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HomeMy WebLinkAboutOrdinance - 2004-O0006 - Amending Zoning Ordinance Making Changes: Case 2994 For Use Of Mini-Warehouses - 01/08/2004First Reading January 8, 2004 1 Item No. 37 Second Reading January 22, 2004 Item No. 17 ,, ORDINANCE NO. 2004-o0006 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2994; A ZONING CHANGE FROM R-1 TO ffiC/C- 4 SPECIFIC USE FOR MINI-WAREHOUSES ON LOT 1, IDDEAWAY APARTMENTS 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 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. 2994 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 to ffiC/C-4 Specific Use for mini-warehouses under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on Lot 1, Hideaway Apartments Addition, City of Lubbock, Lubbock County, Texas, located at 7341 West 4th Street, subject to the following conditions: SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the strip building that faces 4th Street shall be limited to C-3 permitted uses. 2. THAT the development shall be constructed in general compliance with the approved site plan, including building location, parking, and landscaped areas. 3. THAT the required parking shall be as illustrated on the site plan. 4. THAT for the south half of the project, the development may be constructed with a mini-storage facility subject to the following: a. Limited to single-story structures. b. The storage of foods or products which are explosive, highly flammable, or produce noxious odors shall be prohibited. c. A six-foot solid fence shall be erected and permanently maintained adjacent to any residential zone. The walls of storage lockers may serve as a substitute for the fence and may be set with zero setback. d. Covered RV storage may be constructed within the compound, and the wall may substitute for a fence. e. The portion of the mini-warehouse structures visible from Valencia shall be constructed of material which is comparable in texture, color and quality to adjacent building in commercial zones. 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 R-1 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 Lot 1, Hideaway Apartments Addition, 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 1 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. 2994 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 8th day of January , 2004. 1\ Passed by the City Council on second reading this 22nd day of -T-'-----7~-· 2004. ll . ATTEST: 'lsi2~.~ ! Reoecca Garza, City Secretary APPROVED AS TO CONTENT: , Senior Planner APPROVED AS TO FORM: i 'i ----~~-· '~ ........-_)~ ?? _,,~-c_ __ ~~~~<::.----- l ----------------------Linda L. Chamales Supervising Attorney Office Practice l as/cityatULinda/ZoneCases/ZC2994 December 15, 2003 Zone Case No. 2994 page-3 of3