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HomeMy WebLinkAboutOrdinance - 2022-O0034 - Zone Case 3448-B - 03/08/2022First Reading March 8, 2022 Item No. 8.6 ORDINANCE NO. 2022-00034 Second Reading March 22, 2022 Item No. 7.39 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3448-11; A ZONING CHANGE FROM T TO C-2 SPECIFIC USE FOR A SELF -STORAGE FACILITY, AT 3511 NORTH FRANKFORD AVENUE, LOCATED SOUTH OF KENT STREET AND WEST OF FRANKFORD AVENUE, ON 4 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 12, 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.3448-B 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 T to C-2 Specific Use for a Self -Storage Facility zoning district at 3511 North Frankford Avenue, located south of Kent Street and west of Frankford Avenue, on 4 acres of unplatted land out of Block JS, Section 12, 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 T 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 3511 North Frankford Avenue, located south of Kent Street and west of Frankford Avenue, on 4 acres of unplatted land out of Block JS, Section 12, 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. 3448-B - -- Page - 2 AND IT IS SO ORDERED. Passed by the City Council on first reading on March 8, 2022 Passed by the City Council on second reading on March 22, 2022 ATTEST: Reb ca Garza, City S cret y APPROVED AS TO CONTENT: 7 - &P1 Bryn Isham, Director Planning APPROVED AS TO FORM: && A 4 C�- - elli Leisure, Assistant City Attorney vw/CityAtt/Ke11i/Zones/ZC3448-B February 24, 2022 �-A ---- DANIEL M. POPE, MAYOR Zone Case No. 3448-B Page - 3 BEING a 4.00 acre tract of land located in Section 12, Block JS, of the EL&RR RR CO Survey, Lubbock County, Texas and being further described by metes and bounds as follows; BEGINNING at a Nail with washer marked "Hugo Reed" Found in the west right-of-way line of North Frankford Avenue recorded in Volume 1065, Page 215, Official Public Records, Lubbock County, Texas, for the Southeast corner of this tract, from which this point bears North 88°14'31" West a distance of 60.00 feet and North 1°45'29" East a distance of 4351.52 feet from the Southeast corner of said Section 12 by calls; THENCE North 88°06'28" West a distance 435.44 feet to a 1/2 inch Iron Rod Found for the Southwest corner of this tract; THENCE North 1°45'53" East a distance of 400.25 feet to a 1/2 inch Iron Rod with cap marked "RPLS 4460" Found for the Northwest corner of this tract; THENCE South 88°05'38" East a distance of 435.39 feet to a 1/2 inch Iron Rod with cap marked "RPLS 4460" Found in the west right-of-way line of said North Frankford Avenue for the Northeast corner of this tract; THENCE South 1°45'29" West a distance of 400.15 feet along the west right-of-way line of said North Frankford Avenue to the POINT OF BEGINNING and containing within these calls a calculated area of 4.00 acres more or less.