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HomeMy WebLinkAboutOrdinance - 9681-1994 - Void- Case Withdrawn - 01/13/1994First Reading January 13, 1994 Item 1120 ORDINANCE NO. -~.;._b_S__.__f __ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: WNE CASE NO. 2719; A ZONING CHANGE FROM C-2 TO C-3 ZONING, FOR A RETAIL SHOPPING CENTER ON AN 11.074 ACRE TRACT IN SECTION 4, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBUCATION. 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 chan es in zoning; and the Texas theL b before the C follows: COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2719 THAT Ordinance No. 7084 and the Official Zoning Map are amended as A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City ofLubbock fromC-2 to C-3 zoning district, for a retail shopping center on an 11.074 acre tract in Section 4, Block E, City of Lubbock, Lubbock County, Texas, located at the Northeast comer of 82nd Street and University Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION of an 11.074 acre tract located in Section 4, Block E, Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod found in the East right-of-way line of University Avenue at the Southwest comer of Tract "A", Oak Park Addition to the City of Lubbock, and at the Northwest comer of this tract which bears East a distance of 60.00 feet and North a distance of 859.00 feet from a railroad spike found at the Southwest comer of Section 4, Block E, Lubbock, Lubbock County, Texas; THENCE East, along the South line of said Tract "A", a distance of 250.00 feet to a 1/2" iron rod found in the West line of a 20 foot alley at the Southeast comer of Tract "A" and at the most Northerly Northeast comer of this tract; THENCE South, along the West line of said alley, a distance of99.00 feet to a 3/8" iron rod found at a comer of this tract; THENCE S. 45° E., continuing along the Southwest line of said alley, a distance of7l7.00 feet to a 3/8" iron,rod found at a comer ofthis tract; THENCE East, along the South line of said alley, a distance of283.00 feet to a 3/8" iron rod found in the West right-of-way line of Waco Avenue at the most Easterly Northeast comer of this tract; THENCE South, along the West right-of-way line of Waco Avenue, a distance of 183.00 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tangent length of 15.00 feet, and a chord distance of21.21 feet to a point of tangency in the North right- of-way line of 82nd Street; THENCE West, along the North right-of-way line of 82nd Street, a distance of 592.00 feet to a 5/8" iron rod with cap found at a point of intersection; THENCE N. 87°08'16" W., continuing along the North right-of-way line of82nd Street, a distance of200.25 feet to a 5/8" iron rod with cap found at a point of intersection; THENCE West, continuing along the North right-of-way line of 82nd Street, a distance of203.00 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°, tangent length of 30.00 feet, and a chord distance of 42.43 feet to a point of tangency in the East right- of-way line of University Avenue; THENCE North, along the East right-of-way line of University Avenue, a distance of764.00 feet to the POINT OF BEGINNING. ZONE CASE NO. 2719 -PAGE2- SUBJECT TO THE FOLLOWING CONDITIONS: a. Provide a condition for resolution of the discussion regarding fencing and curb cuts adjacent to Waco Avenue. b. That it be tied to site plan in zone case 2719 for basic building footprint locations as presented to the Planning and Zoning Commission and signed by the Chairman. c. That 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-Jl(a) of the Zoning Ordinance of the City ofLubbock. 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. Passed by the City Council on first reading this 13th day of _ ___,WJ'-II!;a.unuwa.ur._J..y __ ....J. 1994. Passed by the City Council on second reading this ____ day of 1994. ATTEST: Betty M. Johnson, City Secretary APPROVED AS TO FORM: ~""-__ .:...-.,. c:::;;;s-c£.:_~ Lmda L. Chamales, Assistant City Attorney U.C;js/ZC-2719.0RD ecdoariDeccmber 29, 1994 ZONE CASE NO. 27I9 -PAOE3- DAVID R. LANGSTON, MAYOR No Text THE STATE OF TEXAS COUNTY QF_L'Ql3BOOK ~ Before me Ya.i+\ --rtl'"t"C: T ;;;JT~ Notm Public in and for Lubbock County, Texas on this day personally appeared :t:':=-A-!1.1=! lt, Go n±rl> ~ of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that 'd news a r as ~npublished continuously for more than fifty-two weeks pri- or to the first insertion of this -==¥'=lL+--T~DF4~c,_,e.-:-r-----------------­ LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation ~~...J...J.-'-~--Cit Lubbock County, Texas and the attached print- Y-of th ·nal and was printed in the Lubbock Jal NOTARY PUBLIC in and for the State of Texas My Commission Expires ......••••....••.. __ _ Subscribed and sworn to before me thi~s -....l~.oc::;_\!...-----lday of D t?Cr m her 19 q3 FORM58·10