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HomeMy WebLinkAboutOrdinance - 2007-O0038 - Amending Zoning Ordinance 7084. Zone Case 3077 - 04/26/2007Pirst Reading April 26. 2007 ltea No. 6.2 ORDINANCE NO. 2007-o0038 Second Reading May 11, 2007 ltea No. 5.1 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3077; A ZONING CHANGE FROM T TO C-4 SPECIFIC USE FOR A MINI-WAREHOUSE AND RV STORAGE FACILITY ON 11.43 ACRES OF UNPLATTED LAND OUT OF SECTION 23, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; 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 reconunendation 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 1986 Comprehensive Land Use Plan as amended is a guide to help the Lubbock Planning and Zoning Conunission and 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 1986 Comprehensive Land Use Plan as amended, which protects 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 29-24 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Goverrunent 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. 3077 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from T to CM4 Specific Use for a mini-warehouse and RV storage facility under provisions of Section 29M24 of the Code of Ordinances of the City of Lubbock on 11.43 acres of unplatted land out of Section 23, Block E2, City of Lubbock, Lubbock County, Texas, located at 4916 130th Street, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A" SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the perimeter of future additions will be screened with a fence similar to the existing development or the back of a row of lockers may substitute for the required screening. 2. THAT the parcel will be limited to one drive return on FM 1585. 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 29M24 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 districts; 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 29M24 (c) 24 of Codified Zoning Ordinance No. 7084 on the property described as 11.43 acres of unplatted land out of Section 23, Block E2, 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 29M3 I 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. 3077 page -2 of4 AND IT IS SO ORDERED. Passed by the City Council on frrst reading this 26th day of _ __:Ap::!:,::r=il=---' 2007. Passed by the City Council on second reading this 11th day of May , 2007. : /~i(!{~Lf:. DAVIT>~LLER,MAYOR ATTEST: ~~~ Rebecca Garza. City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Linda L. Chamales Senior Attorney Office Practice ml/cityatt/Linda/ZoneCases/ZC 1893-Z Aprill6, 2007 Zone Case No. 1893-Z page-3 of3 Exhibit "A" Ordinance No. 2007-o0038 BEGINNING at a found 3/8" rod in the North Right-of-Way line ofF. M. 1585, for the Southwest corner of this tract which is called to bear North 50 feet and S 89.56' E, 1269.06 feet from the Southwest corner of Section 23, Block E2, a found railroad spike bearsS o·o7'09" W, 50 feet and S 89.44'5511 W, 1270 feet, a found W' rod bearsS 89.48'28" W, 1269.9 feet and S o·o7'09" W, 50 feet; THENCE N o·o7'09" E, along the East side of a crushed asphalt road, 647.7 feet to a found 3/8" rod; THENCE N o·o6'00" E, with said road, 565.5 feet to a found 3/8" rod for the Northwest corner of this tract; THENCE S 89.59'53" E, 410.2 feet to a found 3/8" rod for the Northeast corner of this tract; THENCE S o·o7'10" W, along the West line of the tract described in Volume 1985, Page 62, Lubbock County Real Property Records (LCRPR) 565.4 feet to a found 3/8" rod; THENCE S o·o6'08" W, along the West line ofthe Tract described in Volume 1985, Page 62, (LCRPR) 547.8 feet to a found 3/8" rod for the Southeast corner of this tract; THENCE N 89.59'53" W, along the North Row line ofF. M. 1585, 410.2' feet to the Place of Beginning containing 11.43 acres and including any Right-of-Way. Bearings are parallel and perpendicular to the 101.50'09" meridian, at the Southwest corner Section 1, Block A. This tract is shown to be tracts 19 & 20 on the unrecorded Plat of Valley View Acres. There are some old structures on this tract. Ronald Key, the buyer informed us that these structures would be moved or destroyed and it was not necessary to show these structures for this survey.