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Home My WebLink AboutOrdinance - 2016-O0088 - Zone Case 3287 - 06/09/2016First Reading May 26, 2016 Item No. 6.3 Second Reading June 9, 2016 Item No. 6.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3287; A ZONING CHANGE FROM T TO M-2 SPECIFIC USE FOR A COTTON SEED PRODUCT MANUFACTURING FACILITY. ON 150 ACRES OF UNPLATTED LAND OUT OF BLOCK D, SECTION 39, L & SV RAILROAD SURVEY COMPANY, 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. 3287 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 M-2 Specific Use for a cotton seed product manufacturing facility on 150 acres of unplatted land out of Block D, Section 39, L & SV Railroad Survey Company, City of Lubbock. Lubbock County, Texas, located at west of Interstate 27 and south of Utah 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 limited to a cotton seed product manufacturing facility and all unconditionally permitted IHI uses. 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 west of Interstate 27 and south of Utah 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. Zone Case No. 328 - page - 2 of 3 28-page-2of3 AND IT IS SO ORDERED. Passed by the City Council on first reading on May 26. 2016 _ Passed by the City Council on second reading on June 9, 2016 ATTEST: Reb4a Garza, City Secretary APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: 4 • Justin I uitt, As istant City Attorney vw/C i tyAtt/J ustin/ZonesIZC3287 May 5, 2016 L9�w DANIEL M. OPE, MAYOR Zone Case No. 328" page - 3 of 3 HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of a 150.0 acre tract of land located in Section 39, Block D, L&SV Railroad Company Survey, Abstract 6, Lubbock County, Texas, being the East 150.0 acres of that same tract of land described as Tract 1 in that deed recorded under County Clerk File Number 2007048830 of the Official Public Records of Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of said Section 39, Block D, for the Northwest corner of this tract which bears S. 88°28'45" E. an approximate distance of 1644.5 feet from the Northwest corner of said Section 39, Block D, Lubbock County, Texas; THENCE S. 88028'45" E., along the North line of said Section 39, Block D, an approximate distance of 2441.6 feet to a point in the West right-of-way line of North Interstate Highway 27 for the Northeast corner of this tract; THENCE S. 01'22'14" E., along the said West right-of-way line, an approximate distance of 998.0 feet; THENCE S. 02047'29" W., continuing along said West right-of-way line, an approximate distance of 652.0 feet to a point of intersection; THENCE Southeasterly, continuing along said West right-of-way line, along a curve to the left, said curve having a radius of 3994.8 feet, a central angle of 13030'19", tangent lengths of 473.0 feet, an approximate chord distance of 939.4 feet and a chord bearing of S. 03°57'38" E., to a point; THENCE S.10°43'14" E., continuing along said West right-of-way line, an approximate distance of 47.3 feet to a point in the South line of the North half of said Section 39, Block D, for the Southeast corner of this tract; THENCE N. 88036'34" W., along the South line of said North Half, an approximate distance of 2568.1 feet to a point for the Southwest corner of this tract; THENCE N. 01'19'20" E. an approximate distance of 2635.8 feet to the Point of Beginning. Prepared: April 11, 2016 Prepared for: Monsanto Company PREPARED FOR ZONE CHANGE PURPOSES. DOES NOT REPRESENT A SURVEY.