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HomeMy WebLinkAboutOrdinance - 2012-O0043 - Zone Case 1647-E - 04/26/2012First Reading April 26, 2012 Item No. 6.4 ORDINANCE NO. 2012-00043 Second Reading May 3, 2012 Item No. 5.15 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1647-E; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE FOR AN AUTO AUCTION AND SALVAGE YARD, ON 9.46 ACRES OF UNPLATTED LAND OUT OF BLOCK S, SECTIONS 3 AND 4, AND NORTH PART OF TRACT A, COVER -ALL ADDITION, 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, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been frilly 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. 1647-E 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 M-2 to M-2 Specific Use for an auto auction and salvage yard on 9.46 acres of unplatted land out of Block S, Sections 3 and 4, and north part of Tract A, Cover -All Addition, City of Lubbock, Lubbock County, Texas, located at 3215 Slaton Highway, 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 north, west, and south boundaries shall be screened with a fence to match the existing adjacent fence. 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 M-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 3215 Slaton Highway, 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 No1100 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 April 26, 2012 Passed by the City Council on second reading on _ May 3, 2012 TOM MARTIN. MAYOR Zone Case No. 1647-E page -2of3 0401M 2 . o, . - �K Rebe a Garza, City Secretar Ordinance No. 2012-00043 METES AND BOUNDS FOR ZONE CASE 1647-E BEGINNING at a point which bears South a distance of 616.6 feet and West a distance of 147.5 feet from the North West corner of the South West quarter of block S, Section 4, THENCE North 0:45:14.2 East A distance of 621.63 Feet, THENCE South 89:24:12.2 East A distance of 655.05 Feet, THENCE South 1:14:04.6 West A distance of 629.26 Feet, THENCE North 88:25:20.4 West A distance of 651.43 Feet, THENCE South 23:23:31.3 East A distance of 3.90 Feet, to POINT OF BEGINNING. Contains 9.37 acres of unplatted land. As required by SECTION 1, CHAPTER 2051, SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS of the Government Code, the City of Lubbock hereby provides notice that the data within these metes and bounds was created by the City of Lubbock. Any data that appears to represent property boundaries is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries.