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HomeMy WebLinkAboutOrdinance - 9710-1994 - Zone Case 2733 Zone Change From C-3 To C-4 Auto Service Uses - 05/26/1994First Reading May 26. 1994 Item U3 Second Reading June 9, 1994 Item #10 ORDINANCE NO. _9_7_10 __ _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOW1NG CHANGES: ZONE CASE NO. 2733; A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO AUTO SERVICE USES AND ALL PERMITIED C-3 USES, ON THE NORTH 130 FEET OF LOTS 14, 15, 16, 17 AND 18, BLOCK 5, MASSEY HEIGHTS ADDmON, AND A PORTION OF BLOCK 4, G. F. COPP ADDmON; 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 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 COUNCll.. OF THE CITY OF LUBBOCK: ZONE CASE NO.l733 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City ofLubbock from C-3 to C-4 zoning district, limited to auto service uses with no overhead door from the alley and all permitted C-3 uses on the North 130 feet ofLots 14, 15, 16, 17 and 18, Block 5, Massey Heights Addition, and a portion of Block 4, G. F. Copp Addition, City ofLubbock:, Lubbock County, Texas, located 2424 34th Street, sub- ject to conditions and being further described as follows: All of the North One Hundred Thirty feet (N. 130') ofLots Fourteen (14), Fifteen (IS), Sixteen (16), Seventeen (17), and Eighteen (18), Block Five (S), Massey Heights Addition to the City of Lubbock, Lubbock County, Texas; and a part ofBlock Four (4) of the G. F. Copp Addition to the City ofLubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Northeast comer of Lot 18, BlockS, Massey Heights Addition to the City of Lubbock, Lubbock County, Texas, said point also being a distance of 472.50 feet East and a distance of 170.00 feet North of the Southwest comer of Section 9, Block B, Lubbock, Lubbock County, Texas; THENCE East along the South line of an alley, a distance of 166 213 feet to a point; THENCE South a distance of 130.00 feet to a point in the North line of 34th Street; THENCE West along the North line of 34th Street, a distance of 166 213 feet to a point in the East line of Lot 18, BlockS, Massey Heights Addi- tion; THENCE North a distance of 130.00 feet to the PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING CONDffiONS: A The C-4 uses shall be limited to: 1. All unconditionally permitted C-3 uses and the following C-4 uses: a. Automobile Body Shop (no outside storage of wrecked vehicles); b. Automobile Brake Shop; c. Automobile Glass Shop; d. Automobile Sales and Service; e. Automobile Seat Cover and Upholstery Shop; £ Automobile Transmission Shop; g. Automobile Muffler Shop; h. Automobile Public Repair Garage; i. Wholesale House, Sales, Office and Storage. ZONE CASE NO. 2733 -PAGEl- 2. Overhead doors shall be pennitted on the East, West and South sides of the building. There shall be no overhead doors on the alley side of the property. SECTION 2. 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 ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordi- nance be declared unconstitutional or invalid for any reason, the remamder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading Passed by the City Council on second 11eaaJng --""""--~~C7~,...-L--­ Linda L. Chamates, Assistant City Attorney u.c;;srz;c.2723.0RD ~yl3,1994 ZONE CASE NO. 2733 -PAOE3- ~~=::;~~---' 1994. ~:::;.._-7"=::.::;....--t-~ 1994. LUBBOCKAVALANC~OURNAL Southwestern Newspaper Corporation ........ o;..z:...-""'......_...:...c~._ ....... t Lubbock County. Texas and the attached print- cop of 1£; original and was printed in the Lubbock Subscribed and sworn to before me th .... is...____,/._3....-c.-_-" FOR!\158-11 PAniTATE Notary PulliJC. State of ltxas ....... --.. .... "" Mr ~llllr"'ll'l Eapm 6·30·96 ··--~·- CONTROL GROUP . JUN 2 .$ \994 THE STATE OF TEXAS ~\ (_() Before me -~ . ~h .a Notary Public in and foA~ktOoufrtS', ha &n this day COUNTYOE.LU!OCK f'f'T {"\ PJ personally 8PP(;315: -:s:Au n ll, c ;dm Uer 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 said news a r ~as been published continuously for more than fifty-two weeks pri- or to the first insertion of this ...l.<.!e~~a:u.-....p ....... ~""--"<--=7-.,.--------------------- ......_......:;;.u;4.L.Ic.>e---..at Lubbock County. Texas and the attached print- ed copy of the ·.c. true C9.PY. of the original and was printed in the Lubbock Avalanche-Journal on the following dates:_.o...z..._,"f-_._.__,......._f./...._t...__ ______________ _ LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi.,_ __ q.!.._ __ FOR:'1138·l0 0 I L I? NOT/k£Ji~Tuu My Commission Expires .................. ___ _