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HomeMy WebLinkAboutOrdinance - 2016-O0129 - Zone Case 3289 - 09/08/2016First Reading August 25, 2016 Item No. 7.1 ORDINANCE NO. 2016-00129 Second Reading September 8, 2016 Item No. 6.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3289; A ZONING CHANGE FROM R-1 TO C-3 SPECIFIC USE AND R-1 SPECIFIC USE FOR COMMERCIAL SUSTAINABLE FARMING ON 172.864 ACRES OF UNPLATTED LAND OUT OF BLOCK D6, SECTIONS 1 AND 2, 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 L1IBBOCK: ZONE CASE NO. 3289 ShCTION 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 C-3 Specific Use and R-1 Specific Use for commercial sustainable farming on 172.864 acres of unplatted land out of Block D6, Sections 1 and 2, City of Lubbock, Lubbock County, Texas, located at 7801 and 7901 4m Street, 8101 4" Street, 709 Alcove 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 property be tied to the proposed site plan and floor plans (Exhibit B) for the commercial corner, limited to: a restaurant with the ability to allow events, meat market, general retail, chicken processing (entirely inside a building), grain silo, composting facility, and the pole barn (as illustrated on the site plan and floor plan). 2. That the agricultural area (see metes and bounds in Exhibit A) shall be limited to regenerative agriculture operations which shall be defined by a. Rotation of animals in 1/2 - 5 acre paddocks, animals shall be rotated regularly in order to encourage regrowth of plants and grass, b. Limited to 20 chickens per acre (including roosters), c. Limited to 2 cows (or one cow and calve pair) per acre, d. Limited to 4 sheep and/or goats per acre (male goats prohibited), 3. That permanent fencing shall be required which is adequate to secure all livestock on the property, with a four rail pipe fence surrounding the commercial corner. 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 7801 and 7901 411 Street, 8101 41h Street, 709 Alcove 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. Zone Case No. 3289 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. Passed by the City Council on first reading on August 25 2016 Passed by the City Council on second reading on September 8, 2016 _ DANIEL M. P E, MAYOR ATTEST: Rebe -ca Garza. City Secret y APPROVED AS TO CONTENT: f � Andrew Paxton, Director of Planning i APPROVED AS TO FORM: JustinPrui t, A ssistanj City Attorney v,.N CrtyAtt/Jusun Zones'ZC3289 August 4. 2016 Zone Case No. 3289 page - 3 of 3 Description, for Re -Zoning Case # 32 -ETI C-3 An 11.924 acre tract of land located in the Northeast Quarter (NE/4) of Section 2, Block D-6, H.E. & W.T. RR. Co. Survey, Lubbock County, Texas and being that same certain tract of land conveyed to 87th Street Partners, LLC described in a Warranty Deed recorded in County Clerk's File No. 2009045340 of the Official Public Records of Lubbock County, Texas, said 11.924 acre tract being further described by metes and bounds as follows: Beginning at the northeast corner of said Section 2, Block D-6 for the northeast corner of this tract and having coordinates of Northing: 7,279,902.68 and Easting: 905,382.95, Texas Coordinate System of 1983, Texas North Central Zone; Thence S. 01° 40' 43" W., along the west line of said Section 2, a distance of 581.44 feet to a point for the southeast corner of this tract, same being the most easterly northeast corner of a 147.514 acre tract; Thence N. 88° 05' 54" W. a distance of 885.50 feet to a point of intersection at the most southerly southwest corner of this tract; Thence N. 43° 05' 54" W. a distance of 14.14 feet to a point of intersection at the most westerly southwest corner of this tract; Thence N. 01° 54' 06" E. a distance of 570.24 feet to a point in the north line of said Section 2 for the northwest corner of this tract, same being the most northerly northeast corner of said 147.514 acre tract; Thence S. 88° 10' 22" E. a distance of 893.24 feet to the Point Of Beginning. Bearings are based on the Texas Coordinate System of 1983, Texas North Central Zone. This description is compiled from the record document cited, and does not reflect a current survey made upon the ground. Description, for Re -Zoning Case # 3a 99 )�- I sfcc'. 4,4. t..,ze_ fir- C-, An 80.831 acre tract of land located in the Northwest Quarter (NW/4) of Section 1, Block D-6, H.E. & W.T. RR. Co. Survey, Lubbock County, Texas and being that same certain tract of land conveyed to Real Property Resources, Inc. described in a Warranty Deed recorded in County Clerk's File No. 2008002698 of the Official Public Records of Lubbock County, Texas, said 80.831 acre tract being further described by metes and bounds as follows: Beginning at a point in the west line of said Section 1, Block D-6 for the northwest corner of this tract, same being the southwest corner of a 12.595 acre tract, whence the northwest corner of said Section 1 bears N. 01° 40' 43" E. a distance of 353.66 feet, said section corner having coordinates of Northing: 7,279,902.68 and Easting: 905,382.95, Texas Coordinate System of 1983, Texas North Central Zone; Thence S. 88° 05' 54" E. a distance of 1547.06 feet to a point for the northeast corner of this tract, same being the southeast corner of said 12.595 acre tract; Thence S. 01° 38' 26" W. a distance of 2273.05 feet to a point for the southeast corner of this tract; Thence N. 88° 13' 54" W. a distance of 1548.57 feet to a point in the west line of said Section 1 for the southwest corner of this tract; Thence N. 01° 40' 43" E., along the west line of said Section 1, a distance of 2276.65 feet to the Point Of Beginning. Bearings are based on the Texas Coordinate System of 1983, Texas North Central Zone. This description is compiled from the record document cited, and does not reflect a current survey made upon the ground. Description, for Re -Zoning Case # 3289 1�_— I Stf ee. , ��- A 67.514 acre tract of land located in the Northeast Quarter (NE/4) of Section 2, Block D-6, H.E. & W.T. RR. Co. Survey, Lubbock County, Texas and being the north portion of that certain 147.514 acre tract of land conveyed to Real Property Resources, Inc. described in a Warranty Deed recorded in County Clerk's File No. 2008002696 of the Official Public Records of Lubbock County, Texas, said 67.514 acre tract being further described by metes and bounds as follows: Beginning at a point in the east line of said Section 2, Block D-6 for the most easterly northeast corner of said 147.514 acre tract and this tract, same being the southeast corner of an 11.924 acre tract, whence the northeast corner of said Section 2, bears N. 01' 40' 43" E. a distance of 581.44 feet, said section corner having coordinates of Northing: 7,279,902.68 and Easting: 905,382.95, Texas Coordinate System of 1983, Texas North Central Zone; Thence S. 01° 40' 43" W., along the west line of said Section 2, a distance of 728.15 feet to a point for the southeast corner of this tract, same being the northeast corner of an 80.00 acre tract; Thence N. 88' 15' 00" W. a distance of 2638.88 feet to a point for the southwest corner of this tract, same being the northwest corner of said 80.00 acre tract; Thence N. 01° 40' 15" E. a distance of 1313.14 feet to a point in the north line of said Section 2 for the northwest corner of said 147.514 acre tract and this tract; Thence S. 88° 10' 22" E., along the north line of said Section 2, a distance of 1745.63 feet to a point for the most northerly northeast corner of said 147.514 acre tract and this tract, same being the northwest corner of said 11.924 acre tract; Thence S. 01' 54'06" W. a distance of 570.24 feet to a point of intersection for a corner of this tract; Thence S. 43° 05' 54" E. a distance of 14.14 feet to a point of intersection for a corner of this tract; Thence S. 88° 05' 54" E. a distance of 885.50 feet to the Point Of Beginning. Bearings are based on the Texas Coordinate System of 1983, Texas North Central Zone. This description is compiled from the record document cited, and does not reflect a current survey made upon the ground. Description, for Re -Zoning Case # �)2 1�9 9-) -) Sna c, uk A 12.595 acre tract of land located in the Northwest Quarter (NW/4) of Section 1, Block D-6, H.E. & W.T. RR. Co. Survey, Lubbock County, Texas and being that same certain tract of land conveyed to 87th Street Partners, LLC described in a Warranty Deed recorded in County Clerk's File No. 2009045339 of the Official Public Records of Lubbock County, Texas, said 12.595 acre tract being further described by metes and bounds as follows: Beginning at the northwest corner of said Section 1, Block D-6 for the northwest corner of this tract and having coordinates of Northing: 7,279,902.68 and Easting: 905,382.95, Texas Coordinate System of 1983, Texas North Central Zone; Thence S. 88° 10' 27" E., along the north line of said Section 1, a distance of 1546.82 feet to a point for the northeast corner of this tract; Thence S. 01° 38' 26" W. a distance of 355.70 feet to a point for the southeast corner of this tract, same being the northeast corner of an 80.831 acre tract; Thence N. 88° 05' 54" W. a distance of 1547.06 feet to a point in the west line of said Section 1 for the southwest corner of this tract, same being the northwest corner of said 80.831 acre tract; Thence N. 01° 40' 43" E., along the west line of said Section 1, a distance of 353.66 feet to the Point Of Beginning. Bearings are based on the Texas Coordinate System of 1983, Texas North Central Zone. This description is compiled from the record document cited, and does not reflect a current survey made upon the ground.