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Home My WebLink AboutOrdinance - 2010-O0093 - Amending Zoning Ordinance 7084. Zone Case 3144 - 12/02/2010~ ~ ~ .. ~ ~ <j ::"-- \ ~ ~ ~ -....... u., First Reading December 2, 2010 Item No. 6.2 ORDINANCE NO. 2010-00093 Second Reading December 15, 2010 Item No. 5.29 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3144; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE FOR AN AUTO AUCTION ON 15.56 ACRES OF UNPLATTED LAND OUT OF BLOCK S, SECTION 4, LUBBO.CK, 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 29-29 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 A valanche-Joumal 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. 3144 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock from M .. 2 to M-2 Specific Use for an auto auction on 15.56 acres of unplatted land out of Block S, Section 4, City of Lubbock, Lubbock County, Texas, located at 3221 Slaton Road, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". , 0 -f'r1 fV\ 0 0 ~ SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT a solid screening fence shall surround the impound lot. The sales and office buildings may be in front of the fenced area. 2. THAT no sale of auto parts or portions of wrecked vehicles shall be allowed (unless the portion of an automobile arrived as such for auction). 3. THAT no dismantling or salvage of parts of portions of vehicles shall occur on the lot. 4. THAT no vehicle or portion thereof shall remain on the lot for a period of longer than twelve (12) months unless extenuating circumstances are verified to the Codes Administrator. 5. THAT vehicles that are not wrecked in any manner may be parked or displayed outside the compound. 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)(24) of Codified Zoning Ordinance No. 7084 on the property described as 3221 Slaton Road, ·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/1 00 Dollars _ ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lj!J. !) 1. (){)(::, 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. 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. Zone Case No. 3144 page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading on ____ D_e_c_em_b_e_r_2....:;..,_20_1_0 ____ _ Passed by the City Council on second reading on ___ D_e_c_em_b_e_r_l....::;..S-=-,_2_0__;1'--0 ___ _ ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/City Att/Chad/Zones/ZCJ I 44 November 4, 20 I 0 TOM MARTIN, MAYOR Zone Case No. 3144 page-3 of3 r Ordinance No. 2010-00093 METES AND BOUNDS DESCRIPTION of a 15.56 acre tract of land located in the Southwest Quarter of Section 4, BlockS, Lubbock County, Texas, being further described as follows: BEGINNING at a 112" ir~n rod with cap found in the North line of the Southwest Quarter of Section 4, Block S, at the Northeast comer of a 15.00 acre tract described in County Clerk File Number 2008005434 of the Official Public Records of Lubbock County, Texas and the Northwest comer of this tract which bears N. 89°17'25" E. a distance of I 074.52 feet from the Northwest comer of the Southwest Quarter of Section 4, Block S, Lubbock County, Texas; THENCE N. 89°I7'25" E. along the North line ofthe Southwest Quarter of said Section 4, a distance of 508.77 feet to a I/2" iron rod with cap found in theW estern boundary of a tract described in Volume 6I 0 I, Page 209 of the Real Property Records of Lubbock County, Texas, at the Northeast comer of this tract; THENCE S. 00°42'35" E., along the Western boundary of said tract described in Volume 6101, Page 209, at 1026.25 feet pass a 1/2" iron rod found at the Southwest comer of said tract described in Volume 6101, Page 209 and the Northwest comer of Tract "A", Yellow House Addition, to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in County Clerk File Number 2008011130 of the Official Pubic Records of Lubbock County, Texas, continuing along the Western boundary of said Tract "A", at 1374.01 feet pass a 112" iron rod with cap found, in the North right-of-way line ofU. S. Highway 84, dedicated by plat recordCd in County Clerk File Number 2008011130 of the Official Pubic Records of Lubbock County, Texas, at the Southwest comer of said Tract "A", continuing along the North right-of-way line of U. S. Highway 84, a total distance of 1410.63 feet (deed calls: 1410.89 feet) to a 1/2" iron rod found in the North right-of-way line ofU. S. Highway 84, as described in Volume 560, Page 147 of the Deed Records of Lubbock County, Texas, at the Southeast comer of this tract; THENCE N. 73°37'28" W. (deed calls: N. 73°36'07" W.), along said North right-of-way line ofU. S. Highway 84, a distance of532.26 feet to a 112" iron rod with cap found at the Southeast comer of said 15.00 acre tract and the Southwest comer of this tract; THENCE N. 00°42'35" W., along the Eastern boundary of said 15.00 acre tract a distance of 1254.25 feet to the Point of Beginning. Contains: 677,905 square feet or 15.56 aCres .