Loading...
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 ~~ .. ._,, ~~-::::0, • Notary PuldiC State ot ie1as § .,4' My Comm•s.•·?n bp:res 6-30-96 8 ~~~~~~~~~~~l