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HomeMy WebLinkAboutOrdinance - 9974-1997 - Zone Case 1893-T Zone Change GO To C-3 - 02/13/1997First Reading l't!emu#39 FebI"Uary 13; 1997 Second Reading Item #11 February 27, 1997 ORDINANCE NO. __ 99_7_4 _____ _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1893-T; A ZONING CHANGE FROM GO TO C-3 ZONING ON A PORTION OF LAND OUT OF SECTION 2, BLOCK J-5, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS PROVIDING A PENAL TY; PROVIDING A SA VINOS 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 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, 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, 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. 1893-T 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 GO to C-3 zoning, City of Lubbock, Lubbock County, Texas, located North of 4th Street, West of Frankford; subject to conditions, and further described as follows: BEGINNING at a point in the center of 4th Street, from whence the Southeast comer of SECTION 2, Block J-S is called to bear N 89° 58'21" E, 2098.73 feet; THENCE NORTH, at 55 feet pass a found 5/8" rod, in all 477.42 feet to a pint, whence a set nail bears North, 10.86 feet; THENCE Southeasterly, around a curve to the left, through a central angle of 22°48;11", an arc distance of 328.01 feet, on a chord bearing of S78°35'54"E, a chord distance of 325.85 feet to a point of tangency, whence a set nail bears North, 10 feet; THENCE East, 347.00 feet to a point of curvature, whence a set nail bears North, 10 feet; THENCE Easterly, around a curve to the left, through a central angle of 01°05'08', an arc distance of 14.66 feet, on a chord bearing of N89°27'26"E, a chord distance of 14.66 feet to a point for the Northeast comer of this tract, whence a set nail bears North, 10 feet; THENCE South at 357.82 feet pass a found 5/8" rod, in all 412.82 feet to a point for the Southeast comer of this tract; THENCE S89°58'2l"W, 681.08 feet to the PLACE OF BEGINNING. Subject to the following conditions; 1. That a site plan, including building elevations showing materials, color, texture, a detailed landscape plan and irrigation plan, shall be submitted to the Planning and Zoning Commission for approval prior to the issuance of a building permit. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and Noll 00 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. ZONE CASE NO. 1893-T ··PAGE2- Passed by the City Council on first reading this 13th day of February Passed by the City Council on second reading this 27th day of February , 1997. , 1997. -~--' ~ 4T'.ION YOR APPROVED AS TO FORM: ~ ~ c::::;;;Y ~~~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:dk/1893ZONE.ORD ccdocs/, 1997 ZONECASENO. 1893-T •• PAGE3-- Before me,-+'-..¥-~~~--~---===--.--"'-r, d for Lubbock County, Texas on this day personally appearel.l-:!~;J,,&ll~......._......,Lc.A,;it.H--µ;"""""'~..L-U,,4..1.J ........ _...~-..--""~f'---.....:of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal Momin , and Sunday, who being by me duly sworn did depose and say that said news r ~s been published continuously for more than fifty-two weeks pri- or to the first insertion of this ..=,,""""'t.-.--lf'-L-i!"--".iP.-C.'r'l'f---...-::::-------------------- ..a.i........_--""-',,..,,.......,_ _ _..t Lubbock County, Texas and the attached print- ed copy of the...-o&;..1.<\J<Ld..-~~i...u.-----....... _., true co o the original and was printed in the Lubbock Avalanche-JoW] 1 L~~1~~~~~E~~R~ser NOTARY PUBLIC in and for the State of Texas My Commission Expires .................. __ _ Morris Communication Corporation Subscribed and sworn to before me this, _ _.d-..z...4 ___ day o._f ......... I\A....__tl. .... , =---(~_"--'--_____ _._19 q 7 FORMSS-10 PATTI TATE Nolaty Public, State qf Texas My Commission Expires . 7-0S-2000· , NO ARY PUBLIC in and for the State of Texas My Commission Expires .................. __ _ Morris Communication Corporation Subscribed and sworn to before me thi ..... s _ ... '1-..t.f~ __ ,day of C\A. 4-(C.b. 19 q7 FORl\158-10 ~~ -PATTI TATE -A.;,. Notar, Publl~. ~tate ot Jexas J!(. • My Comm1ss10n Expires , •••• 7-05-2000 ~ ·, NO ARY PUBLIC in and .orthe State of Texas My Commission Expires .................. __ _ Morris Communication Corporation . Subscribed and sworn to before me th~ .... s __ ,2_t._l __ .day of lull W'. e-b 19 q7 FORl\158-10 ~~ .PATTI TATE :tl. Nolary Public, State of T~as • My Commission Expires ,. .. . 7-05-2000 THE STATE OF TEXAS COUNTY o~,1-1..,.,~_,.a.,.. Morris Communication Corporation __...._.___--=c;....:;.~-_..at Lubbock County, Texas and the attached print- of the original and was printed in the Lubbock NOTARY PUBLIC In and for the State of Texas My Commission Expires .................. __ _ Subscribed and sworn to before me this.___J-'-'-{...__ __ day o .... f __._hk _____ r-ct..-'---______ _._19 q7 FORM58-10 PAttlTATE Notary Public, Sta1e of Texas My .Convnission Expires 7-()5-2000