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HomeMy WebLinkAboutOrdinance - 10215-1999 - Zone Case 921-N Change From R-1 To C-4 For Mini Warehouse - 10/28/1999First: Reading Oct:. 28, 1999 It:em No. 39 II Second Reading Nov. 4, 1999 It:em No. 15 ORDINANCE NO. _10_2_1_5 __ _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASENO. 921-N; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-4 SPECIFIC USE ZONING FOR MINI WAREHOUSES ON A PORTION OF LAND OUT OF SECTION 3, BLOCK E, 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 ofLubbock, 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. 921-N 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 R-1 Specific Use to C-4 Specific Use for mini warehouses on a portion of land out of Section 3, Block E City of Lubbock, Lubbock County, Texas, located south of 50th Street and west of Avenue Q. Subject to the following conditions and being further described as follows: METES AND BOUNDS: Metes and bounds description for a zone change request for an approximate 9.64 acre tract of land located in Section 3, Block E, Lubbock County, Texas being further described as follows: Beginning at a point that is the Southwest corner of Lot B, Briercroft 2nd Addition to the City of Lubbock, Lubbock County, Texas, same point being in the North right-of-way line of a 20 foot alley; THENCE S. 89°58'W., along the North right-of-way line of said 20 foot alley, an approximate distance of 465.02 feet; THENCE N. 45°02' W., along the North right-of-way line of said 20 foot alley, an approximate distance of 14.14 feet to a point in the East right-of-way line of a 20 foot alley; THENCE N. 00°02' W., along the East right-of-way line of said 20 foot alley, an approximate distance of857.75 feet to a point which is the Southwest comer of Lot C-1 Briercroft znd Addition to the City of Lubbock; THENCE N. 89°58' E., along the South lot line of said Lot C-1, an approximate distance of 377 feet to a point that is in the West lot line of Lot 1A-1-A, Briercroft 2nd Addition; THENCE N. 89°52'29" E., along the lot line of said Lot 1A-1-A, an aproximate distance of 33.20 feet to a point that is an inside ell corner of said Lot 1A-1-A; THENCE S. 40°11'21" E., along the West lot line of said Lot 1A-1-A, an approximate distance of 131.95 feet to a point that is the most Southerly Southwest comer of said Lot 1A-1-A, an approximate total distance of338.69 feet to a point in the North lot line of said Lot B, Briercroft 2nd Addition; THENCE S. 89°58' W., along the North lot line of said Lot B, an approximate distance of 153.95 feet to a point that is the Northwest comer of said Lot B; THENCE S. 00°02' E., along the West lot line of said Lot B, a distance of 610.00 feet to the Place of Beginning. SUBJECT TO THE FOLLOWING CONDITIONS: 1. R-panel fencing shall be allowed. 2. The site preparation, including drainage related issues and perimeter fencing shall be addressed during the first constmction permit. 3. Notice shall be mailed to the property owners within a 200 foot radius when a plat is submitted for consideration by the Planning Commission. 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 3, Block E, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fme 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. 921-N Page 2of2 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 Passed by the City Council on second reading this 4th day of November APPROVED AS TO FORM: 11--""-!'A-'~~~~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC92l.ORD Ccdocs/1 0/19/99 Zone Case No. 921-N Page3ofJ '1999. ' 1999.