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HomeMy WebLinkAboutOrdinance - 8457A-1983 - Amend. Zoning Ord. #7084 And Lubbock Map For Changes: Zone Case #2406-A - 09/22/1983' ' SMH:de 9-~{J.-1)3 io-13-'b~ ORDINANCE NO. __ 8_45;_7_-A_ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OfflCIAL MAP Of THE CITY Of LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2406-A; 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-WARE- HOUSES ON A TRACT Of LAND OUT Of SECTION 44, BLOCK AK, CITY Of LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; 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 es hereinafter made have been duly presented to the Planning end Zoning Commission for its recommendation which was received by the City Council end, after due consideration, the City Council finds that due to changed conditions, it would be expedient end in the interest of the public health, morels, end general welfare to make those proposed changes in zoning; end WHEREAS, ell conditions precedent required by law for a valid amend- ment to the Zoning Ordinance end Map have been fully complied with, es well es giving notices in compliance with Section 26 of Ordinance No. 7084, es well es notices provided by Article 1011f, Vernon's Annotated Civil Statutes, emended in 1961, end notice was duly published in the Lubbock Morning Avalanche-Journal more then fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, end 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, et which time persons appeared in support of the proposal; end, 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 end the Zoning Map be emended in the manner hereinafter set forth in the body of this Ordinance end 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. 2406-A SECTION 1. THAT Ordinance No. 7084 end the Official Zoning Map BE and the same ere hereby emended es 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-ware- houses on a tract of lend out of Section 44, Block AK, City of Lubbock, Lubbock County, Texas located et 19th Street end Milwaukee Avenue, subject to conditions end being further described es follows: METES AND BOUNDS DESCRIPTION for the plat limits of Tract "A", Milwaukee Place, en Addition to the City of Lubbock, Lubbock County, Texas, being further described es follows: BEGINNING et a point which beers S. 00°02' E., 85.00 feet from the Northwest corner of Section 44, Block A-K, Lubbock County, Texas; • • ; I THENCE S. 89°57'32" E. a distance of 532.70 feet; THENCE S. 15CI04'21 11 E. a distance of 159.22 feet; THENCE s. 33°31 '02" E. a distance of 203.33 feet; THENCE S. 89Cl55 101" E. a distance of 97. 18 feet; THENCE S. OOCl04'43" w. a distance of 770.33 feet; THENCE N. 89°55'3B11 w. a distance of 781.87 feet; THENCE N. 00°02' w. a distance of 1093.12 feet to the Point of Beginning. CONTAINS: 18.2411 acres SUBJECT TO THE FOLLOWING CONDITION: a. Approval of C-4 Specific Use for mini-warehouses and C-4 uses (22.3-23 and 22.3-24) subject to prohibiting the following uses: 1. private club 2. teenage club 3. dance hall 4. game room 5. night club 6. bar 7. lounge B. second hand goods store 9. used car lot 10. billboards 11. auto body shop 12. feed store 13. used furniture store 14. motorcycle shops 15. public garage 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 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 automatically revert back to the C-4 zoning district; and the Director of Planning in such event is directed to remove --I • ,. I I 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 property respectively described es Section 44, Block AK, 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 word 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 es an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 22nd day of September 1983. ' Passed by City Council on second reading this 13th day of October , 1983. ______ ......,.._ APPROVED AS TO CONTENT: APPROVED AS TO FORM: Susan M. Horton, Assistant City Attorney THE STATE OF TEXAS [ COUNTY OF LUBBOCK B f Bonnie McKee e ore me -------,,..,....:-----,---,--a Notary Public in and £or Lubbock Co ntv. Texas on this dav personally appeared Tw1 la Aufil I, Account Manal!er of the S~uthwestern Newsp~- pers Corporation. publishers of the Lubboek Avalanche-Journal -Morning. Evening and Sundav. who being by me duly sworn did depose and say that said newspaper has been published continuo.JJsly fo~ more than fifty-two weeks prior to the first insertion of this Lei!al Notice-863 w0rd1i@ti6t ~er WO rd-$569. 58 No. 785045 at Lubbock County. Texas and the attached print- ed copy of the __ N_o_t_i_c_e ________ is a true copy of the original and was printed in the Lubbock Avalanche-.Journal on the following dates: October 15 & 22, 1983. L-5756 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation ;ji1tJsr11~i;:d anr1 sworn to before me this 24th day of