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HomeMy WebLinkAboutOrdinance - 10054-1998 - Zone Case 2809 Zoning Change R-1 To A-2 Limited To A Daycare - 02/26/1998First Reading Item f!22. February 26. 1998 Second Reading Item #12 March 12, 1998 ORDINANCE N0. __ 1_0:.....05:.....4 __ _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING TilE FOLLOWING CHANGES: ZONE CASE NO. 1809: A ZONING CHANGE FROM R-1 TO A-1 ZONING LIMITED TO A DAYCARE ON 1.889 ACRES OF LAND OUT OF A PORTION OF SECTION 4, BLOCK E-1, LUBBOCK, TEXAS; SUBJECT TO CONDffiONS; 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 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 TilE CITY OF LUBBOCK: ZONE CASE NO. 1809 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 qf the Code of Ordinances of the City of Lubbock from R-1 to A-1 zoning limited to a daycare on 1.889 acres of land out of a portion of Section 4, Block E-1, City of Lubbock, Lubbock County, Texas, located at 5502 19th Street, subject to the following condition and being further described as follows: METES AND BOUNDS DESCRIPTION OF A 1.889 ACRE TRACT OF LAND IN SECTION 4, BLOCK E.2, LUBBOCK COUNTY, TEXAS BEING THE Zone Case No. page -1 EAST PART OF THAT 3.74 ACRE TRACT OF LAND DESCRIBED IN VOLUME 1928 PAGE 76 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A 112" IRON ROD WITH CAP SET IN THE WEST RIGHT OF WAY LINE OF CffiCAGO A VENUE AND THE SOUTH LINE OF A 20 FOOT ALLEY FOR THE NORTHEAST CORNER OF TillS TRACT AND THE NORTHEAST CORNER OF SAID 3.74 ACRE TRACT FROM WHENCE THE SOUTHEAST CORNER OF SECTION 4, BLOCK E-2, LUBBOCK COUNTY, TEXAS IS CALLED TO BEAR EAST A DISTANCE OF 2670 FEET AND SOUTH A DISTANCE OF 255 FEET; THENCE SOUTH, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 175.0 FEET TO A 112" IRON ROD WITH CAP SET FOR A CORNER OF TillS TRACT AT A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 15.0 FEET; THENCE SOUTHWESTERLY, AROUND SAID CURVE TO THE RIGHT, AN ARC LENGTH OF 23.56 FEET TO A 112" IRON ROD WITH CAP SET FOR A CORNER OF TillS TRACT AT A POINT OF TANGENCY WITH THE NORTH RIGHT OF WAY LINE OF 19TH STREET; THENCE WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 418.3 FEET TO A 112" IRON ROD WITH CAP SET FOR THE SOUTHWEST CORNER OF TillS TRACT; THENCE NORTH 0°03'30" WEST A DISTANCE OF 190.0 FEET TO A 1/2'' IRON ROD WITH WITH CAP SET IN THE SOUTH LINE OF SAID 20 FOOT ALLEY FOR THE NORTHWEST CORNER OF TillS TRACT; THENCE EAST ALONG THE SOUTH LINE OF SAID 20 FOOT ALLEY A DISTANCE OF 433.5 FEET TO THE PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITION: 1. The use shall be limited to a daycare. 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. Zone Case No. page-:Z 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 26th day of Februar,-1998. Passed by the City Council on second reading this 12tluay of March 1998. ~0~~ APPROVED AS TO FORM: ....---_ ... ~ c:::;:Y ~~ Linda L. Chamales, Supervising Attorney, Office Practice Section LC:dklccdocs/ZC2809.0RD Febnwy 13. 1998 Zone Case No. page-3 THE STATE OF TEXAS COUNTY OF LUBBOC Morris Communication Corporation Subscribed and sworn to before me this __ """'~,l-S ... ·...,.. ,...-_----"day of. __ ~..>....;.~'-"{'-~-------19_~__;:;fu-¥---- FOR!\1 58-10 e PHIUJP HERNANDEZ Notsly Public. Slate of Texas My Commlesbn Expires 1z..o4.200'1 Morris Communication Corporation Subscribed and sworn to before me this FORM 58-10 t;ECOftO 8.EADIN.G ORDINANCE WrrtiPI!NALTY OR DtNANc1! flO, 'IOOS4 AN ORDINANCE AMEN1)1NG. ZONING ORDINANCE 110. 10~ AND THii OFFICIAl. MAP OF, THE CITY OP LUBBOCK MAK· e PHILLIP HERNANDEZ No~ Public, State orTexu M~ Comm118lon Expires 12-04-2001 I l l I 1 1 I j ! THE STATE OF TEXAS COUNTY OF LUBBOC eN~~ TARY P B IC in and tor Morris Communication Corporation Subscribed and sworn to before me this __ __._/_.1_---'day of FORMa8-lll My Commission Expires ......... .. PHIUIP HERNANDEZ N~~lic, State Of Texas ... y \Nmmisalon Expires 12-04-2001