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HomeMy WebLinkAboutOrdinance - 9189-1988 - Amending Zoning Ordinance 7084 Zone Case 2609 Salvage Yard - 03/24/1988BLL:js First; Reiiding March 24, 1988. Item U;~; Second Reading April 14, 1988 Item 11 ORDINANCE NO. 9189 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2609; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE PERMIT FOR A SALVAGE YARD ON LOT 1, LEWTER'S 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 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 Chiiimber 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. 2609 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 salvage yard, on Lot 1, Lewter's Addition, City of Lubbock, Lubbock County, Texas, located at 6500 Southeast Drive; sub- ject to conditions: SUBJECT TO THE FOLLOWING CONDITIONS: a. That any signage must meet City Ordinance requirements; THE STATE OF TEXAS ft•l.Ta COUNTY OF LUBBOCK Before me France& Hernent111 a Notary Public in and for Lubbock County. Texas on this day personally appeared T.J. Avfil& • Accoant Mana'.tr 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 __ ...,f...,.e..,.lf....,a"'"I....._'""N...,.f'::..ot...,t...,c""'w"""·---------- ------=--~-=--==----::--=---No. 8?1•116 at Lubbock County, Texas and the attached print- ed copy of the Ll«tl llotJ,ce is a true copy of the original and was printed in t_he Lubbock Avalanche-Journal on the following dates: AllrS.I_ 16! 21• 1.911 528 ~erda • .11 • 8464.64 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this Jrd day of __,H......,..a_..y ___ _ .OR01Nif(lll(;~#tt16 '' • · A~ ~RPltiAN!:E ABANDON· lNG .A.NO CLOSING A PORTION' OF 6;NO S.TREI£1 TO THE CITY OF .1..\JBBOCK,·liJBBOCK COUN· .TV. TJ;XA$, AND MORE PARTIC· UU._RI.. Y 'PE.SCRIBEO JN THE, fiQOY OF TKI$ ORDINANCE~ I:H•· RECTING ;t.HE CITY ENGINEER; TO..MARK . .THE'OFFICIAI,. MAPS· OF'·Tt-IE CITY .OF .LUBBOCK -TO llf:FLECTSAID ABANOQN·· Mli!tn' ANO'ClOlHNG; PROVIO. lNG A .SAVINGS CL.AU$EU!oND ... JtOYID.ING.FOil PUBLICA· ;~~-. . . . ' .:_,, b. That plant materials other than turf must be installed on South-. east Drive; c. That a maximum of one crane over 10' in height is permitted on the lot; d. That no stacking of materials shall be allowed above the 8' fence level; e. That no car or truck parts or bodies shall be handled as scrap materials at this location; and f. That the fence and building shall be of new construction and materials. 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 lim- ited 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 re- version occurs, the Codes Administrator is directed to remove from the Zon- ing Map the legend indicating such specific use. The Specific Use autho- rized by this Ordinance is permitted under provision of Section 29-24(c)(18) of Codified Zoning Ordinance No. 7084 on the property described as lot 1, Lewter's Addition, 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. - 2 - 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 24th day of ~Maa.lr-~.c..uh __ _ 1988. Passed by City Council on second reading this 14th day of ---'A..~~:Pu..r..s.i..t..l __ _ 1988. ATTEST:- APPROVED AS TO FORM: Benjam~ant Ci~ Attorney B. C. McMINN, MAYOR .. 3 ...