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HomeMy WebLinkAboutOrdinance - 10211-1999 - Zone Cae 1917-D Zoning Change C-3 To C-4 Mini Warehouses - 10/28/1999First Reading Oct. 28. 1999 Item No. 35 II ORDINANCE NO. 10211 ----- Second Reading Nov. 4. 1999 Item No. 11 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASENO. 1917-D; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE ZONING FOR MINI WAREHOUSES ON A PORTION OF LAND OUT OF SECTION 1, BLOCK JS, 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 fmds 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 0/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 i 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. 1917-D SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are 1 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 portion of land out of Section 1, Block JS, City of Lubbock, Lubbock County, Texas, located north of 4th Street and east of Frankford. Subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION OF THE PLAT LIMITS OF TRACT "P" WEST WIND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS BEING A REPLAT OF TRACT "G-2" WEST WIND ADDffiON AND A PORTION OF THAT TRACT DESCRIBED IN VOLUME . 4683 PAGE 127 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DESCRffiED AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD FOUND FOR THE NORTHEAST CORNER OF TIDS TRACT AT THE NORTHWEST CORNER OF TRACT "E" WEST WIND ADDITION FROM WHENCE THE SOUTHWEST CORNER OF SECTION 1, BLOCK JS, LUBBOCK COUNTY, TEXAS IS '! CALLED TO BEAR SOUTH A DISTANCE OF 677.99 FEET AND WEST A DISTANCE OF 560.00 FEET; THENCE SOUTH, ALONG THE WEST LINE OF SAID TRACT "E", A DISTANCE OF 458.0 FEET TO A 5/8" IRON ROD FOUND AT THE NORTHEAST CORNER OF TRACT "D-1" WEST WIND ADDITION FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE WEST, ALONG THE NORTH LINE OF SAID TRACT "D-1'', A DISTANCE OF 195.0 FEET TO A CONCRETE NAIL AND SHINER FOUND FOR A CORNER OF TIDS TRACT; THENCE NORTH, ALONG AN EAST LINE OF TRACT "G-1", A DISTANCE OF 50.0 FEET TO A CONCRETE NAIL AND SmNER FOUND FOR A CORNER OF THIS TRACT; THENCE EAST, ALONG A SOUTH LINE OF TRACT "B" COX ENTERPRISES ADDITION, A DISTANCE OF 35.0 FEET TO A lh" IRON ROD WITH CAP FOUND FOR A CORNER OF TIDS TRACT; THENCE NORTH, ALONG THE EAST LINE OF TRACTS "A" AND "B" OF SAID COX ENTERPRISES ADDITION, A DISTANCE OF 408.0 FEET TO A 1h" IRON ROD WITH CAP FOUND IN THE SOUTH LINE OF A 20 FOOT ALLEY FOR THE NORTHWEST CORNER OF TIDS TRACT; THENCE EAST, ALONG THE SOUTH LINE OF SAID ALLEY, A DISTANCE OF 160.0 FEET TO THE PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Amend the site plan to allow a seven foot masonry block wall fence on the north, east and south. 2. The southwest gate shall be used as a secondary entrance. 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-4 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 portion of land out of Section 1, Block JS, 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. Zone Case No. 1917-D Page 2 of2 I ' , I 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 28th day of October 1999. Passed by the City Council on second reading this 4th day of 1lovember 1999. APPROVED AS TO FORM: ~~c4-. ... __e-. Linda L. Chamales, Supervising Attorney, Office Practice Section U..C:cp/ZC1917.0RD Ccdocs/10/19/99 Zone Case No. 1917-D Page3 oj.l.