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HomeMy WebLinkAboutOrdinance - 2014-O0141 - Zone Case 3003-C - 11/06/2014r n bl Aunulllg October 23, 2014 Item No. 6.4 ORDINANCE NO. 2014-00141 accullu nxdUlllg November 6, 2014 Item No. 6.13 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3003-C; A ZONING CHANGE FROM C-2 AND R-1 SPECIFIC USE TO C-4 SPECIFIC USE FOR MINI STORAGE AND RV STORAGE, ON 6.9 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 21, 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 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 1986 Comprehensive Land Use Plan as amended is a guide to help the Lubbock Planning and Zoning Commission 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 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. 3003-C 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-2 and R-1 Specific Use to C-4 Specific Use for mini storage and RV storage on 6.9 acres of unplatted land out of Block AK, Section 21, City of Lubbock, Lubbock County, Texas, located at northeast corner of Milwaukee Avenue and 1071h 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 property be tied to the proposed site plan, with the ability for minor adjustments of building locations, including a 15' setback from Milwaukee Avenue and a 0' setback on the north and east property lines; and 2. THAT the RV storage area may also be rearranged to fit internal traffic flow needs. 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-2 and R-1 Specific Use 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 northeast corner of Milwaukee Avenue and 1071h 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. Zone Case No. 3003-C page -2of3 AND IT IS SO ORDERED. Passed by the City Council on first reading on October 23, 2014 Passed by the City Council on second reading on November F 1014 GI, C�. ROBERTSON,MAYOR ATTEST: Reb t cca Garza, City Secre[. APPROVED AS TO CONTENT: GO REE❑ AND ASSOCIATES, INC. 1401 AVENUE N I LUBBOCK. TEXAS 79901 1806176 56421 FAX V061763-3891 Ir ` TEXAS REGI SEEDED ENGINEERING FIRM F400 TEXAS LICENSED SURVEYING FIRM 100679-00 LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of an approximate 6.9 acre tract of land located in Section 21 Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of Section 21, Block AK, for the Southwest corner of this tract which bears N. 01°50'45" E. an approximate distance of 2635.0 feet from the Southwest corner of said Section 21, Block AK, Lubbock County, Texas; THENCE N. 01 °50'45" E., along the West line of said Section 21, Block AK an approximate distance of 778.8 feet to a point for the Northwest corner of this tract; THENCE S. 88°11'21" E. an approximate distance of 383.0 feet to a point for the Northeast corner of this tract; THENCE S. 01 °50'45" W. an approximate distance of 783.4 feet to a point for the Southeast corner of this tract; THENCE N. 87°30'29" W. an approximate distance of 383.0 feet to the Point of Beginning. Contains an approximate 6.9 acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY August 22, 2014 S8801112111E 383.0 3D' seTsaac �EUTIVE ro �. �,.��.STNG POYIER LfF.S � P fAIS u�y b —• P I a '1 O 0 b O Lij'i Ji J�1 ORALE/ ou In V y RV uYY m 117 All V 1 1 O v 1 N 0C) STORAGE i ill C i r S? - R STORAGE ._ so' v co 119 a r : ' r & 6.9 ACRES :13' N 118 3D' seTsaac �EUTIVE ro �. �,.��.STNG POYIER LfF.S � P fAIS u�y b —• P I a '1 O 0 b O Lij'i Ji z � ou In V y uYY m 117 pr O 3D' seTsaac �EUTIVE ro �. �,.��.STNG POYIER LfF.S � P fAIS u�y b —• P - -- - - - —__ ---- - - - - -- �- 87°30'23"W_ i a�� ASSOCIATES ANDI REED Z LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCKTEXAS 78W1 Scale: 1"=100' TE"LlM4MsuR1frM4FOq„%Ws= PHONE: GD61763.6642 1nusREoaloFUEMCMOVgfRYr_x�o FAX: 808 1 783 -Ml A � In V lf) 117 O N - -- - - - —__ ---- - - - - -- �- 87°30'23"W_ i a�� ASSOCIATES ANDI REED Z LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCKTEXAS 78W1 Scale: 1"=100' TE"LlM4MsuR1frM4FOq„%Ws= PHONE: GD61763.6642 1nusREoaloFUEMCMOVgfRYr_x�o FAX: 808 1 783 -Ml