HomeMy WebLinkAboutOrdinance - 2023-O0051 - Zone Case 2538-GG - 05/09/2023First Reading
April 25, 2023
Item No. 7.10
Second Reading
May 9, 2023
Item No. 6.29
ORDINANCE NO. 2023-00051
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2538-GG; A ZONING CHANGE
FROM C-3 TO C-2 SPECIFIC USE FOR SELF -STORAGE ZONING DISTRICT
AT 7015 4TH STREET, LOCATED EAST OF UPLAND AVENUE AND SOUTH
OF 4TH STREET, ON 4.99 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-GG
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 Self -
Storage zoning district at 7015 41h Street, located east of Upland Avenue and
south of 4ch Street, on 4.99 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 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 7015
4TH STREET, LOCATED EAST OF UPLAND AVENUE AND SOUTH OF 4TH
STREET, ON 4.99 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on April 25, 2023
Zone Case No. 2538-GG
Page - 2
Passed by the City Council on second reading on
APPROVED AS TO CONTENT:
Kristen Sager, Director of Planning
APPROVED AS TO FORM:
& kA�
elTh Leisure, Senior Assistant City Attorney
vwlcityatt/Kelli/ZoneCase Z.C2538-GG
April 6, 2023
May 9, 2023
Zone Case No. 2538-GG
Page - 3
AMD ENGINEERING, LLC
DESCRIPTION FOR A ZONING CHANGE REQUEST IN
SECTION 10, BLOCK JS,
LUBBOCK COUNTY, TEXAS
(Sheet 1 of 2, Sketch of tract attached as Sheet 2)
METES AND BOUNDS DESCRIPTION of a 4.99-acre tract of land located in Section 10, Block
JS, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described
as follows:
BEGINNING at a point that bears N 01 ° 42' 27" E an approximate distance of 60.00 feet and
bears another N 880 11'52" W an approximate distance of 901.24 feet to the northwest corner of
Section 10, Block JS;
THENCE S 880 1 P 52" E an approximate distance of 645.78 feet;
THENCE S 430 16' 22" E an approximate distance of 21.24 feet;
THENCE S 01 ° 39' 08" W an approximate distance of 304.43 feet;
THENCE S 460 44' 47" W an approximate distance of 14.12 feet;
THENCE N 880 06' 49" W an approximate distance of 65 1. 10 feet;
THENCE N 010 42' 27" E an approximate distance of 328.47 feet to the Point of Beginning and
containing approximately 4.99-acres.
This description was prepared for purposes of a zoning request and does not represent a
survey made upon the ground.
Prepared for: 806 Land Group, LLC
February 28, 2023