HomeMy WebLinkAboutOrdinance - 2004-O0126 - VOID Denied At Second Reading VOID - 11/18/2004DENIED
11/18/04
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SECOND READING
First Reading
October 28, 2004
Item No. 45
ORDINANCE NO. 2004-00126
Second Reading
November 18, 2004
Item. Ho. 30
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AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 26S8~G; A ZONING CHANGE FROM A-2 TO C-4
SPECIFIC USE FOR MINIW AREHOUSE AND OFFICE WAREHOUSE ON A
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 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. 2658-G
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from A-2 to C-4 Specific Use for miniwarehouse and office
warehouse under provisions of Section 29~24 of the Code of Ordinances of the
City of Lubbock on a portion of Tract E, Boardwalk Addition, City of
Lubbock, Lubbock County, Texas, located East of Gary and South of 50th
Street, subject to conditions and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT zoning is tied to the site plan and building elevation.
2. THAT a brick pier and wooden insert screening fence on Gary with a step-
down at the entrance be provided.
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) (24) of
Codified Zoning Ordinance No. 7084 on the property described as a portion of Tract E,
Boardwalk 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 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.
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. 2658-G
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 28th day of October , 2004.
Passed by the City Council on second reading this 18th day of November , 2004.
MARC McDOUGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
J2n lhns~
Senior Planner
APPROVED AS TO FORM:
·/c: ~ ~~~-
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC2658-G
October 5, 2004
Zone Case No. 2658-G
page -3 of3
Exhibit "A"
Zone Case No. 2658-G
110 W. LOUISIANA AVE. SUITE 110 MIDLAND, TEXAS 79701-3414
OFFICE (432) 687-0865 FAX (432) 687-0BQJ
Web Page: www.team-west.com
Ordinance No. 2004-00126
September 16, 2004
FIELD NOTES OF A 1.008 ACRE TRACT OF LAND OUT OF TRACT E-2, BOARDWALK ADDITION TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS:
BEGINNING at a set 1/2-inch iron rod in the southern boundary of Tract "E", Boardwalk Addition, as recorded
in Volume 6938, Page 143, Real Property Records of Lubbock County, Texas, and the northern boundary of
Tract "A", Lubbock Retirement Residence, LP, an Addition to the City of Lubbock, Lubbock County, Texas, as
recorded in Volume 5300, Page .11, Real Property Records of Lubbock County, Texas, for the southwest corner
this tract, from which the southwest comer of said Tract "E" bears N 86°29'15" W, 226.34 feet;
THENCE N 00°00'05" E, 216.55 feet to a set 1/2-inch iron rod for the northwest comer this tract;
THENCE N 45°05' 17" E, 209.93 feet to a set 1/2-inch iron rod for the northeast corner this tract;
THENCE South; 373.89 feet to a set 1/2-inch iron rod in the southern boundary of said Tract "E" for the
southeast comer this tract;
THENCE N 86°29'15" W, along the southern boundary of said Tract "E", 148.96 feet to the Place of Beginning
and containing 1.008 acres of land.
Zoning A-2 to C-4 with Specific Use Permit
U-Stor of Lubbock, LLC
Job No. 2004-0543
Exhibit "A"
Zone Case No. 2658-G
110 W. LOUISIANA AVE. SUITE 110 MIDLAND, TEXAS 79701-3414
OFFICE (432) 687-0865 FAX (432) 687-0868
Web Page: www.team-west.com
Ordinance No. 2004-00126
September 7, 2004
FIELD NOTES OF A 1.836 ACRE TRACT OF LAND OUT OF TRACT "E-2", BOARDWALK
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS;
BEGINNING at a found 1/2-inch iron rod in the East Right-of-Way line of Gary Avenue at the original
southwest comer of Tract "E", Boardwalk Addition, as recorded in Volume 6938, Page 143, Real
Property Records of Lubbock County, Texas, same being the Northwest comer of Tract "A", Lubbock
Retirement Residence, LP, an Addition to the City of Lubbock, Lubbock County, Texas, as recorded in
Volume 5300, Page 11, Real Property Records of Lubbock County, Texas, for the southwest corner this
tract;
THENCE N 03°45'20" W, along the East Right-of-Way line of Gary Avenue, 342.60 feet to a set 1/2-
inch iron rod for the northwest comer this tract;
THENCE S 89°58'50" E, 104.71 feet to a set 1/2-inch iron rod for a comer this tract;
THENCE S 44°54'43" E, 260.02 feet to a set 1/2-inch iron rod for the northeast comer this tract;
THENCE S 00°00'0S" W, 174.06 feet to a set 1/2-inch iron rod in the northern boundary of said Tract
"A", Lubbock Retirement Residence, LP, for the southeast comer this tract;
THENCE N 86°29' 15" W, along the north line of said Tract "A", 266.35 feet to the Place of Beginning
and containing 1.836 acres of land.
C-3 Zoning
U Stor of Lubbock, LLC
Job No. 2004-0S43