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HomeMy WebLinkAboutOrdinance - 2017-O0019 - Zone Case 3303 - 02/09/2017First Reading Item No. 7.7 January 26, 2017 Second Reading Item No. 6.5 February 9, 2017 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3303; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE, R-2 SPECIFIC USE, GO, C-2, C-3, AND IDP FOR REDUCED SET BACKS ON 135.2 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 24, 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 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: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3303 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 T to R-1 Specific Use, R-2 Specific Use, GO, C-2, C-3. And IDP for reduced setbacks on 135.2 acres of unplatted land out of Block E-2, Section 24, City of Lubbock, Lubbock County, Texas, located at South of 1141h Street and East of Frankford Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: THAT the front setbacks on the property zoned R-1 Specific Use and R-2 Specific Use be: a. 20' front setback and 5' front setback on cul-de-sac lots. 2. THAT the IDP Zoning limited to the following uses: a. Any use unconditionally permitted in the C-2 zoning district b. Office warehouse allowing retail and wholesale sales and allowing related storage, repair and fabrication of materials and equipment conducted inside the building. There shall be no minimum ratio of lot width to lot depth. d. There shall be no minimum lot size. e. The maximum height shall be twenty-four (24) feet with no windows above ten (10) feet on any side adjacent to R-1 or R-2 zoning (even if separated by an alley). f. No outside storage is permitted. g. For all buildings on the development lot, front and side building facades shall be 1000'0 (excluding glass and door openings) brick, stone, stucco, or other similar non-metal and non -wood material. Painted CML Masonry or metal siding is not permitted on front and side facades. Decorative metal awnings or roof tile awnings are permitted. h. Rear facades of all buildings may be metal or painted masonry similar in color to the front and side building materials. i. Garage doors, loading docks, and other receiving area access doors are permitted on the rear facade only. However, if an additional building is placed on the lot behind the main front building, garage doors, loading docks, and other receiving area access doors are permitted on the front Zone Case No. 3303 page - 2 of 4 facade of the additional building as long as said doors are not visible from the street. j. Solid waste service shall be handled within the development lot. Trash enclosures shall be located behind front line of the building. No vehicular or pedestrian access is permitted from the development lot to alleys abutting any residentially zoned district (including apartments). k. A masonry rear facade of a building may be utilized in lieu of the standard required screening fence where the development lot abuts residentially zoned property. Said masonry wall may not contain any doors, windows, or other forms of access to the alley. 1. Prior to issuance of any building permit, site development plans and building elevations shall be approved by the Planning and Zoning Commission in accordance with Section 40.03.2371 of the Lubbock Code of Ordinances. 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 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 South of 114t' Street and East of Frankford Avenue, 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 No1100 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. Zone Case No. 3303 page - 3 of 4 AND IT IS SO ORDERED. Passed by the City Council on first reading on Janrrary 96, 2017 Passed by the City Council on second reading on February 9,2017 ATTEST: —-If 5C Ree a Garza, City Secretar Tk—) APPROVED AS TO CONTENT: -_ "'W'ev Andrew Paxton, Director of Planning APPROVED AS TO FORM: s Justin D. itt, Ass' taut City Attorney vw, CityAtt/Justin,-Zones: ZC3303 January 5, 2017 L_j DANIEL M. POPE, MAYOR Zone Case No. 3303 page -4of4 HUGO REED AND ASSOCIATES, INC. FWW Em 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-56421 FAX 8061763-3891 �EffffW55h 11 TEXAS REGISTERED ENGINEERING FIRM F-760 „ TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEY13RS CIVIL ENGINEERS EXHIBIT "A" PROPOSED C-2 ZONING METES AND BOUNDS DESCRIPTION of an approximate 7.7 acre tract of land located in Section 24, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of said Section 24, Block E-2, for the Northwest corner of this tract which bears S. 01 °39'41" W. an approximate distance of 772.0 feet from the Northwest corner of Section 24, Block E-2, Lubbock County, Texas; THENCE S. 88043'06" E. an approximate distance of 365.7 feet to a point for the Northeast corner of this tract; THENCE S. 01 016'54" W. an approximate distance of 910.0 feet to a point for the Southeast corner of this tract; THENCE N. 88043'06"W. an approximate distance of 371.7 feet to a point in the West line of said Section 24, Block E-2, for the Southwest comer of this tract; THENCE N. 01 039'41" E., along the West line of said Section 24, Block E-2, an approximate distance of 910.0 feet to the Point of Beginning. Contains: Approximately 7.7 acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. PREPARED FOR: SWLLD, LLC December 8, 2016 N�i111Y '�IIi1. �.1�41 \�.......... U�IfU HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N 1 LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 EXHIBIT "A" PROPOSED GO ZONING METES AND BOUNDS DESCRIPTION of an approximate 7.6 acre tract of land located in Section 24, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of said Section 24, Block E-2, for the Northwest corner of this tract which bears S. 88043'28" E an approximate distance of 694.4 feet from the Northwest corner of Section 24, Block E-2, Lubbock County, Texas; THENCE S. 88043'28" E., along the North line of said Section 24, Block E-2, an approximate distance of 1090.7 feet to a point for the Northeast corner of this tract; THENCE S. 01 019'46" W. an approximate distance of 305.2 feet to a point for the Southeast corner of this tract; THENCE N. 88°43'06" W. an approximate distance of 1090.4 feet to a point for the Southwest corner of this tract; THENCE N. 0116'54" E. an approximate distance of 305.1 feet to the Point of Beginning. Contains: Approximately 7.6 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. PREPARED FOR: SWLLD, LLC December 8, 2016 HUGO REEO AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 Wttv"Itt� il TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" PROPOSED C-3 ZONING METES AND BOUNDS DESCRIPTION of an approximate 12.4 acre tract of land located in Section 24, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northwest corner of this tract, same being the Northwest corner of Section 24, Block E-2, Lubbock County, Texas; THENCE S. 88043'28" E., along the North line of said Section 24, Block E-2, an approximate distance of 694.4 feet to a point for the Northeast corner of this tract; THENCE S. 01 016'54" W. an approximate distance of 772.1 feet to a point for the Southeast corner of this tract; THENCE N. 88043'06" W. an approximate distance of 699.5 feet to a point in the West line of said Section 24, Block E-2, for the Southwest corner of this tract; THENCE N. 01039'41" E., along the West line of said Section 24, Block E-2, an approximate distance of 772.0 feet to the Point of Beginning. Contains: Approximately 12.4 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. PREPARED FOR: SWLLD, LLC December 8, 2016 tllltlll L11.1v� 1�fn.�V HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 18061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 EXHIBIT "A" PROPOSED IDP ZONING METES AND BOUNDS DESCRIPTION of an approximate 5.4 acre tract of land located in Section 24, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of said Section 24, Block E-2, for the Northwest corner of this tract which bears S. 01 *39'41"W. an approximate distance of 1682.0 feet from the Northwest corner of Section 24, Block E-2, Lubbock County, Texas; THENCE S. 88043'06" E. an approximate distance of 371.7 feet to a point for the Northeast corner of this tract; THENCE S. 01 016'54" W. an approximate distance of 632.6 feet to a point for the Southeast corner of this tract; THENCE N. 88045'59" W. an approximate distance of 375.9 feet to a point in the West line of said Section 24, Block E-2, for the Southwest corner of this tract; THENCE N. 01°39'41" E., along the West line of said Section 24, Block E-2, an approximate distance of 632.9 feet to the Point of Beginning. Contains: Approximately 5.4 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. PREPARED FOR: SWLLD, LLC December 8, 2016 HUGOREED LANcDTEASXAS 9S O CIATES 401 18061763-5642 1 FAXB017N-O. 1601 AVENUE N I TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 EXHIBIT "A" PROPOSED R-1 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 92.1 acre tract of land located in Section 24, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point, for the most Northerly Northwest corner of this tract, which bears S. 01 016'54" W. an approximate distance of 305.1 feet and S. 88°43'28" E. an approximate distance of 694.4 feet from the Northwest comer of Section 24, Block E-2; THENCE S. 88043'06" E. an approximate distance of 1090.4 feet to a point for the most northerly Northeast corner of this tract; THENCE S. 01019'46" W. an approximate distance of 194.1 feet to a point; THENCE S. 88038'57" E. an approximate distance of 183.5 feet to a point; THENCE S. 01'47'46" W. an approximate distance of 345.6 feet to a point; THENCE S. 88045'36" E. an approximate distance of 673.4 feet to a point in the East line of the Northwest quarter of said Section 24, Block E-2, for the most Easterly Northeast comer of this tract; THENCE S. 01 044'28" W., along the East line of the Northwest quarter of said Section 24, Block E-2, an approximate distance of 1468.3 feet to a point for the Southeast corner of this tract; THENCE N. 88045'59" W. an approximate distance of 2266.2 feet to a point for the Southwest comer of this tract; THENCE N. 01 016'54" E. an approximate distance of 1542.6 feet to a point for the most Westerly Northwest corner of this tract; THENCE S. 88043'06" E. an approximate distance of 333.8 feet to a point; THENCE N. 01 016'54" E. an approximate distance of 467.0 feet to the Point of Beginning. Contains: Approximately 92.1 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. PREPARED FOR: SWLLD, LLC December 8, 2016 LAND 'SURVEYORS CIVIL ENGINEERS HUGOREED1601 AVENUE N / LANcDTEASSOCIATES,XAS 9I 18061763-5642 1 FAX06INC. 1763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 EXHIBIT "A" PROPOSED R-2 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 10.0 acre tract of land located in Section 24, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point, for the Southeast corner of this tract, same being the Southeast corner of the Northwest quarter of Section 24, Block E-2, Lubbock County, Texas; THENCE N. 88045'59" W., along the South line of the Northwest quarter of said Section 24, Block E-2, an approximate distance of 1321.4 feet to a point for the Southwest corner of this tract; THENCE N. 01 038'05" E. an approximate distance of 330.0 feet to a point for the Northwest corner of this tract; THENCE S. 8845'59" E. an approximate distance of 1322.0 feet to a point in the East line of the Northwest quarter of said Section 24, Block E-2, for the Northeast corner of this tract; THENCE S. 01 044'28" W., along the East Line of the Northwest quarter of said Section 24, Block E-2, an approximate distance of 330.0 feet to the Point of Beginning. Contains: Approximately 10.0 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. PREPARED FOR: SWLLD, LLC December 8, 2016 COMPOSITE SKETCH OF PROPOSED ZONING CHANGES LOCATED IN SECTION 24, BLOCK E-2 I I I 1 I I I I I I I THENORTHWESTCOOF I I I I I I I I I I I I I I I I --_---_ i /sEll"l"ll Es ----------------- —L1----------t --------------------J------ / 114TH STREET --------� 1 -- --------r-----r II I I I — j 1 G.O. II 1 i I ; 7.6 ACRES t II I I ----_--- I i � C-3 I 12.4 ACRES 1 II w I i o 1t I I 1 oloi Iw IZ I I u Iw IQ 1 i i ' 1 �z I� LL I ; t I I C-2 t I 7.7 ACRES i I I 1 I T a ; 1 t ! ; 1 J I R-1 SPECIFIC USE j 92.1 ACRES I -----_ I 1 I , 1 ; r--�--T i I I I I I t I I I I I , 1 IDP { 5.4 ACRES � I I 1 I I Lor4 ------ I nO"AV VrDV l " J ' I I I R-2 SPECIFIC i I I ----_—J I l Fl USE al 10.0 ACRES 01 I I , <I I I ' I SOUTH lM'tE OFT}NORRNIEQUARTER OF �I I I SECOON 2IXE�BLOE2 _J I I I 122NQ STREET I I I I 1 I I I I I I I 2 I— Z PROPOSED C-3 ZONING LOCATED IN SECTION .24, BLOCK E-2 I I POINT OF BEGINNING ' THIS POINT IS THE NORTHWEST CORNER OF SECTION 24, BLOCK E-2.' — 088° ' it Ict Lo 0 TlO 0 m I51111 111111, r-- i mr� M� a Om — 28 E 694.4' - -- ---------------- 114TH STREET --------------- W I WI I z o W I N I I I I 0 _ - � LL Y � C-3 I Q ry ; 12.4 ACRES I W �I I ch I 0 I I z I I I I I I I I I i I I I I I I N88043'06 W I I 699.5' Ict Lo 0 TlO 0 m I51111 111111, r-- i mr� M� a Om — I I I� O (D z w Z I (=Hll:1ION 00 I I N 0 I lV J ;� C) I o U LL 411 - LL^' `V I VW Z w Z _O �i � W �- ' Q �I �CD N U I 1� w I ~ TI V WW I Q XF- W I ZO� I 3:_ w a. Z -��j I co Z=w co I M W w�- 0 2 U U) I QO M- w � 'mm 'mmZ I t UI WN 0 Za iLLZ I Q U)�— I ZQ "0 (W mZo0 I O z w x 0 I azw I 5-1Ln0 I IL I �- 1690E 3..VS,9 L. 60N I i I I I I I I I PROPOSED C-2 ZONING LOCATED IN SECTION 24, BLOCK E-2 I I IW� LL x I 0o I Zm I J O I IWz I O 13 j POINT OF BEGINNING U) THIS POINT BEARS S01°39'41"W AN APPROXIMATE I DISTANCE OF 772.0 FEET FROM THE NORTHWEST I CORNER OF SECTION 24, BLOCK E-2. I I I S88°43'06"E 365.7' I I I I I I I I I I 1 I I � I � o LLJ I rn D I Z W I I o I C-2 W 1 7.7 ACRES LL I Z QI M 0 Z IJ._ I I o I cl) I I I I I I I I I I I I N88°43'06"W 371.7' z HUGO = PROPOSED IDP ZONING LOCATED IN SECTION -24, BLOCK E-2 I' I N I W I�C.) I 00 I Iz m I �N I W Z I 3 'o U 1POINT OF BEGINNING I cTHIS POINT BEARS S01°39'41"W AN APPROXIMATE FIill" DISTANCE OF 1682.0 FEET FROM NORTHWEST CORNER OF SECTION 24, BLOCK E-2. iS88°43'06"E 371.7' I I � I N M � I I W �I I z I WI > I I 0 ; IDP 0 ; 5.4 ACRES L Y' I W zl QI I m �I o C) I z N88°45'59"W 375.9' i ALLEY I f� I I L O T ABBE ADD/T/OlV I ( vo% 10221,, Pg. 2,30) I I � I CO N M (D ON Lo 0 0 m IiIII NII VIII /I'll ��1 PROPOSED R-1 SPECIFIC USE ZONING LOCATED IN SECTION 24, BLOCK E-2 I ' I POINT OF BEGINNING I I I I THIS POINT BEARS S01'16'54 -W AN APPROXIMATE I i DISTANCE OF 305.1 FEET AND S88 -4328-E AN -rJ ECnON 2a. RUXK E-2 ----APPROXIMATEDISTANCEOF694.4FEETFROMTHE______ NORTHWEST CORNER OF SECTION 24, BLOCK E-2. _ ____ __ — — ---- -------_ 114TH STREET +,_ Lu -- ---------------------------------- I 'zl I> I II I I I j I S88°43'06"E 1090.4' 194.1' I I "I9'46"W I I ILLI S88"38' W gI `n 3.57'E 185' I Z ZDL6 S88°43'06"E r—r----� I; I I 333.8' cl) 1673.4' ! 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