HomeMy WebLinkAboutOrdinance - 2017-O0027 - Zone Case 3302 - 03/09/2017First Reading
February 23, 2017
Item No. 7.2
ORDINANCE NO. 2017-0()027
Second Reading
March 9, 2017
Item No. 7.3
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3302; A ZONING CHANGE FROM T TO A-2
SPECIFIC USE FOR APARTMENTS, GO AND C-4 SPECIFIC USE FOR MINI -
WAREHOUSES, ON 20.52 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 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 coning; 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. 3302
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 A-2 Specific Use for Apartments,
GO and C-4 Specific Use for mini -warehouses on 20.52 acres of unplatted
land out of Block E-2, Section 22, City of Lubbock, Lubbock County, Texas,
located at South of 114th Street and West of Memphis Avenue, 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 C-4 Specific conditions set forth in the City of Lubbock
Code of Ordinances for Mini -warehouses be tied to the site plan and
elevation, and tied to the conditions set forth by the neighborhood
association:
a. Minimum of 2.5 inch caliper tree planted every 25 fee on center
along 114th Street and Memphis Avenue and maintained.
b. Non -garage apartment units will remain on the back/south side of
the property. All units fronting 1141h Street will have garages.
c. No more than 50 parking spaces on the North front, 114111 Street,
of the complex.
d. Wrought iron fence with brick columns all along 1141h Street and
all along Memphis Avenue of the A-2 Tract. Furthermore,
wrought iron fence with brick, 6' columns will separate West side
of project between Garden Office and Apartment Complex,
running approximately 220 feet. Brick columns to match the brick
fagade choice of the Apartment Complex. The back end/South of
the property shall have a brick wall matching the rest of the
development.
e. Apartment Complex will not exceed two stories.
f. Storage units will not exceed one story throughout the project.
g. All outdoor storage (RV, boats, or vehicles) is prohibited on site.
h. In the event the storage units are constructed first, the facade of
the storage portion facing the GO tract will be brick matching the
face of the storage elevation as seen in the rendering.
2. THAT the signage limitations on storage facility shall comply with the
Garden Office Zoning.
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
Zone Case No. 3302
page - 2 of 4
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 114th Street and West of Memphis 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 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 February 23, 2017
Passed by the City Council on second reading on March 9, 2017
ATTEST:
Reb cca Garza, City ecre ary
APPROVED AS TO CONTENT:
DANIEL M. POPE, MAYOR
Zone Case No. 3302
page - 3 of 4
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
vw: CityAtt/JustimZones ZC3302
February 2, 2017
Ley
Zone Case No. 3302
page -4of4
['-.AM!3
AMD ENGINEERING, LLC
Rezone to A-2
METES AND BOUNDS DESCRIPTION of a 13.68 acre tract of land located in Section
22, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point for the Northeast and beginning corner of this tract, whence the
Northwest corner of Section 22, Block E-2 bears N88'1 7'04"W, approximately a
distance of 2637.4 feet and NO1°49'08"E, approximately a distance of 55.0 feet;
THENCE SOI°47'27"W, approximately a distance of 532.6 feet to a point for the
Southeast corner of this tract;
THENCE N88017'04"W, approximately a distance of 1118.3 feet to a point for the
Southwest corner of this tract;
THENCE N01042'30"E, approximately a distance of 532.6 feet to a point for the
Northwest corner of this tract;
THENCE S88017'04"E, approximately a distance of 1119.0 feet to the Point of
Beginning and containing approximately 13.68 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Jordan Wheatley
December 8, 2016
PA2016116145•WHEATLu-pr TS APARTIAMSURVEYINGTIELDNOtDESCRIPTIONS116145-S22SE21CNECHANGE TOA2.doc
491�* AMID ENGINEERING, LLC
Rezone to G.O.
METES AND BOUNDS DESCRIPTION of a 0.76 acre tract of land located in Section
22, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at a point for the Northwest and beginning corner of this tract, whence the
Northwest corner of Section 22, Block E-2 bears N88'1 7'04"W, approximately a
distance of 1518.3 feet and NO1 °49'08"E, approximately a distance of 55.0 feet;
THENCE SO 1042'30"W, approximately a distance of 220.0 feet to a point for the
Southeast corner of this tract;
THENCE N88° 17'04"W, approximately a distance of 150.0 feet to a point for the
Southwest corner of this tract;
THENCE NO1°42'30"E, approximately a distance of 220.0 feet to a point for the
Northwest corner of this tract;
THENCE S88017'04"E, approximately a distance of 150.0 feet to the Point of Beginning
and containing approximately 0.76 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Jordan Wheatley
January 10, 2017
RVO16116145-WHEATLEY-PTTS APARTMEN RSURVEYINGVIELONOTE DESCRIPTIONS116145-S22BE2-ZONE CHANGE TO GO.doc
AMD ENGINEERING, LLC
Rezone to C-4 Specific Use
METES AND BOUNDS DESCRIPTION of a 6.04 acre tract of land located in Section
22, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and
being further described as follows:
BEGINNING at apoint for the Northwest and beginning corner of this tract, whence the
Northwest corner of Section 22, Block E-2 bears N88°17'04"W, approximately a
distance of 1268.3 feet and NO1 °49'08"E, approximately a distance of 55.0 feet;
THENCE S88017'04"E, approximately a distance of 100.0 feet to a point for the most
Northerly Northeast corner of this tract;
THENCE SOI 042'30"W, approximately a distance of 200.0 feet to a point for a corner of
this tract;
THENCE S88017'04"E, approximately a distance of 150.0 feet to a point for a corner of
this tract;
THENCE SO 1042'30"W, approximately a distance of 312.6 feet to a point for a corner of
this tract;
THENCE S88007'04"E, approximately a distance of 409.6 feet to a point for a corner of
this tract;
THENCE S01042'56"W, approximately a distance of 250.0 feet to a point for the
Southeast corner of this tract;
THENCE N88017'04"W, approximately a distance of 659.6 feet to a point for the
Southwest corner of this tract;
THENCE NO 1042'30"E, approximately a distance of 782.6 feet to the Point of Beginning
and containing approximately 6.04 acres, including any Right of Way.
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.
Prepared for: Jordan Wheatley
January 10, 2017
P:12016116145-WHEATLEY-PITiS APARTMEN RSURVEYING%FIELDNOTE DESCRIPTIONS116145-S22BE2-ZONE CHANGE TO C4 SPEC USE.da