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Home My WebLink AboutOrdinance - 2021-O0146 - Zone Case 3447First Reading September 28, 2021 Item No. 8.17 Second Reading October 12, 2021 Item No. 8.14 2021-00146 ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.3447; A ZONING CHANGE FROM R-1 TO C-2 SPECIFIC USE FOR A SELF -STORAGE FACILITY, GENERALLY LOCATED EAST OF FRANKFORD AVENUE AND SOUTH OF PRINCETON STREET, ON 4.21 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 6, 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.3447 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 R-1 to C-2 Specific Use for a Self - Storage Facility zoning district generally located east of Frankford Avenue and south of Princeton Street, on 4.21 acres of unplatted land out of Block JS, Section 6, 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 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 generally located east of Frankford Avenue and south of Princeton Street, on 4.21 acres of unplatted land out of Block JS, Section 6, 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. 3447 Page - 2 AND IT IS SO ORDERED. Passed by the City Council on first reading on September 28, 2021 Passed by the City Council on second reading on ATTEST: dAt', jx--7 Re ecca Garza, City Se APPROVED AS TO CONTENT: Bryan s , Di ector of Planning APPROVED AS TO FORM: . A tl-k4v� K lli Leisur , Assistant City Attorney vw/CityAtt/Ke I I i/Zones/ZC3447 September 2, 2021 October 12, 2021 -� v DANIEL M. POPE, MAYOR Zone Case No. 3447 Page - 3 A . AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 6, BLOCK JS, LUBBOCK COUNTY, TEXAS (Sheet 1 of 2, Sketch of tract attached as Sheet 2) METES AND BOUNDS DESCRIPTION of a 4.21-acre tract of land located in Section 6, Block JS, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point for the southwest corner of said 4.21-acre tract, whence the northwest corner of plat limits of Tract A, Broadview Baptist Church Addition (Vol.1685, Pg. 894) bears N 01 ° 56' 17" E, a distance of 60.00 feet; THENCE N 010 56' 17" E an approximate distance of 262.00 feet; THENCE S 880 03' 43" E an approximate distance of 700.00 feet; THENCE S 01 ° 56' 17" W an approximate distance of 262.00 feet; THENCE N 880 03' 43" W an approximate distance of 700.00 feet to the Point of Beginning and containing approximately 4.21 acres. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. Prepared for: NWP EB-5 PROJECT LLC July 29, 2021 2 I 1 , I I � I I I I I 1 I � I , I � I RECORD OWNER: NWP ER-5 PROJECT LLC PRINCETON NOT 5uB011/IDED CCFN:2021019J86 STREET N: 7287637.98 --r---------------- E: 921535.87 I ry � W S88'03'43'E 700.00' � > i tubes i W g p O �Qb 1 �vV 1 Q N N 0001 O W I 1 Q Q N 24 i � b 0 to i O I Z ==V V o Z o < N88ro3'43 W 700.00' W SO' DRAINAGE EASEMENT -STATE OF TEXAS N:7287352.45 PG 91--- E: 922226.61 P.0.8. FROM THIS POINT, THE NORTHWEST CORNER OF BROADVIEW BAPTIST - -_ I - -VOL.5970, ------------- _ --- - - -_- - -------------------------------------------- --_ - - --- - --------- _ _ _ 25 DRAINAGE EASEMENT — 35' POWER C/NE EASEMEN T-SPS — VOL: /6B5 PG: B94 — — — — — — — — PREV/OUSC Y DE01CA IEO — — — — — — — — — — — — — — CHURCH ADDITION, TRACT A I (VOL:1685. PG:894), BEARS N01'56'17'E, 60.00' 10' ALLEY - BY PLAT I VOLUME 1522 PAGE 961 ' RECORD OWNER: I I 1601 NORTH FRANKFORO- DISCOUNT STORAGE LLC TRACT A. BROADNEW 8AP77ST CHURCH ADDITION NOT SUBD/wDEOa NOT SUBDIVIDED ; I i VOLUME 1685, PACE 89 i VOLUME 3e15, PACE SO CCFN. 201903458.3 1 ' I I ' 1 ' -------------------- I I I I I 1 1 I I~ ' I I - - - - - - - - - - - - - - - - - - - - - -� I ---I—�� - —TT--7 ' -T—T zz7—T7-- zb ZONE CHANGE APPLICATION EXHIBIT (SH ' A 4.21 ACRE TRACT OF LAND LOCATED IN SECTION 6, BLOCK JS, LUBBOCK COUNTY, TEXAS NOTES: SCAM V _ IW ZOMNO RESMT C-] SFEORC - - mF-STMAGE FACKJ mw (R-n V QE FMRY NE9pENIW. SCALE: 1'=100' 0 50' 100' LINCDL. 1. _ RAG , Am la k ol li