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HomeMy WebLinkAboutOrdinance - 9665-1993 - Zone Case 2161-C Zoning Change C-2 To C-2 Zoning - 10/28/1993First Reading October 281 1993 Item //28 Second Reading November 11. 1993 Item /121 ORDINANCE NO. 9665 ----- AN ORDINANCE AMENDING ZONING ORDIN NCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLO G CHANGES: ZONE CASE NO. 2161-C; A ZONING CHANGE FROM C-2, GO AND R-1 TO C-ZONING ON A 7 ACRE TRACT OF LAND OUT OF SECTION 13, BLOCK E-2, LUBBOCK, S; PROVIDING A PENALTYi PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly presented to the Planning and Zoning Convn1ss1on 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 pro- posed changes in zoning; and WHEREAS, the 1986 Comprehensive Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and City Council determine the physical development of the community; however, planning 1s a continuous process and change is inevitable; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully complied with, including giv- ing 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 Aya]anche-Journa] 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. 2161-C 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 of Lubbock from C-2, GO and R-1 to C-3 zoning district. on a 7 acre tract of land out of Section 13, Block E-2, City of Lubbock, Lubbock County, Texas, located at the Southwest corner of 82nd Street and Boston Avenue, and being fur- ther described as follows: METES AND BOUNDS DESCRIPTION of a 7 acre tract of land located in Section 13, Block E-2, Lubbock, Lubbock County, Texas, being fur- ther described as follows: BEGINNING at a point which bears S. 89°58'08 11 W. a distance of 1263.07 feet and S. 00°01'52 11 E. a distance of 58.50 feet from the Northeast corner of Section 13, Block E-2, Lubbock, Lubbock County, Texas; THENCE N. 89°42'23 11 E. a distance of 50.00 feet to a point of cur- vature; THENCE Southeasterly around a curve to the right, said curve hav- ing a radius of 15.00 feet, a central angle of 90°15'45 11 , tangent lengths of 15.07 feet and a chord distance of 21.26 feet; THENCE S. 00°0l'52 11 E. a distance of 566.73 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve hav- ing a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet and a chord distance of 21.21 feet; THENCE s. 89°58'0811 w. a distance of 497.04 feet; THENCE N. 00·01•52• W. a distance of 595.00 feet; THENCE N. 89°58'0811 E. a distance of 120.17 feet; THENCE N. 89°42'2311 E. a distance of 376.80 feet to the POINT OF BEGINNING. 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 29-3l(a) of the Zoning Ordi- nance 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. ZONE CASE NO, 2161-C •• PAGE 2 ·• SECTION 4. THAT the City Secretary is hereby authorized to cause pub- lication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 28th 1993. Passed by City Council 1993. ATTEST: sM:,Yo~y Secret APPROVED AS TO CONTENT: U.C:J•/ZC2161•C.ORD Dl·Agmda/October 19, 1993 ann ng ZONE CASE NO. 2161-C •• PAGE 3 -- day of October ------ • NOTICE OF PUBLIC HEARING NOTICE is hereby given that the City Council will hold a Public Hearing on Thursday, October 28, 1993 at 10:30 a.m., in the City Council Chambers, 1625 13th Street, Lubbock, Texas, to consider the recommendations by the Planning and Zoning Commission that zoning be changed on certain properties in Lubbock, Texas. City of Lubbock City Council meetings are available to all persons regardless of disability. If you require special assistance, please contact the city Secretary's Office at 767-2025 or Community and Neighborhood Services (for the hearing impaired) at 747-2888 (Monday-Friday, 8:00-5:00 p.m.) or 1625 13th Street Room 206 at least 48 hours in advance of the meeting. All interested persons may speak, then the City Council will act on such recommendations. The following zone cases will be heard: ZONE CASE NO. 2460-J: Request of Henry L. Huneke (for Escondido Oil, Inc.) for a zoning change from C-2 to R-1 Specific Use (garden homes) on a 3.8 acre tract of land in Section 11, Block E-2 (7800 Block of Orlando Avenue). ZONE CASE NO. 1968-F: Request of David Goyette (for Crescendo) for a zoning change from GO to R-1 Specific Use (garden homes) on Tract K-1-B, Rushland Park Addition (West of Quaker Avenue between 6th and 7th streets). ZONE CASE NO. 2161-CI Request of David Goyette (for Lubbock Land Company) for a zoning change from c-2, GO and R-1 to c-3 on a 7 acre tract of land out of Section 13, Block E-2 (Southwest corner of 82nd Street and Boston Avenue). ZONE CASE NO. 1750-FI Request of Jack Chapman (for ZAMCO Group, Inc.) for a zoning change from C-2A to C-2 Specific Use (motel) on Lots D, E, F, G, and H, Southwest Haven Addition (4700 s. Loop 289). . ZONE CASE NO. 2076-Aa Request of Cimarron Land Services (for Southwestern Bell Mobile Systems, Inc.) for a zoning change from C-3 to C-3 Specific Use (cellular telephone tower) on Tract L, College Avenue co-op Addition (8211 University Avenue). ZONE CASE NO. 1S65-EI Request of George and Becky Holland (for All American storage, Inc.) for a zoning change from C-4 to C-4 Specific Use (self-storage) on Lot B-2A, Southwest Commercial Park Addition (5800 49th Street). AFFIDAVIT ID -2-'t -q3 ! 'J-~ .... Jl. ;i~ 0 ( ,_( I C'J 4,{., Cj THE STATE OF TEXAS § COUNTY OF l...ua&O?:t_ § I, f2A.rvov 1'.lt=.<J&E,&A-Ua', as a member of the ~Ne.,~ ( make this affidavit and'hereby on oath state the o ow1ng: , an or a person or persons related to me, have a substantial interest in a busin~ entity th,t would be peculiarly affected by a vote or decision of the CfI:l CaJI\.X:..~\ (city council, commis- as those terms are defined in Chapter 171, Local Government Code. -s 1 .... , o-n-or___,.6-o-ar_d,....) The business entity is L..uMCLL /,..A,yvf;, Celhl) 14NY 6 j 1"1 .... -B~~ (name) (ad<iress) r_ have/has a substantial interest in this ("I" or name of relative and relationship) . business entity for the following reasons: (check all which are applicable). v Ownership of 10%. or more of the voting or shares of the business --entity. ✓ Ownership of 10% or more or $5,000 or more of the fair market value --of the business entity. Funds received from the business entity excess 10% of M:l gross income for the previous year. -(m.._y_../.,.,..'Re,__r/....,..,h_,i,_s...,..) Real property is involved and X have/has an equitable or . (I/he/she) legal ownership with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity · or property that would be affected by a decision of the public body of which I am a member • . ·• Upon the filling of this affidavit with the C..l , I affirm c1t c er or seer tary) · that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this l J-~ day of (;)c..fob€f'L , 19 93 . ~f.~ 01\.)C.., ,., ~'1 Title ' t e undersigned authority, this day personally appeared ....,.:.-41.J.l.{D,J~-+-!::!.d.dLl4l!:~~~---,.---and on oath stated that the facts hereinabove true o t e est o <I,.µ, knowledge or belief. (hi s]ner) Sworn to and subscribed before me on this /8. -Ht.. day of {!k~ , 19~. ~;a,sJliMir 1for the State of Texas My commission expires: ~-~1-q7 I I /id 13 AFFIDAVIT :r:+e,-, a...·, , 7-. '( ~ 'l,S, "L<, 3 o THE STATE OF TEXAS § COUNTY OF Lv~aoc:..c.. § I, fc.p. "->OY ~E:OCa.eSJWff. as a member of the vt,:b CCONC ~ / make this affidavit and hereoy on oath state the follow1ng: I, and/or a person or persons related to me, have a substantial interest in a busines entity that would be peculiarly affected by a vote or decision of the CI Coc.hvc. .. (c1ty c unc, , comm1s- as those terms are defined in Chapter 171, Local Government Code. -s ..-i o-n-or~b-oa_r_,d,.....) The business entity is Lµ~f'boc.t.. /...Atv~ lc:rtriR41V"J l. l 1 '--B \.~ . {name) (address) ~ have/has a substantial interest in this (11 111 or nameo relative and relationship) business entity for the following reasons: (check all which are applicable). VOwnership of 10%.or more of the voting or shares of the business -entity. V-ownership of 10% or more or $5,000 or more of the fair market value --of the business entity . .,......--Funds received from the business entity excess 10% of h;t --gross income for the previous year. ....(m...;..y~/rlffe-r...,./.-h1 ...... ,s ..... ) ~Real property is involved and L have/has an equitable or --(I/hefshe) legal ownership with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filling of this affidavit with the c:_1 , I affirm c1 y c er or secreta y) that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed thi S' 11-rM day of BETTY M. JOHNSON Notary Public, State flf Texas 111 Commission Expires J.25-95 Title e LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation NOTARY PUBLIC in and for the State of Texas My Commlsslon Expires .................. ___ _ Subscribed and sworn to before me thi ... s -"""'2-1"""-"__._ _ _._.day of Al b\J em bee 19 q3 FORM58-10 ~..or~,.o-~~ ~ PATTI TATE I I Notary Puulu:. S!~te of irm ~ v..:~~.. My Commrs~·:m Expires 6-30-96 ~ m-t:::,O,.k.4:l<M~MMIIO::.-o.co~~~..8 . ·, ··•.