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HomeMy WebLinkAboutOrdinance - 8395-1983 - Amend. Zoning Ord. #7084 And Lubbock Map Changes: Zone Case #1565-D - 01/27/1983ORDINANCE NO. 8395 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1565-D; A SPECIFIC USE ZONE CHANGE, FROM C-4 TO C-4 SPECIFIC USE PERMIT UNDER PROVI- SIONS OF SECTION 22.3-24 OF THE ZONING ORDINANCE, FOR MINI-WAREHOUSES ON PART OF TRACT B, SOUTHWEST COMMERCIAL PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; 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, morals, and general welfare to make those proposed 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, as well as giving notices in compliance with Section 26 of Ordinance No. 7084, as well as notices provided by Article lOllf, Vernon's Annotated Civil Statutes, amended in 1961, and notice was duly published in the Lubbock Morning 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 Room on the second floor of the City Hall, Lubbock, Texas, at which time persons appeared in support of the proposal; and, after said hearing, it was by the City Council determined 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. 1565-D SECTION 1. THAT Ordinance No, 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: A Specific Use Zone Change, from C-4 to C-4 Specific Use Permit under provisions of Section 22.3-24 of the Zoning Ordinance, for mini-warehouses on part of Tract B, Southwest Commercial Park Addition, City of Lubbock, Lubbock County, Texas, located at 49th Street and Homestead Avenue. METES AND BOUNDS DESCRIPTION for a portion of Tract "B", Southwest Commer- cial Park Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of Tract "B", Southwest Commercial Park Addition to the City of Lubbock, Lubbock County, Texas; ·- THENCE East a distance of 90.21 feet; THENCE South 36°04'45" East a distance of 200.00 feet; THENCE South 53°55'15" West a distance of 58.98 feet to a point of curva- ture; THENCE around a curve to the right, said curve having a radius of 150.00 feet, an interior delta angle of 36°04', a tangent distance of 48.85 feet, and a chord distance of 92.90 feet; THENCE West a distance of 56.71 feet to a point of curvature; THENCE around a curve to the right, said curve having a radius of 15.00 feet, an interior delta angle of 89°57 1 15", a tangent distance of 14.99 feet, and a chord distance of 21.20 feet; THENCE North 00°02145" West a distance of 210.00 feet to the Point of Beginning. CONTAINS: 34,201.81 square feet. SECTION 2. THAT the Director of Planning of the City of Lubbock is authorized to issue a Specific Use Permit to the Applicant in said Zone Case in accordance with the recommendations and conditions imposed by the Planning and Zoning Commission, on file with the office of the Director of Planning and the City Council which are hereby adopted and incorporated herein by reference for all purposes, 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, an Ordinance of the City of Lubbock, including particularly, but not limited to Section 22 of Zoning Ordinance No. 7084, 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 auto- tically revert back to the C-4 zoning district; and the Director of Planning in such event is directed to remove from the Zoning Map the legend indicating such limited use. The Specific Use authorized by this Ordinance is permitted under provision of Section 22.3-24 of Zoning Ordinance No. 7084 on the pro- perty respectively described as Tract B, Southwest Commercial Park 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 two hundred dollars as provided in Section 1-5 of the City Code. SECTION 4. THAT should any paragraph, sentence, clause, phrase or ord 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 publication of the descriptive caption of this Ordinance as an alternative ethod provided by law. • .. AND IT IS SO ORDERED. Passed by City Council on first reading this 27th Passed by City Council on second reading this ~i.u.,,,,,,,,,r- ATTEST: Nort cutt, Administrator and Environmental Control APPROVED AS TO FORM: BI Susan M. Horton, Assistant City Attorney -------, 1983. ....... .._ ........ '¥.&.-__ , 1983. THE ~ ..... ~ TE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notarv Public i~ ~rlj1'NJl~t;;;<.::.. Countv. Texas on this dav personally appeared Twi I a Auf i 11, Acco urit Manager of the S~uthwestern Newsp~- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sundav. who being by me duly sworn did depose and say that said newspaper has been published continuouslv fo~ more than fifty-~wo weeks_prior to the first insertion of this Lel:!al Notice-1137 words@60t per WO rd $682.20 No. 647482 at Lubbock County. Texas and the attached print- ed copy of the Notice i~a true copy of the original and was printed in.the Lubbock Avalanche-.Journal on the following dates: KIKIUUt Feb rua rY 12 & 19, 1983. L-45 ·Account Mana LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sw,·•·1 ';> before me this -2.J.r.d day of February . 19...8.L