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Home My WebLink AboutOrdinance - 9496-1992 - Zone Case 2118-R Zoning Change R-1 To R-1 Zoning Tract Of Land - 01/09/1992LLC:js First Reading January 9, 1992 Item #6 Second Reading January 23, 1992 Item #9 ORDINANCE NO. 9496 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-R; A ZONING CHANGE FROM R-1 SPECIFIC USE AND R-2 TO R-1 AND C-3 ZONING ON A TRACT OF LAND OUT OF SECTION 15, 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 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 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 is a continuous processs and change is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council recognize that the zone change on a 13.4 acre tract out of Section 15, Block E-2 is a minor deviation from the 1986 Comprehensive Land Use Plan and attempt to protect public and private commitments that have been previously based on the Plan; 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 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 COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2118-R SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 Specific Use and R-2 to R-1 and C-3 zoning districts, under provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock, on a tract out of Section 15, Block E-2, City of Lubbock, Lubbock County, Texas, located North- east of 98th Street and Slide Road, subject to conditions and further described as follows: TRACT A METES AND BOUNDS DESCRIPTION of a 13.4 acre tract, more or less, out of Section 15, Block E-2, Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears N. 00°01'30" W. a distance of 875.81 feet from the Southwest corner of Section 15, Block E-2; THENCE East a distance of 110.00 feet; THENCE S. 82°30' E. a distance of 310.00 feet; THENCE South a distance of 175.00 feet; THENCE Easterly around a 618.39 feet radius curve to the left a distance of 54.00 feet; THENCE S. 89°58'30" E. a distance of 400.00 feet; THENCE S. 00°01'45" E. a distance of 662.05 feet to a point in the center of 98th Street; THENCE s. 89°58'15" W. a distance of 599.49 feet; THENCE N. 00°01'30" E. a distance of 251.00 feet; - 2 - 1 I THENCE S. 89°58'15" W. a distance of 273.00 feet to a point in the center of Slide Road; THENCE N. 00°01'30" E. a distance of 624.92 feet to the PLACE OF BEGINNING. TRACT B METES AND BOUNDS DESCRIPTION of a 1.57 acre tract, more or less, out of Section 15, Block E-2, Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Southwest corner of Section 15, Block E-2; THENCE N. 00°01'30 E. a distance of 251.00 feet; THENCE N. 89°58'15" E. a distance of 273.00 feet; THENCE S. 00°01'30" W. a distance of 251.00 feet; THENCE N. 89°58'15" W. a distance of 273.00 feet to the PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That Tract A shall be zoned R-1; and b. That Tract B shall be zoned C-3; and c. That a site plan for Tract B, 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 One Thousand and No/100 Dollars ($1,000.00) 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 1 remainder of this Ordinance shall not be affected thereby. - 3 - 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 1992. on first reading this ____ 9 __ th ____ day of January Passed by City Council 11992. I ATTEST: APPROVED AS TO CONTENT: on second reading this 23rd d.¼v~~-, Director of Planning APPROVED AS TO FORM: ! .....-tr-_.....,, __ /...., c::>< c~~ ~ Linda[. Chamales, Assistant City Attorney ZC2118-R.ORD/D1-Agenda -4 - day of January t THE STATE OF TEXAS COUNTY OF LUBBOCK R-1090 Before me Ton u a M.e.n r y a Notary Public in and for Lubbock County, Texas on this day personally appear,.d T • J Au f i I I ' Ac c 0 u n t Man a f! e r 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 newsfaper ~ been published continuously for more than fifty-two weeks pri-or to the first insertion of this ___ L __ e;c..;f!--a'"'--'--"-'N"""o---t...;;1_c ___ e ___________________ _ _____________ _.,o. 505644 at Lubbock County, Texas and the attached print- ed cop¥ of the Lel!e I Not 1 ee hi a true copy of the original and was printed in the Lubbock Avalanche-J~WBaWR t~es~!Pw~e~if6:-J_a-n~-~2=5-,_1~99-2 ____________ _ LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FORM5~f0 ... • j THE STATE OF TEXAS COUNTY OF LUBBOCK ·• R--1057 Before me Tonra Henrr a Notary Public in and for Lubbock County, Texas on this day personallyappearf'd T.J. Aufil I, Account Manau!er oftheSouthwesternNewspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this I ef!a 0 1~gg½tce ..._ __ ...__ ..... §'"'"l ... I...__ ___ at. Lubbock County, Texas and the attached print:- ed copy of the I e « 1 I not 1 ca ii.:: a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:-sff,1...,,,...___ -2-1---,-1-E9H:9H11----------------- 89 WI ,53 = 47,17 79 Account manet!~ LUBBOCK AVALANCHE-J URNAL Southwestern Newspaper Corporation FOR!\158-10 \ \ THE STATE OF TEXAS COUNTY OF LUBBOCK R-10S7 Before me Toor I ffenrr a Notary Public in and for Lubbock County, Texas on this day personallyappearPd T,J. Auf11 I, Account Hanal!er oftheSouthwesternNewspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this -:___ -~-~ · -, I c t!II I n to t C1I ---------------~~ o. 8 at Lubbock County, Texas and the attached print-, ed copy of the I e ~ II I no t S. c I ooe 3 ~ a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following <lftes :----11)1+.ea-c,...,... -2~t--,---"1H9iH9.t-t----------------89 WI .53 = 47.17 Account HlrnJl!lr LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi .... s --2~3 ___ ,day of FOR!\158-10 \ \ \ THE STATE OF TEXAS COUNTY OF LUBBOCK R.-.1057 Before me To nY a Hen r Y a Notary Public in and for Lubbock County, Texas on this day personally appeared T. I • Au f i I I , Ac co u n t Mel mu.! e r or 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 newspaper has been published continuously for more than fifty-two weeks pri• or to the first insertion of this_-·:. , ·-· . ,-· •1-lleHt&!H1i11-,lt--tn+t-1r-o-i.--c:~e------------- ____________ __,,,o. 800837 at Lubbock County, Texas and the attached print- ed copy of the I e I! a I no t t c e · is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the.following q;ites:-....,:e-ere...-.--..-2:--:1lc-1,...----cltc'9~9'#-1±---------------- 89 wa .53 = 47.17 LUBBOCKAVALANCHE~OURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me this.,_ __ 2'""3----day o FORl\158-10