HomeMy WebLinkAboutOrdinance - 2016-O0050 - Zone Case 2995-S - 04/14/2016First Reading Second Reading
March 24.2016 April 14.2016
Item No.7.6 Item No.6.6
ORDINANCE NO.2016-00050
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES:ZONE CASE NO.2995-S;A ZONING CHANGE FROM T AND C-3 TO
C-3 AND Ml SPECIFIC USE FOR A WAREHOUSE.ON 1.397 ACRES OF
UNPLATTED LAND OUT OF BLOCK AK,SECTION 30,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 ol'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
WHPTIEAS.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 o\'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.2995-S
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 and C-3 to C-3 and M-1 Specific Use
for a warehouse on 1.397 acres of unplatted land out of Block AK, Section 30,
City of Lubbock, Lubbock County, Texas, located at 7906 Milwaukee 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 north, east, and west walls of the warehouse shall have
masonry or stucco type fagade materials.
2. THAT the M-1 Specific Use portion shall be tied to the proposed 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 T and C-3 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 7906 Milwaukee 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.
Zone Case No. 2995-S
page -2of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading on March 24, 2016
Passed by the City Council on second reading on April 14, 2016
ATTEST:
Reb cca Garza, City Secreiry
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
vw/CityAtt/J ustin/Zones/ZC2995-5
March 3, 2016
GLEN CAWBERTSON, MAYOR
Zone Case No. 2995-5
page - 3 of 3
METES AND BOUNDS DESCRIPTION
PROPOSED C-3 ZONING
METES AND BOUNDS DESCRIPTION of an approximately 1.15 acre tract of land located in Section 30,
Block AK, Lubbock County, Texas being further described as follows:
BEGINNING at a point which bears N. 01°52'10" E., an approximate distance of 291.3 feet and
N. 88005'24" W., an approximate distance of 65.0 feet from the Southeast corner of Section 30, Block
AK, Lubbock County, Texas;
THENCE N. 88005'24" W., an approximate distance of 259.8 feet to a point;
THENCE N. 01°52'10" E., an approximate distance of 188.7 feet to a point;
THENCE S. 88005'24" E., an approximate distance of 269.4 feet to a point;
THENCE S. 04`46'34" W., an approximate distance of 187.1 feet to a point;
THENCE S. 01052'10" W., an approximate distance of 1.8 feet to the Point of Beginning.
METES AND BOUNDS DESCRIPTION PREPARED FOR ZONE CHANGE REQUEST ONLY. DOES NOT REFLECT
AN ACTUAL SURVEY.
METES AND BOUNDS DESCRIPTION
PROPOSED M-1 SPECIFIC USE ZONING
METES AND BOUNDS DESCRIPTION of an approximately 0.49 acre tract of land located in Section 30,
Block AK, Lubbock County, Texas being further described as follows:
BEGINNING at a point which bears N. 01*52'10" E., an approximate distance of 291.3 feet and
N. 88"05'24" W., an approximate distance of 324.8 feet from the Southeast corner of Section 30, Block
AK, Lubbock County, Texas;
THENCE N. 88005'24" W., an approximate distance of 174.4 feet to a point;
THENCE N. 01*49'18" E., an approximate distance of 28.8 feet to a point;
THENCE S. 88°05'24" E., an approximate distance of 25.0 feet to a point;
THENCE N. 01049'18" E., an approximate distance of 110.0 feet to a point;
THENCE S. 88°03'20" E., an approximate distance of 149.5 feet to a point;
THENCE S. O1'52'10" W., an approximate distance of 138.7 feet to the Point of Beginning.
METES AND BOUNDS DESCRIPTION PREPARED FOR ZONE CHANGE REQUEST ONLY. DOES NOT REFLECT
AN ACTUAL SURVEY.