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HomeMy WebLinkAboutOrdinance - 2016-O0016 - Zone Case 3275 - 02/11/2016First Reading Item No. 6.10 January 28, 2016 ORDINANCE NO. 2016-00016 Second Reading Item 6.2 February 11, 2016 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3275; A ZONING CHANGE FROM R-1 TO C-4 SPECIFIC USE FOR MINI WAREHOUSES AND ALL UNCONDITIONALLY PERMITTED C-4 USES, ON 2.36 ACRES OF UNPLATTED LAND OF BLOCK D6, SECTION 2, 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. 3275 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 R-1 to C-4 Specific Use for mini warehouses and all unconditionally permitted C-4 uses on 2.36 acres of unplatted land of Block D6, Section 2, City of Lubbock, Lubbock County, Texas, located at 7902 19" Street and 1806 Alcove Avenue, 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 R-1 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 7902 19" Street and 1806 Alcove Avenue, 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 29, 9016 Passed by the City Council on second reading on GJoKN C. RO ERTSON, MAYOR ATTEST: RebeLca Garza, City Secretar Zone Case No. 3275 page -2of3 APPROVED AS TO CONTENT: Andrew Paxl6n, Director of Planning APPROVED AS TO FORM: Justi Pr hitt, sista-r ity Attorney vw/CityAtl/1 ustin/Zones/ZC3275 January 7, 2016 Zone Case No. 3275 page - 3 of 3 'D AMD ENGINEERING, LLC Rezone to C-4 METES AND BOUNDS DESCRIPTION of a 2.36 acre tract of land located in Section 2, Block D-6, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows: BEGINNING at a point in the East line of said Section 2 for the Southeast and beginning corner of this tract whence the Southeast comer of Section 2, Block D-6 bears S00°06'00"E, a distance of 65.00 feet; Thence West, along the North Right of Way line of 19th Street, approximately a distance of 319.17 feet to a point for the Southeast corner of Tract B, Stash Addition to the City of Lubbock, Lubbock County, Texas, as recorded in Volume 5349, Page 178, Real Property Records of Lubbock County, Texas, and for the Southwest comer of this tract; Thence N00°1TI 3"W, along the East line of said Tract B, Stash Addition, approximately a distance of 113.50 feet to a point for the Northeast corner of said Tract B, Stash Addition and in the South line of Tract A, said Stash Addition for a comer of this tract; Thence East, along the South line of said Tract A, Stash Addition, approximately a distance of 20.12 feet to a point for the most Easterly Southeast comer of said Tract A, Stash Addition for a corner of this tract; Thence N0097'1 3"W, along the East line of said Tract A, Stash Addition, approximately a distance of 200.09 feet to a point for a corner of this tract; Thence N33'53'1 5"W, along the East line of said Tract A, Stash Addition, approximately a distance of 25.80 feet to a point for the Northeast corner of said Tract A, Stash Addition and for the Northwest comer of this tract; Thence East, along the South line of the tract described in Volume 8908, Page 102, Official Public Records of Lubbock County, Texas, approximately a distance of 314.12 feet to a point in the East line of Section 2, for the Northeast comer of this tract; Thence S00°06'00"E, along the East line of Section 2, approximately a distance of 335.00 feet to the Point of Beginning and containing approximately 2.36 acres, including any Right of Way. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. Prepared for: National Storage Solutions December 1. 2015 P.1201606241-SM6-19TH 8