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Home My WebLink AboutOrdinance - 9898-1996 - Zone Case 1615-H Zoning Change C-3 To C-4 Home Improvment Store - 04/18/1996First Reading April 18, 1996 Item #24 Second Reading May 9, 1996 Item #8 ORDINANCE NO. ___ 9"""'8=-98-=----- AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK.ING THE FOLLOWING CHANGES: ZONE CASE NO. 1615-H; A ZONING CHANGE FROM C-3 SPECIFIC USE TO C-4 SPECIFIC USE ZONING FOR A HOME IMPROVEMENT STORE WITH ENCLOSED GARDEN CENTER ON A TRACT OUT OF SECTION 28, BLOCK E-2, 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 1 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 I • 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. 1615-H 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)(24) of the Code of Ordinances of the City of Lubbock from C-3 Specific Use to C-4 Specific Use for a home improvement store with enclosed garden center on a tract out of Section 28, Block E-2, City of Lubbock, Lubbock County, Texas, located South of 58th Street and East of Loop 289, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION of a 9.000 acre tract of land located in Section 28, Block E-2, Lubbock, Lubbock County, Texas, be"· g further described as follows: I BEGINNING at a cross on concrete curb found in the South right-of-way line of 50th Street at the Northeast corner of this tract which bears West, a distance of 2278.60 feet and South, a distance of 2670.00 feet from the Northeast corner of Section 28, Block E-2, Lubbock, Lubbock County, Texas; THENCE S. 00°00'27" E., a distance of 457.65 feet to a railroad spike set in pavement for the Southeast corner of this tract; THENCE S. 89°59'33" W., a distance of 612.16 feet to a 1/2" iron rod with cap set in the Northeasterly right-of-way line of Loop 289 for the Southwest corner of this tract; THENCE Northwesterly, along the Northeasterly right-of-way line of Loop 289 and around a curve to the right, said curve having a radius of 2748.93 feet, a central angle of 13 °27131 11, a chord distance of 644 .23 feet, a chord bearing of N. 44°44'29" W., and an arc length of 645.72 feet to a 1/2" iron rod with cap found in the future South right-of-way line of 50th Street at the Northwest corner of this tract; THENCE N. 89°59'3311 E., along the future South right-of-way line of 50th Street, a distance of 1065.58 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the outdoor display of portable buildings, plant material and garden and yard equipment shall be limited to the front sidewalk in a manner as to not effect pedestrian access or safety. b. That 150 adjacent parking spaces to the South shall be used in conjunction with Home Depot. c. That no product shall be stacked above exterior garden center chain link walls. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance to 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 Specific Use 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)(24) of Codified Zoning Ordinance No. 7084 on the property described as a tract out of Section 28, Block E-2, 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. ZONE CASE NO. 1615-H --PAGE2- SECTION 5. THAT the City Secretary is hereby authorized t<l, cause publication of the descriptive caption of this Ordinance as an alternative method provided'by law. AND IT IS SO ORDERED. ATTEST:· ~remcy APPROVED AS TO CONTENT: APPROVED AS TO FORM: 1'1:-..-=--=-~-~ ~ c:?~ :,-,-___e;___ Linda L. Chamales, Assistant City Attorney LLC:js/ZC1615-H.ORD ccdocs/April 9, 1996 ZONE CASE NO. 1615-H --PAGE3- CHE-JOURNAL tion Corporation .n to before me this, _ _...;;._...;;. __ day of _ _.M ........... a=-'y ______ _..19,:::t/J!·::t,,=::::=====---:-::::-- RECEIVED MAY 151996 CITv' SECRETARY LUBBOCK, TEXAS ORDINANCI! .io.,m !An ordlnancecill!endl~11 Zonlnv Or• i' dlnance No. 14'84 ond the offlclal I ' mop Of the Cltv ol Lubbock making ; the followli,g cha nun: Zon1 Co1t · No. 215J.A1 a zoning .chan1a from IM to C-4 zonln1 on Loil ,.., 0.1 -~ado Addition, Lubbock, Texas· lubfect lo C:Ondftlona; PrDVldlno a ''' Ptnattv 1 1trovldln, a tc,vlntn W0111• and Pl'OVldlnt for PUblfcq-. on. I !' SECTION 2. THAT vlololfon ol anv ,frovlalons of 1h11 Ordinance •hofl Ji::-1 deemed a mfldtmtanor PUnlah• · able llv a fine not to 'txcead Twa l•T(S2ho111ond ond Noll00 Dollar• I ,000.0(1) al Pt"OVfdtd In $tcllon ',J9-3I Of lht Zonln1 Ordlnaj1Ct a, the ,ic1tv Of Lubbock. I i!fl-3206 ' ' NOTARY PUBLIC in and for the State of Texas My Commission Expires .................. ___ _ day of :S::£i-nc:. ~Al"~~~ PATTI TATE ¥ Notary Puldtc. State ol Texas ~ My Comm1S!'·:m &.pues 6-30-96 ~. ~,.J l:/(, 19 ______ _ l . NOTICE OF, PUBLIC HEARING fNOTIC:E Is hentb; tlven that the } Cllv eouncll wUt:. hold.a Pu .. bllc Heorillll an Thursdav, APi-1118, 1996 at 10:30 a.m., In lhe Cltv Coul'K:tl Chambers, 1625 13th street, Lul>- l!ack, T,xos, to co"4!der the nteom- 'mendatlan, bv the .Plannln1,1 and i>mnll'III CommlSIICII lhal JGnlllll be :, cl\Qn9ed .on certoln praperlles In ,' Lubbock/Texos. Cltv ·Of 1.14>1:!0ek '• Cftv Couricll meellnvs •re avoll- X:AS -. ~ j$ ~ Notary Publlc in and for Lubbock County, Te,cas on this day tbiro.. CC. EJ EMARKETING MANAGER of the Southwestern Newspa- 1blishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly i say that said newsp r as been published continuously for more than fifty-two weeks pri- m of this " :able to all. person, reoardless llf : dlsobllltv. If \lllU require tP8(;1a!as.- •lstance, pleose contact the Clfv \ of the original and was printed in the Lubbock $eeretan,'s,Offlce at 767-2026 or l+-1!¥'11#1...,,......,~t------,.-:--:-T'' =~ ~u~ :P,:J=:u~~ 9 tJ.le !o!°;. ~$<le.t;f =-•,... ...... ,.,.......,....,.,......_.....,.,._ ____________ -:-______ _ advcnc:e of the m<Nllina. Alf Inter• 11~~.J.._..,,!!._,,,J,,,,_.-#-.J,._.,.~J-a:...1]5..._.-c,~-----------~-:,"'\---.....,.--~--+---,~· ______ _ efed persons mav ueak. then the Clfv Council WIii Oct Oft ,euch rec• omrnendcllons. The followln9 -/JIJ (-cases wlll be heord; .ll.J. ZONE CASE NO. ~ .. e: Request 1a'.t.4-=:::..:::_-or;._s.,,::b:.,:::;_____ w .ol l)Qrl Osborne lforKurton Devel· 'ETING •a"'-"*A. GER NOTARY PUBLIC In and for the State of Texas ®mentl' far a mnl~ cha/Ille from -.. MMt'1 . · R-2 to AM specific Use tor a ,er----------------My Commission E,c:pires .................. ___ _ · sonol care fad Illy, tfflllllcof or 11tn• erol cfllct, Olld an ~ru:ondftlOl)allv CHE-JOURNAL .ptrmltllld R·2 -an Lots 208i2l1, Terra Estate$ North t651WSJ64th 1·on Corporation Street). / .