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HomeMy WebLinkAboutOrdinance - 2001-O0071 - Amending Zoning Ord 7084 Zone Case 2689-A From C-4 & R-1 To C-4 - 08/30/2001First Reading August 30, 2001 Item No. 57 Second Reding September 13, 2001 Item No. 29 ORDINANCE NO. 2001-00071 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2689-A; A ZONING CHANGE FROM C-4 AND R-1 TO C-4 ZONING ON AN UNPLATTED 805.9 FOOT BY 140 FOOT TRACT OF LAND OUT OF SECTION 6, BLOCK D-6, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. \VHEREAS, 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 compiled 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 Ordinances 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. 2689-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 29-29 of the Code of Ordinances of the City of Lubbock from C-4 and R-1 to C-4 zoning district on an unplatted 805.9 foot by 140 foot tract of land out of Section 6, Block D-6, City of Lubbock, Lubbock County, Texas, located south of 19th Street and east of Quitsna A venue. Subject to the following conditions and being further described as follows: West Tract BEGINNING at a point in the west line of said Section 6 and centerline of Quitsna Avenue at the northwest corner of said 11.19 acre trace from whence the northwest corner of said Section 6 is called to bear north a distance of 65 feet; THENCE east, along the south right of way line of State Highway 114 and the north line of said 11.19 acre tract, a distance of 575 feet to a point for the northeast corner of this tract; THENCE south a distance of 148.8 feet to a point for the southeast corner of this tract; THENCE S 88°53' W a distance of 575.1 feet to a point in the west line of said 11.19 acre tract and the centerline of Quitsna Avenue for the southwest corner of this tract; THENCE north, along the west line of said Section 6 and the centerline of said Quitsna Avenue, a distance of 160 feet to the place of Beginning. East Tract BEGINNING at a point in the south right of way line of State Highway 114 and the north line of said 11.19 acre tract for the northwest corner of this tract from whence the northwest corner of said Section 6 is called to bear north a distance of 65 feet and west a distance of 575 feet; THENCE east, along said south right of way line and said north line, a distance of 450 feet to a point for the northeast corner of this tract; THENCE south a distance of 140 feet to a point for the southeast corner of this tract; THENCE S 88°53' W a distance of 450.1 feet to a point for the southwest corner of this tract; THENCE north a distance of 148.8 feet to the place of Beginning. SUBJECT TO THE FOLLOWING CONDITION: 1. The permitted C-4 uses shall exclude the following: Auto body shops Billboards Zone Case No. 2689-A page-2 of 4 Commercial private clubs and teenage clubs Dancehall Feed store Used furniture store Game room ( except as an incidental use in a restaurant), pool, billiard and/or domino parlor Motorcycle shop Public kennel Second hand goods or pawn shop Used car lot Nightclubs SECTION 2. 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 3. 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 4. 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 30tbday of August, 2001. Passed by the City Council on second reading this 13th.day ofSeptelf:Jer 2001. ~ 2:::~MAYOR ATTEST: ~~~ Rebecca Garza, City Sec~ Zone Case No. 2689-A page-3 of 4 APPROVED AS TO FORM: c_1/ -. < c:::::;YC /~ ~ Linda L. Chamales, Supervising Attorney Office Practice LLC:cp/ZC2639-AORD ccdocs/08/22/01 Zone Case No. 2689-A page-4 o/4