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HomeMy WebLinkAboutOrdinance - 10201-1999 - Zone Case 2857 Zoning Change From R-1/T To M-2 Automobile Impound Lot - 09/23/1999First Reading Sept. 23, 1999 Item Ro. 40 I i Second Reading Oct. 14. 1999 Item Ro. 20 ORDINANCE NO. 10201 --=..;:;...;;;;..:..;;;;__ __ _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2857; A ZONING CHANGE FROM R-lff TO M-2 SPECIFIC USE FOR AN AUTOMOBILE IMPOUND LOT ZONING ON A PORTION OF LAND OUT OF SECTION 25, BLOCK A, 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, the 198p Comprehensive Land Use Plan 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 on a portion of land out of Section 25, Block A, Lubbock, Texas, is a minor deviation from the 1986 Comprehensive Land Use Plan and attempt to protect 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 29-29 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (V emon, 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. 2857 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)(l8) of the Code of Ordinances of the City of Lubbock from R-lff to M-2 Specific Use for an automobile impound lot on a portion of land out of Section 25, Block A, City of Lubbock, Lubbock County, Texas, located north of U.S. Highway 62-82 and east of Olive Avenue. Subject to the following conditions and being further described as follows: Metes and Bounds. description for a zone change request for 50.36 acres of land in Section 25, Block A, Lubbock County, Texas being further described as follows: Beginning at a point which is the Northwest corner of a tract of land recorded in Volume 1641, Page 69 of the Deed Records of Lubbock County, Texas, said point being approximately N. 89°31 '20" E. 1980 feet; THENCE N. 89°31'20" E., an approximate distance of 1058.2 feet; THENCE S. 00°25'00" E., an approximate distance of 615.00 feet; THENCE S. 89°31'20" W., an approximate distance of250.00 feet; THENCE S. 00°25'00" E., an approximate distance of 135.00 feet; THENCE N. 89°31'20" E., an approximate distance of250.00 feet; THENCE S. 00°25'00" E., an approximate distance of 590.8 feet; THENCE N. 89°59'40" E., an approximate distance of 439.1 feet; THENCE S. 00°14'40" E., an approximate distance of 154.9 feet; THENCE S. 52°09'10" \V., an approximate distance of 430.3 feet; THENCE S. 43°33'20" \V., an approximate distance of 259.0 feet; THENCE S. 45°10'00" W., an approximate distance of241.8 feet; THENCE N. 00°25'50" E., an approximate distance of 540.2 feet; THENCE S. 45°50'35" W., an approximate distance of 599.8 feet; THENCE S. 45°53'20" W., an approximate distance of 520.2 feet; THENCE N. 00°24'40" W., an approximate distance of 2348.8 feet to the Place of Beginning. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That a solid screen fence shall be provided on the perimeter of any developed portion of the lot. 2. That there be no sale of auto parts or portions of wrecked vehicles to the general public. 3. That no vehicle shall be crushed or otherwise destroyed on this parcel. 4. That no vehicle shall remain on the property for longer than twelve (12) months unless extenuating circumstances are verified to the Director of Planning. Zone Case No. 2857 Page:Zof3 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 R-lff 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 )(18) of Codified Zoning Ordinance No. 7084 on the property described as a portion of land out of Section 25, Block A, 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/1 00 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. APPROVED AS TO FORM: -...... ~ c:;kc::-'4.. ... ~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC2857.0RD Ccdocs/09/14/99 Zone Case No. 2857 Page3of3