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HomeMy WebLinkAboutOrdinance - 2016-O0180 - Zone Case 3298 - 12/15/2016First Reading Second Reading December 1,2016 December 15,2016 Item No.6.7 Item No.7.7 ORDINANCE NO.2016-00180 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:ZONE CASE NO. 3298; A ZONING CHANGE FROM T AND R-l SPECIFIC USE TO R-l SPECIFIC USE FOR REDUCED SETBACKS,AM,IDP, C-3, C-4 SPECIFIC USE FOR MINI WAREHOUSES,AND R-2 SPECIFIC USE FOR REDUCED SETBACKS,ON 140.3 ACRES OF UNPLATTED LAND OUT OF BLOCK AK,SECTION 4, 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 bythe City Council and,afterdue consideration,the City Council found thatdue 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 ofthe community;however,planning isa continuous process and change is inevitable;and WHEREAS,the Lubbock Planning and Zoning Commission andCity Council recognize that the zone change is a minor deviation from the 1986 Comprehensive LandUse 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 compliancewith Section 40.01.005 of the Code of Ordinances,City of Lubbock,Texas, andthe notices provided bythe Texas Local Government Code §211.007 (Vernon,1990), and notice was duly publishedin the Lubbock Avalanche-Journal morethan 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,washeld in the City Council Chamber of the Municipal Building,Lubbock,Texas,at which time persons appeared in supportof 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 bodyof 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.3298 SECTION 1.THAT OrdinanceNo. 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 R-1 Specific Use TO R-1 Specific Use for reduced setbacks, AM, IDP, C-3, C-4 Specific Use for mini warehouses, and R-2 Specific Use for reduced setbacks, ON 140.3 acres of unplatted land out of Block AK, Section 4, City of Lubbock, Lubbock County, Texas, located at North of 146t' Street and West of Indiana 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 setbacks on the property zoned R-1 Specific Use be: a. 20' in front on regular lots; b. 5' in front on cul-de-sac lots; c. 5' on the side of corner lots (excluding 14611 St. and Memphis Ave.); d. 5' on the sides of corner lots for fences; and e. 0' for non -rear -facing third -car garages. 2. THAT the setbacks on the property zoned R-2 Specific Use be: a. 20' in front on regular lots; b. 5' in front on cul-de-sac lots; c. 5' side of corner lots (excluding 146th St. and Memphis Ave.); and d. 5' on the sides of corner lots for fences. 3. THAT an R-2 zoned lot be allowed to be used for storage and maintenance equipment in the Kelsey Park neighborhood. 4. THAT the property zoned C-4 Specific Use be tied to the proposed site plan. 5. THAT as residential lots are developed along 146th St., there shall be an eight feet (8') high fence adjacent to the 146th St. right of way to be constructed of brick columns, wood slats, and optional wrought iron openings at cul-de-sacs. The openings in the fence shall be allowed to accommodate street and alley access as determined during development. 6. THAT IDP Zoning limited to the following: a. Any use unconditionally permitted in the C-2 zoning district; Zone Case No. 3298 page -2of5 b. Office warehouse allowing retail and wholesale sales and allowing related storage, repair and fabrication of materials and equipment conducted inside the building; c. There shall be no minimum ratio of lot width to lot depth; d. There shall be no minimum lot size; e. The maximum height shall be twenty-four feet (24') with no windows above ten feet (10') on any side adjacent to R-1 or R-2 zoning (even if separated by an alley); f. No outside storage is permitted; g. For all buildings on the development lot, front and side building facades shall be 100% (excluding glass and door openings) brick, stone, stucco, or other similar non-metal and non -wood material; Painted CMU Masonry or metal siding is not permitted on front and side facades. Decorative metal awnings or roof tile awnings are permitted; h. Rear facades of all buildings may be metal or painted masonry similar in color to the front and side building materials; i. Garage doors, loading docks, and other receiving area access doors are permitted on the rear facade only; however, if an additional building is placed on the lot behind the main front building, garage doors, loading docks, and other receiving area access doors are permitted on the front facade of the additional building so long as said doors are not visible from the street; j. Solid waste service shall be handled within the development lot; trash enclosures shall be located behind front line of the building; and, no vehicular or pedestrian access is permitted from the development lot to alleys abutting any residentially zoned district (including apartments); k. A masonry rear facade of a building may be utilized in lieu of the standard required screening fence where the development lot abuts residentially zoned property, with said masonry not containing any doors, windows, or other forms of access to the alley; and 1. Prior to the issuance of any building permit, site development plans and building elevations shall be approved by the Planning and Zoning Commission in accordance with Section 40.03.2371 of the Lubbock Code of Ordinances. 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 Zone Case No. 3298 page - 3 of 5 automatically revert back to the previous zoning classification, which in this case is the T and R-1 Specific Use 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 North of 146t' Street and West of Indiana 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 (19� DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Secret ry APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning Zone Case No. 3298 page -4of5 APPROVED AS TO FORM: Justin 'tt, Ass tant City Attorney vw/CityAtt/Justin/Zones/ZC3298 December 13, 2016 Zone Case No. 3298 page - 5 of 5 "ru HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-5642 / FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED R-1 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 108.3 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of said Section 4, Block AK, for the most Southerly Southeast corner of this tract which bears N. 88°12'49" W. an approximate distance of 669.4 feet from the Southeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 88'12'49" W., along the South line of said Section 4, Block AK, an approximate distance of 984.8 feet to a point for the most Southerly Southwest corner of this tract; THENCE N. 01'47'11" E. an approximate distance of 321.0 feet to a point for a corner of this tract; THENCE N. 88°12'49" W. an approximate distance of 93.7 feet to a point; THENCE N. 77°12'49" W. an approximate distance of 462.0 feet to a point; THENCE N. 82°47'19" W. an approximate distance of 198.2 feet to a point; THENCE N. 88°12'49" W. an approximate distance of 241.1 feet to a point for the most Westerly Southwest corner of this tract; THENCE N. 01'47'11" E. an approximate distance of 367.4 feet to a point; THENCE N. 23°03'58" E. an approximate distance of 481.8 feet to a point; THENCE N. 12'38'11" E. an approximate distance of 505.4 feet to a point for the most Westerly Northwest corner of this tract; THENCE S. 77°21'49" E. an approximate distance of 395.4 feet to a point for a corner of this tract; THENCE N. 01 °46'31" E. an approximate distance of 976.2 feet to a point for the most Northerly Northwest corner of this tract; THENCE S. 88'13'28" E. an approximate distance of 1407.2 feet to a point for the most Northerly Northeast corner of this tract; THENCE S. 01 °46'31" W. an approximate distance of 380.7 feet to a point for a corner of this tract; THENCE S. 88°13'50" E. an approximate distance of 232.8 feet to a point for a corner of this tract; THENCE S. 01 °45'55" W. an approximate distance of 571.9 feet to a point for a corner of this tract; THENCE S. 88'10'11" E. an approximate distance of 341.0 feet to a point in the East line of said Section 4, Block AK, for the most Easterly Northeast corner of this tract; THENCE S. 01 °45'55" W., along the East line of said Section 4, Block AK, an approximate distance of 270.7 feet to a point for the most Easterly Southeast corner of this tract; THENCE N. 88°12'49" W. an approximate distance of 363.1 feet to a point for a corner of this tract; THENCE S. 01 °47'11" W. an approximate distance of 805.0 feet to a point for a corner of this tract; THENCE N. 88°12'49" W. an approximate distance of 305.8 feet to a point for a corner of this tract; THENCE S. 01°47'11" W. an approximate distance of 613.0 feet to the Point of Beginning. Contains: Approximately 108.3 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. HUGO REED AND ASSOCIATES, INC. = 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763.5642 / FAX 806/763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED AM ZONING METES AND BOUNDS DESCRIPTION of an approximate 5.0 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of said Section 4, Block AK, for the Southeast corner of this tract which bears N. 01 °45'55" E. an approximate distance of 2261.0 feet from the Southeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 88'13'50" W. an approximate distance of 573.8 feet to a point for the Southwest corner of this tract; THENCE N. 01 °46'31" E. an approximate distance of 380.7 feet to a point for the Northwest corner of this tract; THENCE S. 88'13'28" E. an approximate distance of 573.7 feet to a point in the East line of said Section 4, Block AK, for the Northeast corner of this tract; THENCE S. 01 °45'55" W., along the East line of said Section 4, Block AK, an approximate distance of 380.6 feet to the Point of Beginning. Contains: Approximately 5.0 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. fl Nrt HUGO REE❑ AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 8061763-5642 / FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED AM ZONING METES AND BOUNDS DESCRIPTION of an approximate 2.2 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of said Section 4, Block AK, for the Southeast corner of this tract which bears N. 01 °45'55" E. an approximate distance of 1157.5 feet from the Southeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 88°12'49" W. an approximate distance of 363.2 feet to a point for the Southwest corner of this tract; THENCE N. 01'47'11" E. an approximate distance of 260.5 feet to a point for the Northwest corner of this tract; THENCE S. 88°12'49" E. an approximate distance of 363.1 feet to a point in the East line of said Section 4, Block AK, for the Northeast corner of this tract; THENCE S. 01 °45'55" W., along the East line of said Section 4, Block AK, an approximate distance of 260.5 feet to the Point of Beginning. Contains: Approximately 2.2 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. HUGO REED AND ASSOCIATES, INC. 'r O 1601 AVENUE N ! LUBBOCK, TEXAS 79401 1 8061763-6642 I FAX 8061763-3891 _,'~ TEXAS REGISTERED ENGINEERING FIRM F-760 Hz- t �+ TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED AM ZONING METES AND BOUNDS DESCRIPTION of an approximate 3.1 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of said Section 4, Block AK, for the Southeast corner of this tract which bears N. 01 °45'55" E. an approximate distance of 1688.7 feet from the Southeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 88'10'11" W. an approximate distance of 341.0 feet to a point for the Southwest corner of this tract; THENCE N. 01 °45'55" E. an approximate distance of 391.9 feet to a point for the Northwest corner of this tract; THENCE S. 88°14'05" E. an approximate distance of 341.0 feet to a point in the East line of said Section 4, Block AK, for the Northeast corner of this tract; THENCE S. 01 °45'55" W., along the East line of said Section 4, Block AK, an approximate distance of 392.3 feet to the Point of Beginning. Contains: Approximately 3.1 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. m UGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 8061763.56421 FAX 806/763-3891 FG' TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 4'. LAND SURVEYORS CIVIL ENGINEERS PROPOSED IDP ZONING METES AND BOUNDS DESCRIPTION of an approximate 4.5 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of said Section 4, Block AK, for the Southeast corner of this tract which bears N. 01 °45'55" E. an approximate distance of 613.0 feet from the Southeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 88'12'49" W. an approximate distance of 363.4 feet to a point for the Southwest corner of this tract; THENCE N. 01'47'11" E. an approximate distance of 544.5 feet to a point for the Northwest corner of this tract; THENCE S. 88'12'49" E. an approximate distance of 363.2 feet to a point in the East line of said Section 4, Block AK, for the Northeast corner of this tract; THENCE S. 01 °45'55" W., along the East line of said Section 4, Block AK, an approximate distance of 544.5 feet to the Point of Beginning. Contains: Approximately 4.5 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. GO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 EMMA TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED C-3 ZONING METES AND BOUNDS DESCRIPTION of an approximate 4.8 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Southeast corner of this tract, same being the Southeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 88'12'49" W., along the South line of said Section 4, Block AK, an approximate distance of 509.4 feet to a point for the Southwest corner of this tract; THENCE N. 01'47'11" E. an approximate distance of 408.0 feet to a point for the Northwest corner of this tract; THENCE S. 88°12'49" E. an approximate distance of 509.3 feet to a point in the East line of said Section 4, Block AK, for the Northeast corner of this tract; THENCE S. 01 °45'55" W., along the East line of said Section 4, Block AK, an approximate distance of 408.0 feet to the Point of Beginning. Contains: Approximately 4.8 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806/763-5642 / FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 r • LAND SURVEYORS CIVIL ENGINEERS PROPOSED C-4 SPECIFIC USE ZONING METES AND BOUNDS DESCRIPTION of an approximate 4.6 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of said Section 4, Block AK, for the most Southerly Southeast corner of this tract which bears N. 88'12'49" W. an approximate distance of 509.4 feet from the Southeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 88°12'49" W., along the South line of said Section 4, Block AK, an approximate distance of 160.0 feet to a point for the Southwest corner of this tract; THENCE N. 01'47'11" E. an approximate distance of 613.0 feet to a point for the Northwest corner of this tract; THENCE S. 88°12'49" E. an approximate distance of 669.2 feet to a point in the East line of said Section 4, Block AK, for the Northeast corner of this tract; THENCE S. 01 °45'55" W., along the East line of said Section 4, Block AK, an approximate distance of 205.0 feet a point for the most Easterly Southeast corner of this tract; THENCE N. 88'12'49" W. an approximate distance of 509.3 feet to a point for a corner of this tract; THENCE S. 01'47'11" W. an approximate distance of 408.0 feet to the Point of Beginning. Contains: Approximately 4.6 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY. _ HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBSOCK, TEXAS 79401 18061763-5642 1 FAX 8061763.3891 T`�t',4 TEXAS REGISTERED ENGINEERING FIRM F-760 ,Hrt "--r �'-���*F TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PROPOSED R-2 SPECIFIC USE ZONING (WITH A TRACT IDENTIFIED FOR STORAGE OF EQUIPMENT FOR MAINTAINING THE SUBDIVISION) METES AND BOUNDS DESCRIPTION of an approximate 7.8 acre tract of land located in Section 4, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of said Section 4, Block AK, for the Southeast corner of this tract which bears N. 88°12'49" W. an approximate distance of 1654.2 feet from the Southeast corner of Section 4, Block AK, Lubbock County, Texas; THENCE N. 88°12'49" W., along the South line of said Section 4, Block AK, an approximate distance of 327.2 feet to a point for a corner of this tract; THENCE N. 01 °46'38" E. an approximate distance of 260.5 feet to a point for a corner of this tract; THENCE N. 88°13'22" W. an approximate distance of 160.0 feet to a point for a corner of this tract; THENCE S. 01 °46'38" W. an approximate distance of 260.4 feet to a point in the South line of said Section 4, Block AK, for a corner of this tract; THENCE N. 88'12'49" W., along the South line of said Section 4, Block AK, an approximate distance of 498.6 feet to a point for the Southwest corner of this tract; THENCE N. 01'47'11" E. an approximate distance of 426.7 feet to a point for the Northwest corner of this tract; THENCE S. 88°12'49" E. an approximate distance of 241.1 feet to a point; THENCE S. 82'47'19" E. an approximate distance of 198.2 feet to a point; THENCE S. 77°21'49" E. an approximate distance of 462.0 feet to a point; THENCE S. 88°12'49" E. an approximate distance of 93.7 feet to a point for the Northeast corner of this tract; THENCE S. 01'47'11" W. an approximate distance of 321.0 feet to the Point of Beginning. Contains: Approximately 7.8 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPESENT A SURVEY.