HomeMy WebLinkAboutOrdinance - 7944-1979 - Amending Zoning Ordinance To Make Changes: Case 2259 For Specific Use Permit - 11/08/1979.. , .. J''I..;_ LGB:pc ORDINANCE NO. 7944 11
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AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2259;
CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCKS, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM M-1 TO M-2 ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A
SPECIFIC USE PERMIT THEREON; SUBJECT TO A CONDITION; CHANGE A TRACT OF LAND
OUT OF ~ECTION 2, BLOCKS, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS BY AUTHORIZING
THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; SUBJECT TO A CONDITION; PROVIDING
FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; 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 reconnnendation
which was received by the City Council and, after due consideration, the City
Council finds that due to changed conditions, it would be expedient and in the
interest of the public health, morals, 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, as well as
giving notices in compliance with Section 26 of Ordinance No. 7084, as well as
notices provided by Article lOllf, Vernon's Annotated Civil Statutes, amended
in 1961, and notice was duly published in the Lubbock Morning 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 duly held in the City Council Room on the second
floor of the City Hall, 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 here-
inafter 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. 2259
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby amended as follows, to-wit:
Change a tract of land out of Section 2, Block S, City of Lubbock,
Lubbock County, Texas from M-1 to M-2 zoning district. This
property is further described by metes and bounds as follows:
Beginning at an iron pipe set in the West line of the
Northeast quarter (NE/4) of Section 2, Block S, 239' S
of its Northeast corner for Northwest corner of this
tract;
Thence East with the South line of a 5 acre tract
previously conveyed, 1002.81 to an iron pipe set in
the West line of the highway right-of-way for the
Northeast corner of this tract;
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Thence South 39° 45' E along the west line of the highway
488.8' to an iron pipe, for the Southeast corner of this
tract;
Thence West 1315.41 to an iron pipe in the West line of the
Northeast one-quarter (NE/4) of Section 2, Block S, for
the Southwest corner of this tract;
Thence North with west line of the Northeast Quarter (NE/4)
of Section 2, Block S, 375.3' to the place of beginning, less
the South 225 of said tract.
SUBJECT TO THE FOLLOWING CONDITION:
1. That portion of the property used for outside storage shall be
enclosed with a solid screening fence.
SECTION 2. THAT the Director of Planning of the City of Lubbock is
authorized to issue a Specific Use Permit to the Applicant in said Zone Case
in accordance with the recommendations and conditions imposed by the Planning
and Zoning Commission, on file with the office of the Director of Planning and
the City Council which are hereby adopted and incorporated herein by reference
for all purposes, provided said applicant agrees to be bound by the terms of
the Specific Use Permit, the grant if which is hereby made subject to compliance
to all provisions of Zoning Ordinance No. 7084, an Ordinance of the City of
Lubbock, including particularly, but not limited to Section 22 of Zoning
Ordinance No. 7084, which provides that a Specific Use Permit and 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 auto~
matically revert back to the M-1 zoning district; and the Director of Planning
in such event is directed to remove from the Zoning Map the legend indicating
such limited use. The Specific Use authorized by this Ordinance is permitted
under provision of Section 22.3-17 of Zoning Ordinance No. 7084 on the property
des~r.ibed-in ~he•-preceding section,.
SECTION 3. THAT the Director of Planning of the City of Lubbock is
authorized to issue a Specific Use Permit to the Applicant in said Zone Case
in accordance with the recommendations and conditions imposed by the Planning
and Zoning Connnission, on file with the office of the Director of Planning and
the City Council which are hereby adopted and incorporated herein by reference
for all purposes, provided said applicant agrees to be bound by the terms of
the Specific Use Permit, the grant if which is hereby made subject to compliance
to all provisions of Zoning Ordinance No. 7084, an Ordinance of the City of
Lubbock, including particularly, but not limited to Section 22 of Zoning
Ordinance No. 7084, which provides that a Specific Use Permit and 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 M-2 zoning district; and the Director of Planning in such
event is directed to remove from the Zoning Map the legend indicating such
limited use. The Specific Use authorized by this Ordinance is permitted under
provision of Section 22.3-17 of Zoning Ordinance No. 7084 on the property
respectively described below:
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Change a tract of land out of Section 2, Block S, City of Lubbock,
Lubbock, County, Texas from M-2 to M-2 Specific Use Permit. This
property is further described by metes and bounds as follows:
Beginning at an iron pipe set in the West line of the
Northeast quarter (NE/4) of Section 2, Block S, 239' S
of its Northeast corner for Northwest corner of this
tract;
Thence East with the South line of a 5 acre tract
previously conveyed, 1002.8' to an iron pipe set in
the West line of the highway right-of-way for the
Northeast corner of this tract;
Thence South 39°45' E along the west line of the highway
488.8' to an iron pipe, for the Southeast corner of this
tract;
Thence West 1315.4' to an iron pipe in the West line of the
Northeast one-quarter (NE/4) of Section 2, Block S, for the
Southwest corner of this tract;
Thence North with west line of the Northeast Quarter (NE/4)
of Section 2, Block S, 375.3' to the place of beginning, less
the North 150.3 feet of said tract.
SU:SJECT TO THE FOLLOWING CONDITION:
1. That portion of the property used for outside storage shall be
enclosed with a solid screening fence.
SECTION 4. THAT violation of any provisions of this Ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars
as provided in Section 1-5 of the City Code.
SECTION 5. 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 6. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this 25thday of October , 1979.
Passed by the City Council on second reading thil:29th day of November , 1979.
DIRK WEST, MAYOR
ATTEST:
: , , ~PB,OVED AS TO .:CONTENT:
APPROVED AS TO FORM:
Leon G. Bean, Asst. City Attorney
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