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Home My WebLink AboutOrdinance - 9595-1993 - Zone Case 2698 Zoning Change T To M-2 Junkyard/ Salvage Yard - 02/25/1993First Reading February 25, 1993 Item 1127 Second Reading March 25, 1993 Item 1116 ORDINANCE NO. 9595 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2698; A ZONING CHANGE FROM T TO M-2 SPECIFIC USE ZONING FOR A JUNKYARD, SALVAGE YARD OR AUTO-MOBILE WRECKING YARD ON A TRACT OUT OF SECTION 25 BLOCK A, 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 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 pro- posed 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 giv- ing 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 sup- port 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 here-inafter set forth in the body of this Ordinance and tMs 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. 2698 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from T to M-2 Specific Use under provisions of Section 29-24(c)(18) of the Code of Ordinances of the City of Lubbock for a junkyard, salvage yard or automobile wrecking yard, on a tract out of Section 25, Block A, City of Lubbock, Lubbock County, Texas, located North of Idalou Road and approximately 1/2 mile East of North Olive, and being further described as follows: METES AND BOUNDS DESCRIPTION of a tract of 1 and 1 ocated in the Northwest portion of Section 25, Block A, John H. Gibson Survey, Lubbock County, Texas, lying North of U.S. 82, and being further described as follows: BEGINNING at a point which bears S. 00°25'15" W. a distance of 193.40 feet and S. 45°50' W. a distance of 3464.20 feet from the Northeast corner of Section 25, Block A, Lubbock County, Texas; THENCE S. 45°50' W. a distance of 600.00 feet; THENCE N. 00°25'1511 E. a distance of 1012.10 feet; THENCE N. 45°50' E. a distance of 600.00 feet; THENCE S. 00°25'15 11 W. a distance of 1012.10 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the area noted on the South boundary (200 feet along the property line) outside of the fenced sale area #2 shall be landscaped and permanently maintained. b. That a solid screen fence is provided (chain link with vinyl slats is acceptable) for 150 feet on the West side property line and for 300 feet on the East property line. c. That there be no sale of auto parts or portions of wrecked vehicles to the general public. d. That no dismantling or salvage of parts or portions of vehicles shall occur on this parcel. e. That no vehicle shall be crushed or otherwise destroyed on this parcel. f. That no vehicle shall remain on the property for longer than twelve (12) months unless extenuating circumstances are verified to the Director of Planning. g. That zoning shall be tied to site plan 2698 as presented to the Planning and Zoning Conunission and signed by the Chairman on February 4, 1993. 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 ZONE CASE NO. 2698 --PAGE 2 •- 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 T 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 tract 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/100 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordi- nance 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 publi- cation of the descriptive caption of this Ordinance as an alternative method provided by law. Passed by City Council 1993. Passed by City Council 1993. AND IT IS SO ORDERED. __ F_eb_r_u_a_ry __ , ATT~. ~ . . City Secretary Betty M. Johnson LLC:J•/ZC-2698,0lW 02-Agenda/Fabruary 15, 1993 APPROVED AS TO FORM: c:::;::::i<.; ~-0~ ann ng Linda[. Chamales, Assistant City Attorney ZONE CASE NO. 2698 --Fl.GE 3 -- THE STATE OF TEXAS COUNTY OF LUBBOCK R-1575 Before me Pat t i Tat e a Notary Public in and for Lubbock County, Texas on this day personally appeared I , J , Au f i I I , Ac co u n t M 8 n 8 f! e r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this _ __.,l _.Q!....._.l!!l.,__I.__N......,.o_.t._.i._.c...,e,._ ____________________ _ --------------·0· 10S -4 4 4 e at Lubbock County, Texas and the attached print- ed copy of the Le f! a I .No t i c e is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:----"M .... a ..... r .... c-....fl-2 ..... 7 ... ,...__1 ...... 2: .... 9.3....._ ______________ _ 194 wa ,SS -!06.70 z Account Manaf!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FORM:.8-IU NOTARY PUBLIC in and for the State of Texas My Commission Expires .................. ___ _ 19 93