HomeMy WebLinkAboutOrdinance - 2016-O0176 - Zone Case 3095-D - 12/15/2016First Reading
Second Reading
December 1, 2016 December 15, 2016
Item No. 6.6 Item No. 7.5
ORDINANCE NO. 2016-00176
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3095-D; A ZONING CHANGE FROM A-2 TO C-4
SPECIFIC USE FOR MINI -WAREHOUSES, ON 8.2 ACRES OF UNPLATTED
LAND OUT OF BLOCK A, 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 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 LUBBOCK:
ZONE CASE NO. 3095-D
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 A-2 to C-4 Specific Use for mini -
warehouses on 8.2 acres of unplatted land out of Block A, Section 22, City of
Lubbock, Lubbock County. Texas, located at Southeast corner of North Loop
289 and North Utica 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 a site plan and elevation review by the Planning and Zoning
Commission shall be required prior to permitting.
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 A-2 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
Southeast corner of North Loop 289 and North Utica 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 _ __ December 1, 2016 _
Passed by the City Council on second reading on _ December 15, 2016
-11-�JV
DANIEL M. POPE, MAYOR
Zone Case No. 3095-D
page -2of3
ATTEST:
Rebeca Garza, City Secretar
APPROVED AS TO CONTENT:
An Paxton, Director of Planning
APPROVED AS TO FORM:
_ a
Justin D. uitt, A tant City Attorney
vwi CityAtt/J ustin'Zones+ZC3095-D
November 1, 2016
Zone Case No. 3095-D
page - 3 of 3
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-56421 FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
METES AND BOUNDS DESCRIPTION of an approximate 8.2 acre tract located in Section 22, Block A, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the South right-of-way line of North Loop 289, at the Northwest corner of Tract "A",
Vasrim 786 Addition and the Northeast corner of this tract, which bears North approximately 3871.2 feet and East
approximately 3141.4 feet from the Southwest corner of Section 22, Block A, Lubbock County, Texas;
THENCE S. 36054'29" E., along the Western boundary of said Tract "A", an approximate distance of 456.9 feet to a
point in the Western boundary of a 226.00 acre tract of land at the South corner of said Tract "A";
THENCE S. 00°02'29" W., along the Western boundary of said 226.00 acre tract, an approximate distance of 308.3
feet to the Southeast corner of this tract;
THENCE N. 89059'27" W., at 20.0 feet, pass the Northeast corner of Lot 22, La Fiesta Estates, continuing along the
Northern boundary of said Lot 22, at 120.0 feet pass the Northwest corner of said Lot 22, continuing across North
Toledo Avenue and then along the centerline of a 20 foot alley, for a total approximate distance of 268.7 feet to a
point;
THENCE S. 53°02'56" W, continuing along the centerline of said alley, an approximate distance of 214.9 feet to the
Centerline of North Utica Drive for the Southwest corner of this tract;
THENCE N. 36053'32" W., along the centerline of said North Utica Drive, an approximate distance of 542.1 feet to a
point in the South right-of-way line of said North Loop 289, for the Northwest corner of this tract;
THENCE N. 53°05'32" E., along the Southern right-of-way line of said North Loop 289, an approximate distance of
614.9 feet to the Point of Beginning.
PREPARED FOR ZONE CHANGE REQUEST ONLY, AND DOES NOT REPRESENT A SURVEY.
Prepared for: Burkett Investments
October 11, 2016