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Home My WebLink AboutOrdinance - 2014-O0007 - Zone Case No. 3199-B - 01/23/2014First Reading January 9, 2014 Item No. 6.7 ORDINANCE NO. 2014-00007 Second Reading January 23, 2014 Item No. 5.26 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3199-11; A ZONING CHANGE FROM C-3 AND T TO C-3 SPECIFIC USE ON 24.815 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 22, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING IFOR 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 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 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: IBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3199-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are lamended as follows: A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from C-3 and T to C-3 Specific Use on 24.815 acres of unplatted land out of Block E-2, Section 22, City of Lubbock, Lubbock County, Texas, located at southeast corner of Quaker Avenue and 114th 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 and elevations including: a. A 12' high dividing barrier (combination of berm and double masonry fence) along the North property line extending from Norwood Ave to the East property line.) Minimum 6' high fence to match the Orchard park masonry fence across 114th St to the North. b. Landscaping will be required to be maintained with mature trees with a combination of 4"-6" diameter trunks (minimum) spaced a minimum of 25' on center and also be combined with other live landscaping. c. A 6' tall Masonry (stamped concrete panel) screening fence along the South and East property line is required. The fence will be continuous and uninterrupted. d. The Pharmacy will be located on the North end of the store while the Garden Center, Automotive Center and Loading Docks will be located at the South end of the store. e. No additional driveways will be allowed at any future period in addition to the two proposed along 114th St. and the two proposed along Quaker for the development. Access to the outparcels created will not be allowed additional curb cuts and must be accessed through the proposed means of egress. f. The combination of any of the four outparcels along the West property line to create a larger parcel is not permitted. g. Main freight and delivery entrance by trucks will be limited to the South most approach (curb cut) along Quaker Avenue. h. There shall be no overnight parking on any portion of the proposed parcel by anyone. Signs must be posted and meet the city of Lubbock standard for signs. i. Wal -mart will comply with all City codes and Ordinances regarding storage containers. j. The locations, size and elevations of the signs shall conform to the site plan. Zone Case No. 3199-B page - 2 of 4 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 C-3 and T 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 southeast corner of Quaker Avenue and 1141h 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 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 January 9, 2014 Passed by the City Council on second reading on January 23, 2014 ATTEST: Garza, City Secretary GLE C. ROBERTSON, MAYOR Zone Case No. 3199-B page - 3 of 4 PROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/CityAtt/Chad/Zones/ZC3199-B December 10, 2013 Zone Case No. 3199-B page - 4 of 4 -_ Hl. GO REED AND ASSOCIATES, INC. u 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 80 617 63-3 891 y' TEXAS REGISTERED ENGINEERING -_ FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS C\► METES AND BOUNDS DESCRIPTION of a 24.815 acre tract of land located in the Northwest Quarter of Section 22, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap found in the South right-of-way line of 114th Street as described under County Clerk File No. 2011009301 of the Official Public Records of Lubbock County, Texas at the most Northerly Northwest corner of this tract, which bears S. 88°17'04" E. a distance of 94.85 feet and S. 01 °42'56" W. a distance of 55.00 feet from the Northwest comer of Section 22, Block E-2, Lubbock County, Texas; THENCE S. 8817'04" E., along said South right-of-way line, a distance of 1174.05 feet to a 5/8" iron rod set for the Northeast corner of this tract; THENCE S. 01 042'56" W. a distance of 892.77 feet to a 5/8" iron rod set for the Southeast corner of this tract; THENCE N. 88017'04" W. a distance of 1215.53 feet to a 5/8" iron rod set in the East right-of-way line of Quaker Avenue as described under County Clerk File No. 2011009301 of the Official Public Records of Lubbock County, Texas for the Southeast corner of this tract; THENCE N. 01048'50" E., along said East right-of-way line, a distance of 454.79 feet to a 1/2" iron rod with cap found at a point of intersection; THENCE N. 04040'35" E., continuing along said East right-of-way line, a distance of 200.25 feet to a 1/2" iron rod with cap found at a point of intersection; THENCE N. 01'48'50" E., continuing along said East right-of-way line, a distance of 208.05 feet to a 1/2" iron rod with cap found at the most Westerly Northwest corner of this tract, same being a point of curvature; THENCE Northeasterly, continuing along said East right-of-way line around a curve to the right, said curve having a radius of 30.00 feet, a central angle of 8954'06", tangent lengths of 29.95 feet and a chord distance of 42.39 feet to the Point of Beginning. Contains: 1,080,933 square feet. Bearings are relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are Surface, U.S. Survey Feet. Surveyed on the ground July 19, 2013. - Brent Carroll Registered Professional Land Surveyor No. 5410 State of Texas OFA, P�%'r STlcr'�'• BRENT CARROLL 5410 {�A�&yrs SUS ,�.<