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Home My WebLink AboutOrdinance - 9274-1989 - Amending Zoning Ordinance 7084 Zone Case 2629 Wrecking Yard - 04/27/1989DGV:js First Reading Apri 1 27, 1989 Item #8 Se.tond Reacting May 11, 1989 Item #7 ORDINANCE NO . ..;;.9;;;;.;27...;.tl __ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2629; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE PERMIT FOR A WRECKING YARD ON A TRACT OUT OF SECTION 3, BLOCK S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PRO- VIDING 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 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. 2629 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 M-2 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 3, Block S, City of Lubbock, Lubbock County, Texas, located at 3105 Slaton High- way, subject to conditions and being further described as follows: Being a tract of land out Section 3, Block S, Lubbock, Lubbock County, Texas, and being further described by metes and bounds as follows: BEGINNING at a point which bears South 89°17 1 2511 West, a distance of 651.82 feet from the Northeast corner of the Southeast 1/4 of said Section 3, Block S, Lubbock, Lubbock County, Texas; THENCE N. 89°17 125 11 East, a distance of 229.77 feet to a point for the Northeast corner of this tract; THENCE S. 00°42'35 11 East, a distance of 793.70 feet to a point in the North right-of-way line of U. S. Highway 84 for the Southeast corner of this tract; THENCE N. 73°36'07 11 West, along the North right-of-way line of the highway, a distance of 240.46 feet to a point for the Southwest corner of this tract; THENCE N. 00°42'3511 West, a distance of 722.96 feet to the PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. The operator must hold a permit (or licenses) issued in accor- dance with the City Code of the City of Lubbock, Texas. b. That such vehicle storage or other merchandise on the premises shall be arranged to provide reasonable inspection of, or access to, all parts of the premises. c. That signs shall be limited to the existing freestanding sign. d. That any drainage requirements, as required by the City Engi- neering Department, shall be met. e. That all such premises shall be open for inspection to, and meet the requirements of the City's fire, police, health and building authorities. f. That no advertising shall be permitted on the screening fences. A concrete block fence with wooden inserts shall be constructed in front of or in lieu of the existing front fence. The cyclone fence shall be slatted, as noted, on the East and West (noted on the site plan). The six (6) foot high fence as described on the site plan, shall surround the entire property and be permanently maintained. g. That no outside sales/display areas shall be allowed. h. That no vehicle in storage shall be stacked or permitted to be stacked. i. That the operation shall be limited to storage of towed/ impounded vehicles and sale of whole vehicles or carcasses. Only incidental sales of individual parts shall be permitted. j. That the turnover of vehicles shall be within one hundred eighty (180) days of impound or deposition in the yard. The Codes Ad- ministrator may grant extension for individual vehicles when the operator presents written documentation that a hardship or un- usual circumstances exist. Such extension shall include a pro- posed date of compliance for disposal of the vehicles. - 2 - il SECTION 2. THAT the Codes Administrator of the City of Lubbock is au-li thorized to issue a Specific Use Permit to the Applicant in said Zone Case 1 : in accordance with the conditions imposed by the City Council, provided said I I 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 M-2 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 3, Block S, 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. 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. Passed by City Council 1989. Passed by City Council 1989. AND IT IS SO ORDERED. on first reading this 27th day of _..:..;Apa;;..;r;...;i;..;.l __ _ on second reading this 11th day of ....;M..;.;a;;.ty;...;_ ___ _ :d:-~-11/:~ B. C. McMINN, MAYOR - 3 - THE STATE OF TEXAS COUNTY OF LUBBOCK R-123 Before me Frances He roan dcz a Notarv Public in ~od for Lubbock Countv. Texas on this dav personally appeared T.J·. Aufill' ).ccount Manaf!er 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 been published continuously for more than fifty-two weeks prior to the first insertion of this I ee;al Notice . No. 50..6244 at Lubbock County. Texas and the attached print- ed copy of the I tl!!! e:a I Notice is a true copy of the original and was printed in the bbock Avalanche-Journal on the following dates: th~m~uili~~.Q~~~~~;.;~. 79~· 0 Account Mtnaf!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this ..,.2.3.._ day of _ __.M....,a.._Y.._· ___ , t9___M . . . . lli!(ONI> • "lACING ORoiH.lN~ FORM58·10 ~DINANCE HQ:. mt FRANCES HERNANDEZ Notary Public, Slate of Texas My Comm•ssion EMpires 7-6·91 THE STATE OF TEXAS COUNTY OF LUBBOCK R-66 Before me Diana Whitehead a Notary Public in and for Lubbock County, Texas on this day personally appeared T.J. Auft II • Account Hanaeer 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 -1:L;;4EHS!;I&+I-HU~e~t:-a1Hc~e~--------- -------------No. 506307 at Lubbock County, Texas and the attached print- ed copy of the t.eflJIII Nntj ce Avalanche-Journal on the following dates: 134 ~ord• @ .46 = $61.64 is a true copy of the original and was printed in the Lubbock Account Han eer LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation AP r11 12 • 1989 DIA.NA WHITEHEAD NOTARY PUBLIC in lnd for State of Texas. My Commi5Sion Eapi~ !1·26-90 Subscribed and sworn to before me this 24th day of .c:~A.z:p~r_.t.._l.__ ___ , 19 89 FORM58-11l CITYC~.:..-.NG NOTICE hf~ liven to all In-terested peraons as Provided bV law, that the Cltv Council will hold a public hearing on April 27, 1989, at 10;30 A.M., In 1he CIIV .Council Chilmbers •• 1625 13th Streel, Lub- bock, Texas, to conskler the~ mendat!ons Of the Planning and Zoning Commlnlon thelthe zoning Ordinance 1C84 · be amended to amend stclions Of old Zoning Or· dlnance lis llefCtlbed below; and at which lime and place all Interested JlerSonS will .be Ill/en an ®IXIrlunl· tv to be heard. altar whlcllllaarlng,. the Cltv Council · wlll determine omether IIIII Zoning Ordlnance will be lf!lended In accordanca ~ with· · sue:" ~ecommendat!on.: ZOH~ CASE NO, 2629: Recniest Of Jlmmv ICing tor zoning ch.!lnue from M·2 to M·2 Sr:>eeltlc use !lor a wrecklno yard! on a tract out Of SKI!on ~. Block s Ul115 Slaton Hklhwav ), . ~ ll-t6 . -. -\