HomeMy WebLinkAboutOrdinance - 2014-O0050 - Zone Case No. 2424-A - 04/24/2014•_ N NSM
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2824-A; A ZONING CHANGE FROM R-1 TO IHI
SPECIFIC USE FOR A TRUCK STOP, ON 12.5 ACRES OF UNPLATTED LAND
OUT OF BLOCK A, SECTION 9, 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 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:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2824-A
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 IHI Specific Use for a truck stop
on 12.5 acres of unplatted land out of Block A, Section 9, City of Lubbock,
Lubbock County, Texas, located at west of Interstate 27 and south of Regis
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 case is tied to the proposed site plan with the ability for
staff to approve minor changes;
2. THAT an 8' masonry fence and trees shall be placed along the south
boundary;
3. THAT an 8' steel post and wood fence and trees shall be placed along
the west boundary;
4. THAT all lighting on the property shall be down-facing and shielded
to prevent any bleeding of light beyond the property lines;
5. THAT signage shall be provided and installed along frontage road
and residential streets prohibiting truck parking;
6. THAT two signs shall be allowed: one to be 35 feet and one to be 20
feet and that all provisions of the City of Lubbock sign ordinance
shall be complied with;
7. THAT a retention basin shall be placed along the south boundary, as
set forth in the site plan.
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 west of
Interstate 27 and south of Regis 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.
Zone Case No. 2824-A [Amended]
page -2of3
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.
by the City Council on first reading on
by the City Council on second reading on
G C. ROBERTSON, MAYOR
TTEST:
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HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N / LUBBOCK, TEXAS 79401 18061763-5642 1 FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
METES AND BOUNDS DESCRIPTION of a 12.5 acre tract of land located in Section 9, Block A, Lubbock County,
Texas, being further described as follows:
BEGINNING at a point in the West right-of-way line of Interstate Highway No. 27, which bears N. 00°31'39" W. an
approximate distance of 1808.1 feet and N. 89°26'30" E. an approximate distance of 5215.1 feet from the
Southwest corner of Section 9, Block A, Lubbock County, Texas;
THENCE S. 89°26'30" W. an approximate distance of 658.1 feet;
THENCE N. 02°10'43" W. an approximate distance of 622.4 feet to;
THENCE S. 76°17'26" E. an approximate distance of 102.0 feet;
THENCE N. 29°42'56" E. an approximate distance of 143.7 feet;
THENCE N. 00°31'01" W. an approximate distance of 228.5 feet to a point of intersection in the center line of Regis
Street;
THENCE Southeasterly, along the center line of Regis Street, along a curve to the left, said curve having a radius
of approximately 1969.7 feet, a central angle of 13°29'50", a chord distance of approximately 462.9 feet, and a
chord bearing of S. 84°02'52" E. to a point of intersection in the West right-of-way line of Interstate Highway No. 27;
THENCE S. 03°23'04" E., along the West right-of-way line of Interstate Highway No. 27, an approximate distance of
898.3 feet to the Point of Beginning.
Contains: Approximately 12.5 Acres
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.
Prepared for Love's Travel Stops and Country Stores
April 16, 2014
APPROXIMATE 12.5 ACRE TRACT
LOCATED IN SECTION 9, BLOCK A
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FAX: 806/763-3891