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HomeMy WebLinkAboutOrdinance - 9077-1987 - Amending Zoning Ordinance 7084 Zone Case 2594 Prestressed Structures Inc. - 05/28/1987LJM:js · PREPARED BY LEGAL DEPARTMENT MJW 15, 1987 First .Reading Agenda Item #10 May 28, 1987 Second Reading Agenda Item #7 June 11, 1987 ORDINANCE NO. 9077 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2594; A l j ZONING CHANGE FROM C-4 AND M-1 TO M-2 SPECIFIC USE PERMIT FOR A WRECKING YARD ON A TRACT OUT OF SECTION 4, BLOCK B, AND LOTS 1-2, PRESTRESSED STRUC-1· !i TURES, INC. ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAV-I! INGS CLAUSE AND PROVIDING FOR PUBLICATION. I' ,! ! 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 j City Council finds that due to changed conditions, it would be expedient and 1 in the interest of the public health, safety and general welfare to make Ii those proposed changes in zoning·, and !l Ii WHEREAS, all conditions precedent required by law for a valid amend- i! ment to the Zoning Ordinance and Map have been fully complied with, as well ii 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 Article I lOllf, Vernon's Annotated Civil Statutes, and notice was duly published in I the Lubbock Avalanche-Journal more than fifteen (15) days prior to the date I of the public hearing before the City Council on such proposed amendment, l\,i 1 and the public hearing according to said notice was duly held in the City 1 Council Chamber of the Municipal Building, Lubbock, Texas, at which time 1 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. 2594 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and Ii the same are hereby amended as follows, to-wit: I: Ii Ii I Ii A change of zoning from C-4 and M-1 to M-2 Specific Use Permit, under provisions of Section 29-24(c)(18) of the Code of Ordinances of the City of Lubbock for an automobile wrecking yard, on a tract out of Section 4, Block Band Lots 1 and 2, Prestressed Structures Addition, City of Lubbock, Lubbock County, Texas, located at 3802 Southeast Drive and being further described as follows: METES AND BOUNDS DESCRIPTION of a 1.607 acre tract, more or less, located in Section 4, Block B, Lubbock County, Texas, being further described as follows: BEGINNING at a point on the North side of East 40th Street, a distance of 644.00 feet East of the Southwest corner of Lot 1, Prestressed Structures, Inc. Addition, Lubbock County, Texas; THENCE North parallel with the West line of said Lot 1, Prestressed Structures, Inc., a distance of 200.00 feet to a point; THENCE East a distance of 266.30 feet parallel with the North line of said Lot 1, Prestressed Structures, Inc., to a point in the Southwest- erly right-of-way line of U.S. Highway 84 otherwise known as Southeast Drive; THENCE Southeasterly along the Southwest right-of-way line of U.S. Highway 84, a distance of 260.55 feet to a point where the Southwest- erly right-of-way line of U.S. Highway 84 intersects the North line of East 40th Street; THENCE West a distance of 434.04 feet to the POINT OF BEGINNING. 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 1 j a Specific Use Permit and a Building Permit shall be applied for and secured 1 within thirty (30) months of the effective date of the zone change or all i;( undeve 1 oped property sha 11 automat i ca 11 y revert back to the previous zoning 1 classification, which in this case is the C-4 and M-1 zone districts; 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 4, Block Band Lots 1 and 2, Prestressed Structures , Addition, City of Lubbock, Lubbock County, Texas. i' 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 ($1,000.00) as provided in Section 29-31 of the Zoning Ordi- nance of the City of Lubbock. I I I ! SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any rea- son, the remainder of this Ordinance shall not be affected thereby. - 2 - l I I F i n jt l:i r: I,.! 'i ,. SECTION 5. THAT the City Secretary is hereby authorized to cause pub- lication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. !' Passed by City Council on first reading this 28th day of May i: Passed by City Council on second reading this 11th day of ,J11 oe 11: ii 111 1:: 111 111 j1 1 APPROVED AS TO FORM: I 1: II' V !1 !ii Laura J. Mon Ii Attorney :11 '1'; !, 11: Ii !ii ii! Ii li' I,! 11 1 i[i I j! I ! ~ i! - 3 - 1987. 1987. R-145 THE STATE OF TEXAS COUNTY OF LUBBOCK Bt'fore ml' Di an a Whitehead a Notary Public in and for Lubbock County. Texas on this day p<•rsonall~: appeared Twi I a Auf i 11, Account Mana1te r of the Southwestern Newspa- pers Corporation. publishers of. the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than-fifty-two weeks prior to thl' first insertion of this _ _.L ...... e ... 1;._.a ... l...._ ..... N...,o'--'t ..... i._c ....... e __________ _ ______________ No.757151 at Lubbock County. Texas-and the attached print- ed cop~· of the Le E! a I Not~ ce · is a '1:Y&ri~py1~ ,th28rJgi!i<ijS,d was printed in the Lubbock. Avalan§~5Jo~~n:~in we !~~wJpg$~~1':~ 10---· ---------------- LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this23rd day of _J_u_n_e ____ , 19....!!!_ ~~w~ -· ·· ·-·1 DIANA WHITEHEAD OR01NANca . P\JBLIC in and For State of Texas . . NOl A:Y Commission Expires 9-26·90 ORDIHUICI. tdllD . . y : AN OROiNANce AMIUIOIMG rZONlf.lG OROINANCE tlO. 1084 · <AND THE OFFICIAL MAP OF FOR'.\158-10 !THE CITY OF LUBBOCK·MAK• : ~----------'ING THE FOLLOWIHC,. i-OIAl'«JEJ: ZONECASE NO.UM, ;J-.: -----------------·tA.ZONING CHANG.I; FRQM C...C ' ,,. f;lllDINANd; itoeti .. 1 AN OfltDINANCE AMtHOING ZONU!G ·oRQINANCE NO 7llfl4 AN.D TtfE OFFICIAL MAP OF. THI; CIT-Y OF LUBBCICK MAK• ING ~HE.FOLLOW)NG CHANGES: ZON& CASE NO. 2211,, Cr A ZONING CI-IANGE FROM R• ' SPEClf:IC use TO c;.::, ZONING ON A TRACT OUT OF SECT:fON. ,11,. BLOCK E·2, LUBBOCK, .TEX- lANb-Mol •'rl:>M-t SPet;IFIC USE 'PERMIT FOR. A WAECKIIIG ;YARD ON ATtlAC1 OUT.OF SEC•'. ,.TION ,4 Bt.Oae B, .AND LOTS 1,2; · ,,PRESTRESSf:D STRUCTURE'S. ti NC. ADOITION, 1.UBBOCK, I 1Tli:XA,s,. PROVIDING A PEN,11,v ! 1-T'l'i PR0Vll)ING'.4:SAV1NGS· ! ;cu.use AND PROVIDING FOR ! ,PUBLICATIONc · : : ·:'< ORDl~ANCE #9011,: ·, 1 'Aft ORDINANCE AMENDING :' '1ltONING OROINAtKE fo!Q. 708~'" · .AND THE OFFICIAL MAP OF !THE CITY OF LUBBOCK MAK· :1!',IG ·T·H£' ·FOLLOWING., ,CHANGl;S: lOffE CASE NO. UI>$; : t.A lOWI Nn'CtiANGE FR&.\ t TO.' ;1HI.ZONlNO;ON LOT$23-2482ND }ACRES ADDITION, LUBBOCIC, ,, 1TEXAS1. l!"ROV.IDlNG A PENAL· ;TVi PROVIOl~C, :A .SAVINGS I 1<:LAUSE AND PROVIDING FOR . : fPUBLICATION. · , . ' . i :· . ORDINAN(E fl079 1 , 0 AN 'l!ll:U)INAtil<:E AMENDING ;!ONING ORD\~ANCE NO, 1084· ~ND THE .OFFIC:IAL·MAP.·OF :I ?HE !=ITY,OF.LUBBOCK MAK• ' ~I NG., TH&: ·'F·OLL:OWING CHANGES, ZONE CASE NO; UH• :91 .AMEN.D."'fHE SITE Pt.AN '.CONDl'rlON OF ORDIIIIANCE NO,: . .8625 ON. A (:C-2 ZONED TRACT OUT OF SECTION 11, 81.0CK E•2. LUBBOCK, TEXA$i SU8JECT TO · CONDJT,ONS;;·PR0\1'10UtG A iPENALTY1-PROVIDUIG A SAV• t, ING$ -CLAUSE ANO PAOVIO. tNG FOR PV&LICA TIOH. • n S _i ___ : j .._ • ..: __ ~ • .,...; , AS;· $Ul!J'ECT. TO CONOITIONS; . PROVIDING A PENALTY; f'RQ.. VIDING A s·Avt.NGS CLAUSE' AND PROVtOING FOR Pti&Ll(A. TIP~: , . · · . •. ' ,Ofi!OJNANCE.,.90~ AN OROINANCE CANC:EU.iNG AUTHOR.ITV ANO APPROVAL FOR A 'TRAFFIC SIGNAi. AT 6TH $T.!!EET AND UNIVERSITY AVEN.UE. AN.O. AUTHORIZING" THE REMOVAi,.: OF SAID TRAf' •. FlC S1GNAL AS AN OPERATIVE TRAPFICSIGNAI;.; , . • ORDINANCE,, 9074 : ·: ... ',.' ~' ' . .-: ' _,'' ·'. . ' . :, ' '. . ; ·, '· ,AN ORDI.IIIANCE:-AMENDIHG CHAP1:EA tr. ARTICLE"II OF ., T'HE (:OD.E .OF ORDINANCES OF , THE .CttY. OF· LU8BOC1<, ENTl-, 1.1-ED. f 't=l.00 D tiAtARQ , AREAS,''. 8Y AMENDI-NG SEC. !ION n-hl'ffleREOF .WHICH .. ,uiFINE$. 'WORDS'"ANC> ... PtiRASES useo JN Tiie·-.1n,; ' Cl,.E I AMENDING SECTION 21-19 I WHICH. PlaRTAINS TO 'rffE AO. t M~ISTRA TION OF THE ARTI• , s CLE; PROVIOll,JG A SAVINGS I CLAUSE, PROVIDI.NG FOR'' A ,. <·PENAI.TY'.AS PROVIDED IN SECTION J-4 OF Tf-tE COOE OF OR01NANCES OF THE CITY OF LUl!BOCJC: AND PROVIDING ,: :~ PUBI.ICATI_ON. ; '•11 (S .. • · ' -. ' !