S", at approximately 147 feet pass the South right-of-way line of 4th Street, and continuing for a total approximate distance of 197 feet to a point in the North line of Section 2, Block 0, Lubbock County, Texas; THENCE East, along the North line of Section 2, Block 0, an approximate distance of 390 feet to the Point of Beginning. ke/ccdocs/ ZC3023 October 20, 2004 Zone Case No. 3023 page-4of4 Ordinance No. 2004-00120 ZONE CASE No. 3023 THIS POINT BEARS WEST AN APPROXIMATE DISTANCE OF 1040' FROM THE NORTHEAST CORNER OF SECTION 2, BLOCK O ~ . 3901 ~ -------------4th-------s ......... ~---------------- h :ET =-7 I I I I -~ ,.D. 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