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Home My WebLink AboutOrdinance - 2021-O0065 - Zone Case 2984-MFirst Reading May 25, 2021 Item No. 7.3 ORDINANCE NO. 2021-00065 Second Reading June 8, 2021 Item No. 8.3 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2984-M; A ZONING CHANGE FROM IHC AND C-3 TO C-3 SPECIFIC USE FOR A SELF -STORAGE FACILITY AND R-2, AT 7115 AND 7105 34TH STREET, LOCATED SOUTH OF 34TH STREET AND EAST OF UPLAND AVENUE, ON 19.74 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 38, LUBBOCK, TEXAS; 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 2040 Future Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and the 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 2040 Future Land Use Plan, which protects the 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. 2984-M SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from IHC and C-3 to C-3 Specific Use for a Self -Storage Facility and R-2 zoning district at 7115 and 7105 34th Street, located south of 34th Street and east of Upland Avenue, on 19.74 acres of unplatted land out of Block AK, Section 38, City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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 IHC 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 7115 and 7105 34th Street, located south of 34th Street and east of Upland Avenue, on 19.74 acres of unplatted land out of Block AK, Section 38, 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. 2984-M Page - 2 17►117 AKWIZ139-11 . 1 Passed by the City Council on first reading on May 25, 2021 Passed by the City Council on second reading on June 8, 2021 ATTEST: Rebe ca Garza, City Se eta APPROVED AS TO CONTENT: of Planning APPROVED AS TO FORM: 1A � I K li Leisure, Assistant City Attorney m/CityAn/Kell i/Zones/ZC2984-M May 6, 2021 DANIEL M. POPE, MAYOR Zone Case No. 2984-M Page - 3 C-3 Specific Use (Self Storage) Description BEING a 4.5 acres out of a 20.5 acre tract described in Volume 10361, Page 115, Official Public Records, Lubbock, Texas, located in Section 38, Block AK, G.C. S.F. Railroad Co Survey, Lubbock County, Texas, and being further described be metes and bounds as follows; COMMENCING at a point being the Northwest Corner of said Section 38 and being the same as Northwest Comer of said 20.5 acre tract; THENCE South 88° l 1' 18" East a distance of 85.00 feet along the north line of said Section 38, and South 1'52' 11" West a distance of 54.97 feet to the POINT OF BEGINNING; THENCE South 88' 11' 11" East a distance of 519.87 feet to a point for this tract; THENCE South 1 °48'27" West a distance of 357.52 feet to a point for this tract; THENCE North 88010'54" West a distance of 550.26 feet to a point for this tract; THENCE North 1052' 11" East a distance of 327.48 feet to a point for this tract; THENCE North 46050'30" a distance of 42.45 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 4.5 acres more or less. ]ttd] Description BEING a 13.26 acres out of a 20.5 acre tract described in Volume 10361, Page 115, Official Public Records, Lubbock, Texas, located in Section 38, Block AK, G.C. S.F. Railroad Co Survey, Lubbock County, Texas, and being further described be metes and bounds as follows; COMMENCING at a point being the Northwest Comer of said Section 38 and being the same as Northwest Comer of said 20.5 acre tract; THENCE South 88' 11' 18" East a distance of 604.81 feet along the north line of said Section 38, and South 1°48'27" West a distance of 54.99 feet to the POINT OF BEGINNING; THENCE South 88'11'33" East a distance 282.00 feet to a point for this tract; THENCE South 1 °48'27" West a distance of 712.74 feet to a point for this tract; THENCE South 46°45'46" West a distance 14.09 feet to a point for this tract; THENCE North 880I 1'34" West a distance of 548.32 feet to a point for this tract; THENCE South 1°48'27" West a distance of 674.22 feet to a point for this tract; THENCE North 70020'55" West a distance 288.91 feet to a point for this tract; THENCE North 1052' 11" East a distance of 950.99 feet to a point for this tract; THENCE South 88'10'54" East a distance of 550.26 feet to a point for this tract; THENCE North l °48'27" East a distance of 357.52 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 13.26 acres more or less.