HomeMy WebLinkAboutOrdinance - 9914-1996 - Zone Case 2775 Zoning Change C-2 To C-3 Specific Use Convinience Store - 05/23/1996irst Reading
ay 23, 1996
Item 139
Second Reading
June 24, 1996
Item 115
ORDINANCE NO. 9914 -----
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND TI:IE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAK.ING TI:IE FOLLOWING CHANGES:
ZONE CASE NO. 2775; A ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE ZONING
FOR A CONVENIENCE STORE ON A TRACT OUT OF SECTION 17, BLOCK E-2,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENAL TY; 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 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 detennined 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
1 hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced
prior to first reading hereof; NOW TI:IEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF TI:IE CITY OF LUBBOCK:
ZONE CASE NO. 2775
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)(24) of the Code of
Ordinances of the City of Lubbock from C-2 to C-3 Specific Use for a
convenience store on a tract out of Section 17, Block E-2, City of Lubbock,
Lubbock County, Texas, located at the Northeast comer of 98th Street and Quaker
A venue, subject to conditions, and being more particularly described as follows:
METES AND BOUNDS DESCRIPTION of a 0.82 acre tract of land located in
Section 17, Block E-2, Lubbock, Lubbock County, Texas, and being further
described as follows:
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BEGINNING at a point in the East right-of-way line of Quaker Avenue which
bears N. 89°59'05" E., a distance of 335.00 feet and S. 00°03'13" W., a distance of
0.12 feet from the Northwest comer of said Section 17, Block E-2, Lubbock,
Lubbock County, Texas;
THENCE N. 89°59'05" E., a distance of 175.00 feet to a point for the Northeast
comer of this tract;
THENCE S. 00°03'13" W., a distance of205.00 feet to a point in the North right-
of-way line of98th Street, for the Southeast comer of this tract;
THENCE N. 89°59'05" E., along said North right-of-way line of 98th Street, a
distance of 144.96 feet to a point of curvature;
THENCE Northwesterly around a curve to the right, said curve having a radius of
30.00 feet, a central angle of 90°04'08", tangent lengths of 30.04 feet, and a chord
distance of 42.45 feet to a point in said East right-of-way line of Quaker Avenue
for a point of tangency;
THENCE N. 00°03'13" E., along said East right-of-way line, a distance of 174.96
feet to the POINT OF BEGINNING.
1 SUBJECT TO THE FOLLOWING CONDITION:
a. That the canopies may have a minimum 20 foot front setback. Otherwise,
construction shall meet the C-3 development standards.
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 C-2 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)(24) of Codified Zoning Ordinance No. 7084 on the property described as a tract
out of Section 17, Block E-2, 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.
ZONE CASE NO. 2775
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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.
Passed by the City Council on first reading ·•!:l,.,,oi~~~-;_-_-~_
Passed by the City Council on second readin this 24th
• APPROVED AS TO FORM:
:~==~~. ~~~ ... ..,__.e::___,
1 Linda L. Chamales, Supervising Attorney,
Office Practice Section
LLC:js/ZC-2775.0RD
ccdocs/May 13, 1996
ZONE CASE NO. 2775
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CK ' · ~~ ' a Notary Pu9lic in and for 1:ubbock County, Texas on this day ~{;;o.f'O, S,e:e-TELEMARKE'tlNQ ~"')l:Nt'rit,ES. o[the Southwestern Newspa•
>hshers of the Lubbock Avalanche-Journal -Morning, and Sunday; who being by me duly
say that said newspapei;.h¥. been published continuously for more than fifty-two weeks pri•
nofthis L,eaot . UblitC.
,_,.......,,___ ____ . ~-. _:_No I tf(•:1~1 at Lubbock County, Texas and the attached print• ct.f .fJof 1 . • s a true copy of the original and was printed in the Lubbock
1 the follow~~d. ates~ ~~ Ii "Illa. w .lJd<. ixi_-
NOTAAYPUBLIC in and for tile State of Texas
My Commission Expires ........ ; ......... ___ _
MAY 15 i~