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HomeMy WebLinkAboutOrdinance - 2001-O0070 - Amending Zoning 7084 Zone Case 2920 From C-3 To C-4 Specific Use - 08/30/2001First Reading August 30, 2001 Item No. 56 Second Reading September 13, 2001 Item No. 28 ORDINANCE NO. 2001-00010 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2920; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE ZONING FOR MINI-WAREHOUSES ON A 2.17 ACRE PORTION OF LAND OUT OF TRACT U-2-A, GREENLA WN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, 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 finds 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 29-29 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 the proposed amendment, and the public hearing according to said notice, was duly 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 determined by the City Council 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. 2920 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-24( c )(25) of the Code of Ordinances of the City of Lubbock from C-3 to C-4 Specific Use for mini-warehouses on a 2.17 acre portion of land out of Tract U-2-A, Greenlawn Addition, City of Lubbock, Lubbock County, Texas, located South of 19th Street and West of Elmwood Avenue. Subject to the following condition and being further described as follows: METES AND BOUNDS DESCRIPTION of a portion of Tract "U-2- A-1", replat of Tract "U-2-A", Greenlawn Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 3490, Page 346, Real Property Records of Lubbock County, Texas, being further described as follows: BEGINNING at a railroad spike set in the west line of Tract "U-2-A- 1" for the Northwest corner of this tract which bears East a distance of 465.00 feet and South a distance of 265.00 feet from the Northwest corner of Section 5, Block E-2, Lubbock County, Texas; THENCE East, at 185.00 feet pass a ½" iron rod with cap found at the Southwest corner of Tract "U-2-A-2", Greenlawn Addition, according to the map, plat and/or dedication deed thereof recorded in Volume 3490, Page 346, continuing along the South line of said Tract "U-2-A- 2" for a total distance of 335.00 feet to a ½" iron rod with cap found in the West right-of-way line of Elmwood Avenue at the Southeast corner of said tract and the Northeast corner of this tract; THENCE South, along the West right-of-way line of Elmwood Avenue, a distance of 285.00 feet to a½" iron rod with cap found in the North line of a 20 foot alley at the Southeast corner of Tract "U-2- A-1" and the Southeast corner of this tract; THENCE West, along the North line of a 20 foot alley, a distance of 294.83 feet to a ½" iron rod with cap found at the Southeast corner of a tract leased to Lubbock SMSA Limited Partnership as described in Volume 5178, Page 64 at the most Southerly Southwest corner of this tract; THENCE North, along the East line of the Lubbock SMSA lease tract, a distance of 50.00 feet to a ½" iron rod with cap found at the Northeast corner of said lease tract and an "ell" corner of this tract; THENCE West, along the North line of the Lubbock SMSA lease tract, a distance of 50.00 feet to a "crow's foot" cut on a concrete retaining wall in the West line of Tract "U-2-A-1" for the Northwest corner of said lease tract and the most Westerly Southwest corner of this tract; THENCE North, along the West line of Tract "U-2-A-l", a distance of 109.00 feet to a½" iron rod found at a corner of said tract; THENCE East, continuing along a line of Tract "U-2-A-1", a distance of 6.80 feet to a ½" iron rod found at a corner of said tract; THENCE North, continuing along the West line of Tract "U-2-A-1", a distance of 14.20 feet to a ½" iron rod found at a corner of said tract; THENCE East, continuing along a line of Tract "U-2-A-1", a distance of 3.03 feet to a railroad spike found at a comer of said tract; THENCE North, continuing along the West line of Tract "U-2-A-1", a distance of 111.80 feet to the Point of Beginning, and containing 94,581 square feet or 2. 7173 acres. SUBJECT TO THE FOLLOWING CONDITION: 1. Materials and location of perimeter fence shall be the option of the developer. Zone Case No. 2920 Page2of3 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 29-24 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 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 29-24( c )(25) of Codified Zoning Ordinance No. 7084 on the property described as a 2.17 acre portion of land out of Tract U-2-A, Greenlawn Addition, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-31 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 this 30th day of August Passed by the City Council on second reading this 13th day of September ATTEST: £~~n_o Re15ecca Garza, City Secretary a '" APl&r.D AST CONTENT: Rancly Henso APPROVED AS TO FORM: ~---<· c:;YC/~~- Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC2920.ORD Ccdocs/08/22/01 Zone Case No. 2920 Page3 o/3 , 2001. , 2001.