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HomeMy WebLinkAboutOrdinance - 2022-O0058 - Zone Case 2916-C - 04/12/2022First Reading April 12, 2022 Item No. 8.10 Second Reading April 26, 2022 Item No. 7.53 ORDINANCE NO. 2022-00058 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2916-C; A ZONING CHANGE FROM C-3 TO C-2 SPECIFIC USE FOR A SELF -STORAGE FACILITY, GENERALLY LOCATED SOUTH OF 82ND STREET AND WEST OF UPLAND AVENUE, ON 3.97 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 26, 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, 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.2916-C 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 C-3 to C-2 Specific Use for a self - storage facility zoning district generally located south of 82nd Street and west of Upland Avenue, on 3.97 acres of unplatted land out of Block AK, Section 26, 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 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 generally located south of 82nd Street and west of Upland Avenue, on 3.97 acres of unplatted land out of Block AK, Section 26, 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 April 12, 2022 Passed by the City Council on second reading on April 26, 2022 ATTEST: 'Q J4"-9, -X' Rebec a Garza, City Secre DANIEL M. POPE, MAYOR Zone Case No. 2916-C Page - 2 APPROVED AS TO CONTENT: Bry sh c or of Planning APPROVED AS TO FORM: 111i Leisure, Assistant City Attorney vw/C ityAtt/Kel I i/Zones/ZC2916-C April 7, 2022 Zone Case No. 2916-C Page - 3 aCAMa AMD ENGINEERING, LLC DESCRIPTION FOR A ZONING CHANGE REQUEST IN SECTION 26, BLOCK A-K, LUBBOCK COUNTY, TEXAS (Sheet 1 of 2, Sketch of tract attached as Sheet 2) METES AND BOUNDS DESCRIPTION of a 3.97-acre tract of land located in Section 26, Block A-K, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point that bears N 01' 53' 29" E an approximate distance of 701.06 feet and S 88° 06' 31" E an approximate distance of 40.67 feet to the northeast corner of Section 26, Block A-K; THENCE N 880 11' 3 1 " W an approximate distance of 490.64 feet; THENCE N 01 ° 52' 05" E an approximate distance of 645.21 feet; THENCE S 880 14' 34" E an approximate distance of 35.74 feet; THENCE S 850 22' 50" E an approximate distance of 144.93 feet; THENCE S 010 52' 05" W an approximate distance of 454.29 feet; THENCE S 880 11' 3 1 " E an approximate distance of 310.14 feet; THENCE S 010 52' 06" W an approximate distance of 183.85 feet to the Point of Beginning and containing approximately 3.97-acres. This description was prepared for purposes of a zoning request and does not represent a survey made upon the ground. Prepared for: LCDEV LLC March 3, 2022