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HomeMy WebLinkAboutOrdinance - 2006-O0012 - Amending Zoning To Make Changes: Zone Case No. 1183-A; Automobile Towing Yard - 01/26/2006First Reading January 26, 2006 Item No. 6.4 ORDINANCE NO. 2006:-<>0012 Second Reading February 9, 2006 Item No. 5.7 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1183-A; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE FOR AN AUTOMOBILE TOWING YARD ON A 12.92 ACRE TRACT OUT OF SECTION 5~ BLOCK 0, 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 found 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 amendment to the Zoning Ordinance and Map have been fully complied with, including giving notices in compliance with Section 29-24 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), 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 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 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 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. 1183-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from M-2 to M-2 Specific Use for an automobile towing yard under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on a 12.92 acre tract out of Section 5, Block 0, City of Lubbock, Lubbock County, Texas, located at 1201 E. Loop 289, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT only towed vehicles will be allowed within the storage area. No salvage will occur on the parcel. Crushed vehicles shall inunediately be removed. Vehicles may be stored until the owner is legally eligible to sell the carcass as scrap, which will be removed from the parcel as soon as practical. No build up of useless or abandoned vehicles shall occur. 2. THAT an eight-foot metal perimeter fence shall surround the storage lot. 3. THAT access to the storage yard shall be only from East 16lh, with no gates or openings of the fence on the west line (the Loop frontage). 4. THAT the fence be allowed on the property line on East 16m and that the building have a minimum of twenty-five feet of setback from Loop 289 and East 16th (per existing Code). 5. THAT the applicant shall have a landscape plan approved on by the Planning Commission for the Loop frontage portion of the project prior to a construction pennit. The plan should include the front and "wrapping" the landscape around the northwest and southwest corners of the parcel to help buffer the view from the Loop. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with 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 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 Director of Planning 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)(l8) of Codified Zoning Ordinance No. 7084 on the property described as a 12.92 acre tract out of Section 5, Block 0, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance 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 reason, the remainder of this Ordinance shall not be affected thereby. Zone Case No. 1183-A page-2 of3 SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on second reading this ~==- OUGAL,MAYOR ~~-~ R ecca Garza, Ctty Secretary , Senior Planner APPROVED AS TO FORM: ~ 1-~ .-4 . c::::::k-~~-..---~ Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCases/ZC1183-A January 10, 2006 Zone Case No. 1183-A page-3 of3 Ordinance Ho. 2006-o0012 Zone Case No. 1183-A Exhibit "A" Zone Case 1183-A Metes and Bounds Metes and Bounds description of a 12.92 Acre Tract out of Section 5t Block 0, Lubbock County, Texas, further described as follows: BEGINNING at a point for the Northeast comer of this tract whence the Northeast comer of Section 5, Block 0 bears N 00°03'40"W 3473.65 feet; THENCE S 00°03 '40" E, 541.38 feet; THENCE S 89°30'38" Wt 1039.24 feet; THENCE N 00°03'00" W, 541.38 feet; THENCE N 89°30'38" Et 1039.35 feet to the Place of Beginning and containing 12.92 Acres. For ZONE CASE purpose only.