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HomeMy WebLinkAboutOrdinance - 2023-O0079 - Zone Case 2538-AA - 06/27/2023� irst Reading une 27, 2023 tem No. 7.7 ORDINANCE NO. 2023-00079 Second Reading July 11, 2023 Item No. 6.7 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2538-AA; A ZONING CHANGE FROM C-3 AND R-2 TO C-2 SPECIFIC USE FOR A SELF-STORAGE FACILITY, GENERALLY LOCATED EAST OF UPLAND AVENUE AND NORTH OF 19TH STREET, ON 4.05 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-AA 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 and R-2 to C-2 Specitic Use for a Self-Storage Facility zoning district generally located east of Upland Avenue and north of 19�h Street, on 4.05 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 and R-2 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 east of Upland Avenue and north of 19�h Street, on 4.05 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-AA Page - 2 AND IT IS SO ORDERED. Passed by the City Council on first reading on June 27, 2023 Passed by the City Council on second reading on July 11, 2023 TRAY PAYD�'�iCIAYOR AT ST: Courtney Paz, City Sec tary APPROVED AS TO CONTENT: Kr' •ten Sager, Directo f Planning APPROVED AS TO FORM: � elli Leisure, Senior Assistant City Attorney vwlCityAtt/Kel I ilZones/ZC2538-AA )une I, 2023 Zone Case No. 2538-AA Page - 3 rA'J' �M� 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 4.05-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 S 01' 52' 00" W an approximate distance of 65.00 feet and N 88' 08' 00" W an approximate distance of 987.22 feet to the southwest corner of Section 10, Block JS; THENCE N 880 12' 02" W an approximate distance of 240.00 feet; THENCE N 010 41' 25" E an approximate distance of 734.49 feet; THENCE S 880 18' 35" E an approximate distance of 230.00 feet; THENCE S 430 18' 35" E an approximate distance of 14.14 feet; THENCE S 010 41' 25" W an approximate distance of 724.96 feet to the Point of Beginning and containing approximately 4.05-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 April 26, 2023 NOTPLATTED BLK.ISSEC 10 AB 1485 TR D5 OWNER: 806LAND GR0UPLLC N:7275244. E: 911277.� NOT PLATTED BLKJSSEC 10AZ 1485 TR D2 OWNER: 806 LANI GROUPLLC NOTPLATTED BLK.ISSEC 10 AB 1485 TR D OWNER: 806LANDGROUPLLC 19TH STREET (HWY 114) 149 148 w 147 V) �- 145 O L.L 150 151 145 1 14 BURGAMYPARK LOTS 130-177 �— (CCFN:2022003894) i 143 / 142 141 I 140 NOTPLATTED BLK.ISSEC 10 AB 1458 TR C3 OWNER: CARL CLARY P.O.B. FROM THIS POINT, THE SOUTHWEST CORNER OF SECTION 10, BLOCK JS BEARS 5.01'52'00"W. 65,00' AND N.88'08'00"W 987.22' N: 7274502.65 —E:911495.71 — — — SOUTH UNE SECTKAV 10 BLOCK as -------r------------------- I I T ZONE CHANGE APPLICATION EXHIBIT (SHEET2) A 4.05 ACRE TRACT OF LAND LOCATED IN SECTION 10, BLOCK JS, LUBBOCK COUNTY, TEXAS NOTES SCALE: " = too' 0 RE TO C-2. SPECIFIC USE FOR SELF STORAGE FROM C-3, GENERIC RETAIL DISTRICT SCALE: 1 "=100' 50' 100' 200'