HomeMy WebLinkAboutOrdinance - 9704-1994 - Zone Case 2931 Zone Change C-2 To C-4 Specific Use Motel - 04/28/1994First Reading
Item #25
April 28, 1994
Second Reading
Item #9
May 19, 1994
ORDINANCE NO. 9704
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 1931; A ZONING CHANGE FROM C-2 TO C-4 SPECIFIC USE ZONING
FOR A MOTEL AND ALL PERMITTED C·J USES ON SECTION 11, BLOCK E-2,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly pre-
sented 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 ofLubbock, 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
1 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. 1931
SECTION 1. TIIAT 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-4 Specific Use for a motel and
all permitted C-3 uses on Section 11, Block E-2, City of Lubbock, Lubbock
County, Texas, located at 3817 S. Loop 289, subject to conditions and being
further described as follows:
METES AND BOUNDS DESCRIPTION of a 4.1 acre tract ofland in Section 11,
Block E-2, Lubbock, Lubbock County, Texas, being further described as follows:
BEGINNING at a point which bear N. 00°02'46" E., a distance of 2647.78 feet
and S. 89°58'50" E. a distance of 1141.79 feet from the Southwest comer of Sec-
tion 11, Block E-2, Lubbock, Lubbock County, Texas;
THENCE N. 11°09'15" E. a distance of218.71 feet;
THENCE N. 21°17'32" W. a distance of365.27 feet;
THENCE East, a distance of208.32 feet;
TIIENCE North, a distance of 202.54 feet;
TIIENCE Southeasterly around a curve to the left, said curve having a radius of
5879.65 feet, a central angle of 00°49'30", a chord bearing of S. 80°55'57" E.,
and a chord distance of84.66 feet;
THENCE South, a distance of294.57 feet;
TIIENCE East, a distance of 106.00 feet;
THENCE South, a distance of 449.65 feet;
THENCE N. 89°58'50" W., a distance of 307.59 feet to the POINT OF
BEGINNING.
SUBJECT TO TilE FOLLOWING CONDITION:
a. That it be tied to site plan 2731 as presented to the Planning and Zoning
Commission and signed by the Chairman on April 7, 1994 which contains
the approved signage details (for a 300 foot expressway parcel).
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 Build-
ing 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-1 zone district; and if such reversion occurs, the Director
of Planning is directed to remove from the Zoning Map the legend indicatin~ 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 descnbed as Section 11, Block
E-2, City ofLubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a mis-
demeanor 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.
ZONE CASE NO. 2731
-PAGE2-
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordi-
nance be declared unconstitutional or invalid for any reason, the remamder of this Ordinance shall
not be affected thereby.
SECTION S. 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 ··~--.Q.S:l
Passed by the City Council on second readi
ATTEST:·.
~···b1~ BeitY§olinson;secretary
APPROVED AS TO FORM:
Lmda L. Chamales, Assistant City
Attorney
U.C:js!ZC-273l.ORD
ccdocs1Apri114,l994
ZONE CASE NO. 2731
-PAGEl-
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspaper Corporation
lc;.... -.•.
NOTARY PUBLIC in al'ld for the State of Texas
My Commission Expires .................. __ _
Subscribed and sworn to before me this, _ __,_l....::.l __ _cday of Apr\ l 19 ql/
FORl\1 SI-lt
CONTROL GROUP
JlJN 2 3 1~4\ I /)
THE STATE OF TEXAS l)\ lf couNTYPf\LUJJB~ Ar~I nEPT .· Before me4Q tb lf. ~ Notary Public in and folDI~k Cou.trY, Texas on this day
personally appeare -5: A11£\ II , Cnd-tb[C:c 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 aid newsp r h s been published continuously for more than fifty-two weeks pri-
or to the first insertion of this ..L.Io~y..&JL--L:~:::U-~~ ~e..7-:.-------------------
-----..,.------.--.....----;--:------"No. Lf::M -t£ L at Lubbock County, Texas and the attached print-
ed copy of the l.e~l f\5 otic e . is a true coj>y,of the original and was printed in the Lubbock
Avalanche-Journal on the following dates:_f-'fU.a~.......,'f~;l-....._Ct-Jf._q.._'IL-..:.jq ______________ _ 511 lAX\. • ~;; .. _ ':/J t.( {5
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspaper Corporation
NOTARY PUBLIC In and"'fi5: the State of Texas
My Commission Expires .................. ___ _
Subscribed and sworn to before me this ___ c;,__ __ .day of___;JJ::....~.. ..... LL.o ..... ft~e..,__ ______ l9._Q...c,_'-/-'----
FOR:\1 iiS-10
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• Notary PuldiC State ot ie1as §
.,4' My Comm•s.•·?n bp:res 6-30-96 8 ~~~~~~~~~~~l