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HomeMy WebLinkAboutOrdinance - 9962-1996 - Zone Case 2787 Zone Change R-1 To C-4 Office And Warehouse - 12/19/1996First Reading Item #27 December 19, 1996 Second Reading Item #7 January 9, 1997 ORDINANCE NO. 9962 ----- AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE ,- OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2787; A ZONING CHANGE FROM R-1 TO C-4 ZONING FOR AN OFFICE AND WAREHOUSE ON 5.24 ACRES OF LAND OUT OF SECTION 41, BLOCK A- K, 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 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 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 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 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. 2787 SECTION l. 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-4 zoning district for an office and warehouse on 5.24 acres ofland out of Section 41, Block A-K, City of Lubbock, Lubbock County, Texas, located South of 19th Street and West of Alcove, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION of a 5.25 acre tract ofland located in Section 41, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a railroad spike set for the Northernmost Northeast comer of this tract which bears West a distance of 641.56 feet from the Northeast comer of Section 41, Block AK; THENCE S. 0°05'50" W. at 65 feet pass a 3/8" iron rod found in the South right-of-way line of 19th Street and continuing for a total distance of265 feet to a 3/8" iron rod found at an ell corner of this tract; THENCE East a distance of200 feet to a 3/8" iron rod found at the Easternmost Northeast comer of this tract; THENCE S. 0°05'50" W. a distance of281.63 feet to a 3/8" iron rod found at the Southeast comer of this tract; THENCE West a distance of 514.94 feet to al II square tube found at the Southwest comer of this tract; TIIENCE N. 0°05'55" E. at 481.63 feet pass al II square tube found in the said South right-of-way line of 19th Street and continuing for a total distance of 546.63 feet to a railroad spike found in the North line of Section 41, Block AK, at the Northwest comer of this tract; TIIENCE East, along said North line of Section 41, Block AK, a distance of 314.94 feet to the POINT OF BEGINNING. SUBJECT TO TIIE FOLLOWING CONDITIONS: a. The C-4 uses shall be limited to: 1. Uses unconditionally permitted in the C-4 zoning district except: a. Automobile Body Shops; b. Billboards; c. Commercial Private Clubs and Teenage Clubs; d. Dancehall; e. Feed Store; f. Used Furniture Store; 2 g. Gameroom ( except as an incidental use in a restaurant), Pool, Billiard and/or Domino Parlor; h. Motorcycle Shop; 1. Second.hand Goods Store or Pawn Shop; j. Used Car Lot; and k. Nightclubs. 2. A site plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission 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 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. 3 AND IT IS SO ORDERED. Passed by the City Council on first reading this Passed by the City Council on second reading this APPROVED AS TO FORM: -~Lc;:YC~~ Linda L. Chamales, Supervising Attorney, Office Practice Section da/ccdocs/zc2787 .ord rev. December 10, 1996 4 J 9th day of _ __..n.._eci.;;,1e::.u.m1.1.tb.r:::.eri.-_,• 1996. ALEX"TY" MAYORPRO RECE~VED APR O 3 1997 CITY SECRETARY LUBBOCK. TEXAS Lubbock County, Texas on this day of the Southwestern Newspa- NOTARY PUBLIC in and for the State of Texas My Commission Expires .................. ___ _ PATTI TATE Notary Public, State of Texas My Commission Expires 7-05-2000 19 '17 ! ' RECEIVED APR O 3 1997 CITY SECRETARY LUBBOCK, TEXAS NOT ARY PUBLIC in a or the State of Texas My Commission Expires .................. ___ _ ~~'1- ""' .. ~ ... ~ .. __ .,,,,,,.,, PATTI TATE Notary Publiq, State of Texas My Commission Expires 7~~2000 ---·--··-·----··--···-------------------------------------