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Home My WebLink AboutOrdinance - 9497-1992 - Zone Case 1227-B, Zoning Change From C-3/M-1 To C-4 Mini-Warehouses - 01/09/1992LLC:js First Reading January 9, 1992 Item #7 Second Reading January 23, 1992 Item #10 ORDINANCE NO. 9497 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1227-B; A ZONING CHANGE FROM C-3 AND M-1 TO C-4 AND C-4 SPECIFIC USE PERMIT FOR MINI- WAREHOUSES ON ALL OF BLOCK 1, GORDON-BOZEMAN ADDITION, 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 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. 1227-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning on Lots 9 and 10, Block 1, Gordon-Bozeman Addition, City of Lubbock, Lubbock County, Texas, located at 3822 Idalou Road, from M-1 to C-4 Specific Use Permit for mini-warehouses under provisions of Section 29-24(c)(25) of the Code of Ordinances of the City of Lubbock and C-4 subject to the following conditions; and a change of zoning on Lots 1-8, Block 1, Gordon-Bozeman Addition, City of Lubbock, Lubbock County, Texas, from C-3 to C-4 and subject to conditions as follows: SUBJECT TO THE FOLLOWING CONDITIONS: a. That a site plan, including building elevations showing materials, color and texture, shall be submitted and ap- proved by the Planning and Zoning Commission prior to the issuance of a building permit for any new construction or major reconstructions. b. That all uses are permitted which are unconditionally permitted in the C-4 zoning district except: 1. Billboards; 2. Dance Hall; 3. Gameroom, pool, billiard and/or domino parlor; 4. Golf driving range; 5. Mobile home sales; 6. Nightclub, bar or lounge; and 7. Swimming pool, commercial or sales. SECTION 2. THAT the Codes Administrator of the City of Lubbock is au- thorized to issue a Specific Use Permit to the Applicant in said Zone Case in accordance with the conditions imposed by the City Council, provided said applicant agrees to be bound by the terms of the Specific Use Permit, the granting of which is hereby made subject to compliance to all provisions of I Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 29-24 of the Codified Zoning Ordinance, which provides that a Specific Use Permit and 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 M-1 zone district; and if such re- version occurs, the Codes Administrator 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 Codi- fied Zoning Ordinance No. 7084 on the property described as Lot 9 & 10, Block 1, Gordon-Bozeman Addition, City of Lubbock, Lubbock County, Texas. - 2 - SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed One Thousand and No/1OO Dollars ($1,000.00) 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 pub- lication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 9th day of January 1992. Passed by City Council on second reading this 23rd day of January 1992. , ATTEST: APPROVED AS TO CONTENT: J. nector o ann1ng At--~_:_...-_ c:=:::>< c-7~~· Linda[. Chamales, Assistant City Attorney ZC1227-B.ORD/Dl-Agenda - 3 - ' ,, THE STATE OF TEXAS COUNTY OF LUBBOCK 1•1090 Before me Ton,1 tltnrr a Notary Public in and for Lubbock County, Texas on this day personally appearPd 1' uf, Aef 1.1 I• ACCllftt H11,1•1r of the Southwestern Newspa- pers Corporation, publishers of the Lu6bock 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--1Ldl1Hl!1Hl11-lll--lN11c1•t..,l•c••--------------------____________ _,_,o. 101644 at Lubbock County, Texas and the attached print- ed copy of the &1•11 N01lCI h; a true copy of the original and was printed in the Lubbock Avalanche-Journal ol'J,,the following dates:.........,,,..,1.n--. -1.-,---,~1; ... 9J.ll91-!li11'----------------:39Q t.1.)0. ,!:>3 .. ~(jj,. ,o LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me this lttll FORl\158-10 NOTARY PUBLIC I cl for the State ofTexas My Commission Ex · es .... t;S;/-4.9~94 day of. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Ton 'I a Hen r 'I a Notary Public in and for Lubbock County. Texas on this day personally appearPd I .. J, A u f i I I , A c co u n t M zm iUt 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 . I e fl. a 0 1 8ogt i.c e --------------n ____ o...;;.....;;B....;;3....;7 ____ at Lubbock County, Texas and the attached print- ed copy of the I e e. a I no t i c e i~ a true copy of the original and was printed in the Lubbock Avalanche-Journalon the following dates:--iD,...ei>-<CF--1 -2-1-,-:1.._9,.._91-'111-----------------89 wa .53 = 47.17 29·~ Account manaeer LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FORM 58-10