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HomeMy WebLinkAboutOrdinance - 10193-1999 - Zone Case 2849 Zoning Change From R-1 To C-2A Limited Number Of Uses - 08/26/1999First Reading Aug. 26. 1999 Item No. 48 Second Reading Sept. 9, 1999 Item No. 33 ORDINANCEN0.~1=01=9=3 ______ _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2849; A ZONING CHANGE FROM R-1 TO C-2A WITH A Lll\fiTED NUMBER OF USES, C-1 AND GO ZONING ON A PORTION OF LAND OUT OF SECTION 19, BLOCK E-2, LUBBOC~ TEXAS; 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 NOT 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 bythe 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. 2849 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 R-1 to C-2A with a limited number of uses, C-1 and GO zoning district on a portion of land out of Section 19, Block E-2, City of Lubbock, Lubbock County, Texas, located south of 103rd Street and east of Indiana Avenue. Subject to the follolling conditions and being further described as follows: SUBJECT TO THE FOLLOWING CONDITIONS: 1. Limited to GO, C-1 and the following C-2A uses: (a) Antique shop. (b) Arts and crafts store. (c) Art galleries, commercial. (d) Bake shop, candy store, delicatessen, donut shop, pie shop. (e) Banks, and savings and loan companies. (f) Book or stationary shops or newsstand. (g) Camera shop. (h) Churches. (i) Day nurseries. (j) Gift shop. (k) Private schools having a curriculum equivalent to that of the public schools. (l) Reducing studio. (m) Sporting goods store. (n) Studios-Art, teaching, dance, music, drama, photographic, interior decorating. 2. Limited to two (2) curb cuts south of 105th Street and four (4) curb cuts north of 105th Street. Metes and bounds description for a zone change request from R1 to GO, C-1 and limited C2A for the following tracts of land located in Section 19, Block E-2, Lubbock County, Texas, being further described as follows: TRACT A Beginning at a point the bearsS. 00°00'20" E. 1685.00 feet and N. 89°59'40" E. 288.78 feet from the Northwest corner of Section 19, Block E-2, Lubbock County, Texas, same point being in the South line of right-of-way dedicated for 103rd Street in Volume 1739, Page 892 of the Deed Records of Lubbock County, Texas; THENCE S. 00°00'20" E., an approximate distance of 548.00 feet to a point; THENCE S. 44°59'40" W., an approximate distance of 14.14 feet to a point on a curve; THENCE Southwesterly, around a curve to the left, said curve having a radius of 269.25 feet, a central angle of 25°25'14", tangent lengths of 60.73 feet, an approximate chord distance of 118.48 feet to a point of reverse curvature; Zone Case No. 2849 page-2 of5 THENCE Southwesterly, around a curve to the right, said curve having a radius of 217.25 feet, a central angle of 25°25'14", tangent lengths of 49.00 feet, an approximate chord distance of 95.60 feet to a point of reverse curvature to the right; THENCE Northwesterly, around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°00'00", tangent lengths of 15.00 feet, an approximate chord distance of21.21 feet to a point in the West right- of-way line of Indiana Avenue; THENCE N. 00°00'20" W., along the West right-of-way line of said Indiana Avenue, an approximate distance of 590.1 feet to a point in the South line said dedicated right-of-way of 103nl Street; THENCE N. 89°59'40" E., along the South line of said right-of-way dedicated for 103nl Street, an approximate distance of233.83 feet to the Place of Beginning. Contains 3.118 +/-acres TRACTB Beginning at a point that bearsS. 00°00'20" E. 2,305.00 feet and N. 89°59'40" E. 288.78 feet from the Northwest corner of Section 19, Block E-2, Lubbock County, Texas; THENCE S. 00°00'20" E., an approximate distance of 339.23 feet to a point in the North line of a 20 foot alley dedicated by plat in Volume 2323, Page 346 of the Real Property Records of Lubbock County, Texas; THENCE West, along the North line of said alley, an approximate distance of233.83 feet to a point in the East right-of-way line of Indiana Avenue; THENCe N. 00°00'20" W., along the East right-of-way line of said Indiana Avenue, an approximate distance of 287.11 feet to a point of curvature to the right; THENCE Northeasterly, around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°00'00", tangent lengths of 15.00 feet, an approximate chord distance of 21.21 feet to a point of reverse curvature to the left; THENCE Northeasterly, around a curve to the left, said curve having a radius of 269.35 feet, a central angle of 25°25'14", tangent lengths of 60.73 feet, an approximate chord distance of 118.48 feet to a point of reverse curvature to the right; Zone Case No. 2849 page-3of5 feet, an approximate chord distance of 118.48 feet to a point of reverse curvature to the right; THENCE Northeasterly, around a curve to the right, said curve ha~·ing a radius of 217.25 feet, a central angle of 25~5'14", tangent lengths of 49.00 feet, an approximate chord distance of 95.60 feet; THENCE S. 45°00'20" E., an approximate distance of 14.14 feet to the Place of Beginning. Contains 1. 739 +/-acres 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 captiQn of this Ordinance as an alternative method provided by law. Zone Case No. 2849 page-4 of5 AND IT IS SO ORDERED. Passed by the City Council on first reading this 26tlrlay of August, 1999. Amended after First Reading. Passed by the City Council on second readin dy He n, Semor Planner APPROVED AS TO FORM: ~~---c:.c:YC~~· Linda L. Chamales, Supervising Attorney Office Practice Zone Case No. 2849 page-5 of5