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Home My WebLink AboutOrdinance - 2007-O0062 - Amending Zoning Ordinance 7084. Zone Case 2658-I Boardwalk Addition - 06/26/2007First Reading June 26. 2007 Item No. 5.4 ORDINANCE NO. 2007-<>0062 Second Reading July 12, 2007 Item Jilo. 5.3 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-1; A ZONING CHANGE FROM A-2 TO C-2 AND C-4 SPECIFIC USE FOR MINI WAREHOUSES ON A 3.5 ACRE PORTION OF TRACT E, BOARDWALK ADDITION, 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 Conunission 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 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. 2658-1 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from A-2 to C-2 and C-4 Specific Use for mini- warehouses under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 3.5 acre portion of Tract E, Boardwalk Addition, City of Lubbock, Lubbock County, Texas, located at 3103 50111 Street, subject to conditions, and being further described as follows: METES AND BOUNDS DESRIPTION: Attached as Exhibits "A" and "B". SUBJECT TO THE FOLLOWING CONDITIONS: C-4 Specific Use Zoning 1. That the C-4 Specific Use development shall be in substantial compliance with the site plan proposed in Zone Case 2658-G for the expansion of the mini-warehouse project (see item #3). 2. That the screening fence on the mini-warehouse portion of the request shall comply with the SDl site plan from the file from ZC 2858-A. A gated opening shall be allowed in the fence. C-2 Zoning 1. That a steel post wood picket fence is in place on the south side of the C-2 property, the same shall be constructed along for seventy five feet north from the southwest corner on the tract adjacent to Gary; and 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 A-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) (25) of Codified Zoning Ordinance No. 7084 on the property described in Exhibit "A" and located at 3103 50th Street, 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. 2658-I 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 first reading this 26th day of _ ___:J::..::un==.e ___ ~ 2007. Passed by the City Council on second reading this 12th day of July , 2007. ~9<7'A'-·-DAVID~R.MAYOR ATTEST: APPROVED AS TO CONTENT: irector of Planning APPROVED AS TO FORM: ----....-~c~~ Linda L. Chamales Senior Attorney Office Practice vw/ cityatt/Linda/ZoneCases/ZC2658-I June I 3, 2007 Zone Case No. 2658-/ page-3 of3 LAND SURVEYORS CIVIL ENGINEERS OHUGO REED AND q SSOCIATES, INC. UI01 Avenue N I Lubbock. Textl 79-401 I 8081763-5&42 I FAX 8061763-3891 Ordinance Bo. 2007-Q0062 C-2 METES AND BOUNDS DESCTIPION of a portion of Tract E, Boardwalk Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING in the East right-of-way line of Gary Avenue at the Southwest corner of said Tract E, Boardwalk Addition; THENCE N. 03°45'20" W., along the East right-of-way line of Gary Avenue, an approximate distance of 441 .7 feet to the Southwest comer of Tract "A", Boardwalk Addition; THENCE S. 89°58'50w E., along the South line of said Tract "A", Boardwalk Addition, an approximate distance of 252.7 feet to the Southernmost Southeast corner of said Tract gA", same being a point in the Northwest line of that tract of land described in Volume 1979, Page 325, Real Property Records of Lubbock County, Texas; THENCE S. 45°05'17" W., along the Northwest line of said described tract, an approximate distance of 140.0 feet to the West corner of said described tract; THENCE S. 45°54'43" E., along the Southwest line of said described tract, an approximate distance of 200.0 feet to the South corner of said described tract; THENCE South, an approximate distance of 216.5 feet to a point in the South line of said Tract E, Boardwalk Addition; THENCE N. 86°29'15" W., along the South line of said Tract E, Boardwalk Addition, an approximate distance of 266.4 feet to the Point of Beginning. Contains: approximately 2.5 acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ON-THE-GROUND SURVEY. Prepared for: Maurice Sheets April 9, 2007 LAND SURVEYORS CIVIL ENGINEERS c 0 HUGO REED AND ASSOCIATES. INC. 1601 Avenue N I Lubbock, Texas 79401 I 8061763-5642 I FAX 8061763-3891 Resolution No. 2007--o0062 C·4 SPECIFIC USE METES AND BOUNDS DESCTIPION of a portion of Tract E, Boardwalk Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Tract E, Boardwalk Addition, which bears S. 86°29'15" E., an approximate distance of 266.4 feet from the Southwest corner of said Tract E, Boardwalk Addition; THENCE North, an approximate distance of 216.5 feet to the South corner of that portion of Tract A, Monterey Center Addition which is described in Volume 1979, Page 325, Real Property Records of Lubbock County, Texas; THENCE N. 45°05'17" E., along the Southeast line of said described tract, an approximate distance of 209.9 feet; THENCE South, an approximate distance of 373.8 feet to a point in the South line of said Tract E, Boardwalk Addition; THENCE N. 86°29'15" W., along the South line of said Tract E, Boardwalk Addition, an approximate distance of 149.0 feet to the Point of Beginning. Contains: approximately 1.0 acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ON-THE-GROUND SURVEY. Prepared for: Maurice Sheets April 9, 2007