HomeMy WebLinkAboutOrdinance - 2019-O0010 - Zone Case 3365 - 01/22/2019First Reading Second Reading
January 10,2019 January 22,2019
Item No. 7.8 Item No. 9.9
ORDINANCE NO.2019-00010
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES:ZONE CASE NO.3365;A ZONING CHANGE FROM
C-3 TO C-3 SPECIFIC USE FOR A SELF-SERVICE STORAGE FACILITY,ON
4.9 ACRES OF LAND AT 7101 34th STREET,AT THE SOUTHWEST CORNER
OF UPLAND AVENUE AND 34"1 STREET,ON UNPLATTED LAND OUT OF
BLOCK AK,SECTION 38 AB 689 TR 11A &11A1 LOWERY SUB,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.3365
SECTION 1.THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from C-3 to C-3 Specific Use for a self-
service storage facility on 4.9 acres of land at 7101 34th Street,at the
southwest corner of Upland Avenue and 34"'Street,on unplatted land out of
Block AK,Section 38 AB 689 TR 11A & 11A1 Lowery Sub,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 7101
34th Street, 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 January 10, 2019
Passed by the City Council on second reading on January 22, 2019
ATTEST:
�<-
Reb cca Garza, City Se tt � y
DANIEL M. POPE, MAYOR
Zone Case No. 3365
page -2of3
APPROVED AS TO CONTENT:
AJ Fawver, Director of Planning
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
vw/CityAtt/Kel I i/Zones/ZC3365
December 4, 2018
Zone Case No. 3365
page -3of3
LAND SURVEYORS
CIVIL ENGINEERS
HUGO REED AND
1601 AVENUE N / LUBBOCK
EXHIBIT "A"
ASSOCIATES, INC.
TEXAS 79401 / 8061763-5642 / FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
METES AND BOUNDS DESCRIPTION of an approximate 5.0 acre tract of land located in Section 38, Block AK,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the North line of Section 38, Block AK, Lubbock County, Texas, for the Northwest corner
of this tract which bears East an approximate distance of 621.8 feet from the Northwest corner of Section 38, Block
AK, Lubbock County, Texas;
THENCE East, along the North line of said Section 38, an approximate distance of 275.0 feet to a point for the
Northeast corner of this tract;
THENCE South, at approximately 55.0 feet pass the South right-of-way line of 34th Street, continuing South along
the centerline of a North -South 20 foot alley, for a total approximate distance of 788.0 feet to a point in the
centerline of an East-West 20 foot alley, for the Southeast corner of this tract;
THENCE West, along the centerline of said East-West alley, an approximate distance of 275.0 feet to a point for
the Southwest corner of this tract;
THENCE North, at approximately 10.0 feet pass the North line of said 20 foot alley, at approximately 733.0 feet
pass the South right-of-way line of said 34th Street, continuing for a total approximate distance of 788.0 feet to the
Point of Beginning.
PREPARED FOR ZONING PURPOSES ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY.
Prepared for Michael Postar
November 8, 2018