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HomeMy WebLinkAboutOrdinance - 2022-O0010 - Zone Case 2538-X - 01/11/2022First Reading Second Reading January 11, 2022 January 25, 2022 Item No. 8.4 Item No. 7.36 ORDINANCE NO. 2022-00010 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2538-X; A ZONING CHANGE FROM A-1 TO C-2 SPECIFIC USE FOR A SELF -STORAGE FACILITY, AT 68014TH STREET, LOCATED SOUTH OF 4TH STREET AND EAST OF QUINCY AVENUE ON 2.139 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 10, 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.2538-X 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 A-1 to C-2 Specific Use for a Self Storage Facility zoning district at 6801 4th Street, located south of 4th street and east of Quincy Avenue on 2.139 acres of unplatted land out of Block JS, Section 10, 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 A-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 6801 4th Street, located south of 4th street and east of Quincy Avenue on 2.139 acres of unplatted land out of Block JS, Section 10, 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. 2538 X Page - 2 AND IT IS SO ORDERED. Passed by the City Council on first reading on January 11, 2022 Passed by the City Council on second reading on January 25, 2022 ATTEST: r Q'&' , (' Rebe ca Garza, City Secr APPROVED AS TO CONTENT: of Planning APPROVED AS TO FORM: K lli Leisure, Assistant City Attorney vw/CityAtt/Ke11 i/Zones/ZC2538-X December 2, 2021 �A DANIEL M. POPE, MAYOR Zone Case No. 2538 X Page - 3 BACJ45 ENGINEERING SURVEYING 2737 81 ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 "Count on it" FIELD NOTES on a 2.139 Acre Tract out of the Northeast Quarter (NE/4) of Section 10, Block JS, Lubbock County, Texas and also out of the Tract described in Volume 6359, Page 253, Lubbock County Real Property Records(LCRPR) and further described as follow: Beginning at set 1/2" iron rod with green cap marked RPLS 4460 in the West Plat Limits of Westchester Park as shown by the plat recorded in Volume 6582, Page 88, LCRPR from which the Northeast corner of Section 10 by calls bears North 55.00 feet and S 89° 59' 13" E, 2344.92 feet; THENCE S 01 "4938" W(Texas North Central Zone Bearing Basis), with the West line of the said Plat Limits, 399.00 feet to the most Southerly Southeast corner of this tract; THENCE N 88'10'35" W, 153.23 feet to the most Southerly Southwest corner of this tract; THENCE for this and the following 3 calls along a common line with the 0.97t acre tract described in Lubbock County Clerk File Number (CCFN) 201700715, N 01'45'48" E, 106.28 feet to a found 1/2" iron rod with red cap for a corner of this tract, THENCE N 88-10'30" W, 15.12 feet to a found 1/2" rod with red cap for a corner of this tract; THENCE S 01'42'11" W, 75.08 feet to a found 1/2" rod with red cap for a corner of this tract; THENCE N 88°1412" W, 128.55 feet to the most Westerly Southwest corner of this tract, from which the center of a steel post bears S 15* E. 0.73 feet; THENCE N 01 "45'48" E, 85.28 feet to the most Westerly Northwest corner of this tract from which the center of a steel post bears N 390 E, 2.53 feet; THENCE S 88'10'35" E, 69.77 feet to a set Abacus Cap for a corner of this tract; THENCE N 01 "4548" E, 282.58 feet to a set Abacus Cap for the most Northerly Northwest comer of this tract; THENCE S 88'10'35" E, 227.38 feet to the PLACE of BEG""""" - "-- These notes represent a survey made on the ground. J. M. Cieszinski, RPLS # 4460 October 21, 2021 1 S 88' 10'35" E 227.38' — 1 � 71 100 N W 2.139 Acres o 1 i I M 00 S 88' 10'35" Z M 69.71. 3 N 88' 10'30" W I 15.12' r N 01'45'48" E El C-4- W i = 85.28' ono N CocG N 88'14'12" W '' z 0 128.55 I Co I Cq 00 N88' 10'35"W 1 M M 153.23' I W I 1 a� 1 s 88' 10' 09" E 20.05' I I 0 3 Z Cri 0 • r Or I 173.08' 1 N 88'11'22" W S:XCOORDINATES\SECTIONBLOCK\Block JS\SediT 10\Sec 10 Blk 1S 2 acre zone.dwg, 1021/2021 1231:12 PM, SHARP MX-2300N PCL6