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Home My WebLink AboutOrdinance - 9749-1994 - Public Hearing Public Hearing Amending Zoning Ordinance Westover Heights Addition- 11/10/1994First Reading Second Reading November 10, 1994 November 17, 1994 Item #19 Item #7 ORDINANCE NO. 9749 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1784-A; A ZONING CHANGE FROM R-1 TO AM SPECIFIC USE FOR A BRANCH BANK AND R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 1- 32, BLOCK 15, A PORTION OF LOTS 17 & 18, BLOCK 14, A PORTION OF 5TH STREET BETWEEN BLOCKS 14 AND 15, AND A PORTION OF A 15 FOOT EAST/WEST ALLEY IN BLOCK 15, WESTOVER HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the 1986 Comprehensive Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and City Council determine the physical development of the community; however, planning is a continuous process and change is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council recognize that the zone change on is a minor deviation from the 1986 Comprehensive Land Use Plan and attempt to protect public and private commitments that have been previously based on the Plan; and 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 finds 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 the proposed amendment, and the public hearing according to said notice, was duly 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 determined by the City Council 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. 1784-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-24(c)(2) & (21) of the Code of Ordinances of the City of Lubbock from R-1 to AM Specific Use for a branch bank and R-1 Specific Use for garden homes on Lots 1-32, Block 15, a portion of Lots 17 & 18, Block 14, a portion of 5th Street between Block 14 & 15, and a portion of 15 foot East/West alley in Block 15, Westover Heights Addition, City of Lubbock, Lubbock County, Texas, located South of 4th Street and East of Vicksburg, subject to conditions and being further described as follows: TRACT 1 METES AND BOUNDS DESCRIPTION of Lot 16, and a portion of Lots 15, 17 and 18, Block 15, a portion of Lots 17 and 18, Block 14, a portion of 5th Street between Blocks 14 and 15, and a portion of a 15 foot East/West alley in Block 15, Westover Heights Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a '/2" rod set with cap in the South right-of-way line of 4th Street and in the East right-of-way line of Vicksburg Avenue, said rod bears South a distance of 30.00 feet from the original Northwest corner of Lot 17, Block 15, Westover Heights Addition to the City of Lubbock, Lubbock County, Texas; THENCE East, along said South right-of-way line and the North line of said Block 15, a distance of 130.00 feet to the point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet and a chord distance of 21.21 feet to a point of tangency; THENCE South, a distance of 205.00 feet to a 1/2" rod set with cap at a point of intersection; THENCE Southwesterly around a curve to the left, said curve having a radius of 50.00 feet, a central angle of 79'01' 16", a chord bearing of S. 13°37' 10" W., and a chord distance of 63.62 feet to a '/2" rod set with cap at a point of intersection; THENCE S. 58059'09" W., a distance of 151.71 feet to a'/2" rod set with a cap in the East right-of-way line of Vicksburg Avenue and the West line of said Block 14; THENCE North, along said East right-of-way line and the West line of said Blocks 14 and 15, a distance of 360.00 feet to the POINT OF BEGINNING. TRACT 2 All of Lots 1-14, plus the East 30 feet of Lot 15, Block 15, and the East 30 feet of Lot 18, plus all of Lots 19-32, Block 15, Westover Heights Addition to the City of Lubbock, Lubbock County, Texas. SUBJECT TO THE FOLLOWING CONDITIONS: a. That Tract 1 be changed from R-1 to AM Specific Use for a branch bank. ZONE CASE NO. 1784-A - PAGE 2 - b. That Tract 2 be changed from R-1 to R-1 Specific Use for garden homes. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance to 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)(2) & (21) of Codified Zoning Ordinance No. 7084 on the property described as Lots 1-32, Block 15, a portion of Lots 17 and 18, Block 14, a portion of 5th Street between Blocks 14 and 15, and a portion of a 15 foot East/West alley in Block 15, Westover Heights Addition, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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. AND IT IS SO ORDERED. j Passed by the City Council on first reading rtth—is day of November , 1994. Passed by the City Council on second reads2n7h\, day Ofsmh P r , 1994. A TEST: � Betty M.JohnsoCity Secretary APP D AS TO CONTENT: Randy Henson, Senior Planner LLC is/W 17s4-aoRD ccdocs/October 20, 1994 ZONE CASE NO. 1784-A —PAGE 3 — APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney Council Date: November 10, 1994 Item No. 19 AFFIDAVIT 4 . — �-_q lu(-0a, ,r plo �-4 'e s THE STATE OF TEXAS § 2�¢(—(�}C� — r�' • J IN -A COUNTY OF LUBBOCK § I, David R Langston, as a member of the City Council of Lubbock, Texas, mak state the following: I, and/or a person or persons related to me, have a substantial interest in a ousmess enut5 inat would be peculiarly affected by a vote or decision of the City Council as those terms are defined in Chapter 171, Local Government Code. The business entity is � _ I ,xe,l (Name) (Address) have/has a substantial interest in this business entity for the ("I" or name of relative and relationship) following reasons: (check all which are applicable). Ownership of 10% or more of the voting or shares of the business entity. IK Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity excess 10% of gross income for the (my/her/his) previous year. Real property is involved and (I/he/she) market value of at least $2,500. has an equitable or legal ownership with a fair A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this day of R. Langston Mavor BEFORE ME, the undersigned authority, this day personally appeared David R Langston and on oath stated that the facts hereinabove stated are true to the best of his knowledge or belief. Sworn to and subscribed before me on this 1 04'y` BED W J0 0SO% �►PY "us Notary Public. State of Texas MY Commission Expires 1.25 95 ATE Of �� day of N w2�Rb-ty- 19 . otary bhc in and Yor the State of Texas My commission expires: - z 5 No Text SECOND READING ORDINANCES„ ORDINANCE N0:974" AN ORDINANCE AMEND- ING ORDINANCE NO.9S1SSOAS TO CORRECT AN ERROR IN LE- F TEXAS GAL IPTION IN A TRANS-. RPAD FORMER EASEMESENT ABANDONED AND CLODI . BBOC ANDPROVIDINGFORPUBLICA• TION HEREOF. G� II a Notary Public in and for Lubbock County, Texas on this da y gate l ORDINANCE A of the Southwestern Newspa- >n, publishers of the Lubbock NDON• AN ORDINANCEE ABANDON, Avalanche -Journal — Min d Sunday, b Morning, anuny, who being y me duly ING AND CLOSING PORTIONsse and say that said newsp OF 661H STREET LOCATED IN E•2, LUB•sertion of this Leao- 1 �er has been published continuously for more than fifty-two weeks pri- e SECTION 28, BLOCK lC BOCK, LUBBOCK COUNTY, TEX• _�� / AS, ANNo D MORE PARTICULARLY ( c..! at Lubbock County, Texas and the attached print - DESCRIBED IN THE BODY OF \CjC THIS ORDINANCE, DIRECTIN THE CITY ENGINEER TO MAR THE OFFICIAL MAPS OF THEnal on the f llowln dates:_L 1 a true co of the nnrl anal d printed in the Lubbock y /- g E wi �gPT �� l q'iLI anwas CITY TO REFLECT SAID ABAN•DONMENT PRO- VIDING A SAVINGS NGSICLAUSEI AND PROVIDING FOR PUBLICA, T I ON. /_11_� Aye� R•2262 NOTA Y PUBLIC in and for the State of Texas l My Commission Expires .................. LUBBOCK AVALANCHE -JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me this day of FORM i8-10 5 PATi4 TA E I+ Notary Puhhc- Sfate of Texas M y C amma. an Expr,es 5.3u 96 t r..�.`•-;rtA�.sei'..a�C:�A^./.:r�.T�sC-'ram :��-�- ' SECOND NC I G A ORDINANCE NO.9747 AN ORDINANCE AMEND* ING ORDINANCE NO. 9515 SO AS TEXAS AN ERROR IN LE- TO CORRECT GAL DESCRIPTION IN A TRANS• FORMER PAD EASEMENT BBOCI ABANDONED AND CLOSED; LOUD,a FOR PUBLICA• CX- C. Notary Public in and for Lubbock County, Texas on this day T ON HEREOF-G ' of the Southwestern Newspa- ORDINANCE NO.9718 )n, publishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly AN ORDINANCE ABANDON �e and say that said newsp AND CLOSING PORTIONS^ er. has been published continuously for more than fifty-two weeks pri- ING OF 661H STREET LOCATED IN 1 28. BLOCK E-2, LUB•Sertlon Of this l eG�C% 0 lC e SECTION BOCK, LUBBOCKCOUNTY, it Y MORE PARTICULARLY o -7� 3L! at Lubbock County, Texas and the attached print - AS, AND DE:CReBEDeNe�N'IRECTIN6� a!!c �y kcC e- i$ a true copy of thepriginal and was printed in the Lubbock I the fyollowin] dates: TIDlnv A a,...,..FO.RPUBL---I-CA ANDPROVIDINGr — TION. R-2362 �J NOTA Y PUBLIC in and for the State of Texas b 1 eT My Commission Expires .................. LUBBOCK AVALANCHE -JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me this day of ► -�'�`� ✓n /mil'- 19� FORM 58-10 PATTI TATE Notary Public. State of i exas „ . My Comm-s—in Expires 6.3U-96 l�