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Home My WebLink AboutOrdinance - 9265-1989 - Amending Zoning Ordinance 7084 And The Official Map Of The City Zone Case 2628 - 03/23/1989II DGV:js First Reading March 23, 1989 Item f/6 Second Reading Apti 1 13,. 1989 Item #12 ORDINANCE NO. 9265 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2628; A ZONING CHANGE FROM IHI TO M-2 SPECIFIC USE PERMIT FOR A WRECKING YARD ON A TRACT OUT OF SECTION 80, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 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 amend- ment to the Zoning Ordinance and Map have been fully complied with, as well as giving notices in compliance with Section 29-29 of the Code of Ordi- nances, City of Lubbock, Texas, as well as notices provided by Section 211.007(c), Texas Local Government Code, 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 such 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. 2628 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: A change of zoning from IHI to M-2 Specific Use Permit, under provi- sions of Section 29-24(c)(18) of the Code of Ordinances of the City of Lubbock for a wrecking yard, on a tract out of Section 80, Block A, City of Lubbock, Lubbock County, Texas, located at 711 Erskine Avenue, subject to conditions and being further described as follows: BEGINNING at a 3/4" pipe set at a distance of 1919.20 feet West and a distance of 40.00 feet South of the Northeast corner of Section 80, Block A, and the Northeast and beginning corner of this survey; THENCE South, a distance of 519.00 feet to a set 3/4" pipe in the North line of a 30.00 foot street for the Southeast corner of this survey; THENCE West, a distance of 209.80 feet with the North line of said street to a set 3/4" pipe for the Southwest corner of this survey; THENCE North, a distance of 519.00 feet to a set 3/4" pipe in the South line of Erskine Street for the Northwest corner of this survey; THENCE East, a distance of 209.80 feet parallel to and a distance of 40.00 feet South of the North line of Section 80, Block A to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. It must comply with Section 29-24(c)(18)a-h of the Code of Ordi- nances of the City of Lubbock. b. The operation shall be limited to the storage of towed vehicles and sales of whole vehicles or carcasses. No sales of individ- ual parts. c. That development shall be in compliance with the site plan pre- sented to the Planning and Zoning Commission with a slatted six (6) foot cyclone fence along the North, East and West property lines. The slats must be maintained in good repair. 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 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 IHI zone district; and if such reversion 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)(18) of Codified Zoning Ordinance No. 7084 on the property described as a tract out of Section 80, 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 One Thousand and No/100 Dollars ($1,000.00) as provided in Section 29-31 of the Zoning Ordi- nance of the City of Lubbock. - 2 - ~---------------------------------------------------------------------------------------------~-- ! . SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any rea- son, 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 23rd day of March 1989. Passed by City Council on second reading this 13th day of April 1989. __:..;.r;..:....;..;... __ _ ~Cc-(1/~ B. C. McMI; MAYOR ATIEST: APPROVED AS TO FORM: - 3 - 1 l 1 I j l fJ r. t THE STATE OF TEXAS R-89 COUNTY OF LUBBOCK Before me Diana Whl tehead a Notary Public in and for Lubbock County. Texas on this day personally appeared T,J. Aufill • Account Manal!er of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening 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 prior to the first insertion of this ---~L-e ... c..,.auiL-...JNL1oK..Jit_.1Uicll.;:!eL-_________ _ -------------No. 756259 at Lubbock County. Texas and the attached print- ed copy of the Lel!al Notice is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following da.tes:0 AP r&l :LS ' 22, 1969 280 Worda -,92 c $Z57,6 .7 ~ Acc;;i! HanuT- LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation DIANA WHITEHEAD NOTARY PUBLIC in and For State of Texas.. My Commission EKI)ires 9·26-90 Subscribed and sworn to before me this 26thday of ....:A:..;;.P:;._;_r.;::;l..;.l __ ~· 19_!!_ ··.··~ttO·· li . ~ :.0.9263 . FORMSS-10 , 4H ~ i· ~--------------------------------------------i·~~-~~~ l---------------- 01 f THG. LIJ aacr; 1ft THEIR e.III!~U}Y SO A$ TO Q\IISI! y..., J<ci!• QU!REMENT$ WITH Q$Pe'CT· TO CON'STRU(;TIO.H OF ORIVE· WAYS INTO PRIVATE PROPER· TY FROM THJ! STReET A& SET. FORTH IN THE. 80QY OF THIS ORDINANCE: ·pROVIOIN<; A , PENALTY; PROVlOING A SAY· 'lNG$ CLAUSE! AND PllOVIDING FOR PU8LICATION ANI) EF· FECTIVE PATE OF THIS OROI· NANCE. , . .. oRrnNANce No. 91.64 ; : AN ORDiNAHCE AMEND· tNG ZONING ORDINA'NCE NO. 1084 ANI) THE OFFICIAL MAP OF THE ClTY Of' .LUBBOCK MAK!NG . THE . .FOLLOWING CHANGE$: ZONE CASE NO. :1627; A ZONING .cHANGE ~R .. OM C·2• c-:1, C·3 SPECIFIC USE AND C-4 TO C..! ZONING ON LOTS 1, 2, 5 AND 6. &LOCK 20 WEST END PL:ACE AOOITION AND LOT$ 1. AND 2. BLOCK 1, AND LOTS, 1.0, BLOCK 2. WEST ENC.PL.ACE AN· NEX, LU.8B0CK, TEXAS! SU&· JECT TO CONDITIONS! PROVIO· lNG A PENAI..TY;PROVIDING A . $AVINQilO.AUI~ lloNQ PROVIO·. IN,C:O f'OR plJ8.LI¢A:TIQM. . ORDINAI'ICE NO. 9265 I. THE STATE OF TEXAS R-66 COUNTY OF lfJ3~Rf~, Hernandez Before me I f a Notar~ P~lic in.rlnd for Lubbock Countv. Texas on this dav personally appeared .~. AU 111 ' AC:CDU t rme 1 r of the S~uthwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has blentf.u~lished continuously for more than fifty-two weeks prior to the first ii2lf~ij:ff this Lei!PJ Cl 1 ce --------r-t-.~en~rJt-UN · Nn . .ubbock County. Texas and the attached print- ed copy of the e a _., -/_ / •f the original and was printed in the Lubbock Avala§~··lfiYfp~~o~htj itloi ~ w· _ S..;_t.;,__;;1;;_;9__;;._:_59 _________ _ wr~ 2a~/ ~countiUer LUBBOCK AV ALANCHE-.JOUR __ _ Southwestern Newspapers Corporation FRANCES HERNANDEZ Notary Public, State of Texas My CommissiOil Expires 7-6-91 Subscribed and sworn to before me this 13th day of __ H_e_r_c_h ___ , 19!!_ FORM58-10 I NDTI~'~ ,, I CIT"~": COti"'CIL tft&IV"'G I NOTICE '' hereby given lo all In· terestad Persons as Provided by law. that lhe City Council will hold a PUblic he•ring on March 23 1989 at .I0:30 A.M., In lhe Clly C~uncli Chambers, 1625 l:tth Street, Lub· bOCk, T~xa .. to consider the recom-mendations of .the Planning and . Zoning Commission that the Zoning Ordinance 708.4 be amended to amend sections ot said Zoning Or· din."nc~ as described below; i!nd at ' whiCh It me and Place alllntereslad persons will be given an oppertuni· tv to be heard, alter which hearing , the City Council wUI ·determin;, ' whether the Zoning Ordinance will be. amended In accordance with such recommendation· · . An Or.dinance amendi~g Chapter 29 ; of Lu~k City Code by l>rovlding I SJ>eCiflc requirements concerning , the Parking of vehicles, recreation- al vehicles and equll>ftlent or trail-~ ers; regulating POrkJng IUr.laces tor •!t vehicle and oversized te- creatlonaJ equiPment or trailers· llfOVIding lora saving• clause and Providing lor PUblication. 1 ·NOTtC$ OF PUBt.le HEAR lNG ~ IS H1!REBV GIVEN ~t i 1111 ~lv c;ovncn will 1101c1 • Public Hearing on Ttwrsc:tav. March. 23. '*' et, )0:30 A.M .• tn the Cltv touncll bmmbers, 162513th Street. L.ubbCJCk, T exes. to conskler rec· ommendatlons bV the Plannl~ and Zoning commission that zoning be changed on certain properties In LubbOck. Tex;~s. 'All Interested per· sons maY speak, then the CitY Council-will act on such recommen· <lations. lne following zone cases , will be heard: I . . ued ' ZONE ~ASE NO. 2621: Conlin reQuest of David Govette (for Lar· rY Elliott. Minor cooper, et all for zoning change from C-2. C-3. C·3 Specific Use and C·4 .to c~ on Lots 1, 2, 5, and 6 ot. Block 2 west End Place Addlllon and Lots t i!nd 2. Block 1. and LOis 1-6. Block 2. West End Place Annex (South of 19th Street from Juneau Avenue to LaS..IIe Avenue). • , .. 'ZONE CASE 0NO. 2621: Re<!UCII at BuddY Barron (lor Royce Parrish dba RP'• Heavy Dutv Towing) tor zoning chan11e trom IHI to M·2 Spe-1· cillc u.e lfor a wrecking vardl on a tract l)Ut of Section 80, BlOCk .A 1711 Erskine). CeMkler sae Plan IPMCI'fll of C-•· vi<l Govtlt. tor l;nerP5 I Zone Cese 210++11 toc:atl!l:f eatt of Slkle Road and IICII'Ibotllllll street. R-66 ' R-66 TilE STATI-: OF TEXAS COl'~TY OF UIBBOCK Refon~ m<' France$ Hernandez a Notarv Public in and for Lubboc·k Countv. Thxas on this dav pNsonally appeared T.J. Aufill' Account Manai!er of the s,;uthwestern Newsp~ pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who bdng by me duly sworn did depose and sa~· that said newspaper has been published continuously for more than lirtv-two Wet'kS prior to tht' first insertion or this Leli:!a I Notice · No.827293 at Lubbo<·k County. Texas and the attached print- ed ('op~·of the Leli:!a I Notice is a tru<' copy of the original and was printed in the Lubbock :\vala~(,ll(··w~rpa~ on@th~ !~lo~injf&1f;"a2 Ma reb 8' 198~ 1 LUBBOCK AVALANCHE-.JOliHNAL Southwcsl<>rn N<'wspap<'rs Corporation Subscribed and sworn to before me this 13th day of __ M_a_r_c_h ___ , 19~ 'I