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HomeMy WebLinkAboutOrdinance - 6178-1971 - Zoning Change-Case 1760, Sec. 37 & Other Sections, Blk AK, Lowery Subdivision - 09/22/1971=-- / .,, _.s_,"'.-------------==========----------==-=--==ia== ORDINANCE NO. 6178 _ _..::;...::....:.....;c..--__ _ ~-AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFIC£AL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING ClIANGE: ZONE CASE NO. 1760: CHANGE A TRACT OF LAND OUT OF SECTION 37 AND OTHER SECTIONS, BLOCK AK., A PART OF LOWREY SUB- DIVISION, CITY OF LUBBOCK., LUBBOCK COUNTY., TEXAS, FROMAN 11R-1 11 TO A irC-3" ZONIN"G DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. WHEREAS, the proposed change in zoning districts as hereinafter made has been duly presented to the Zoning and Planning Commission for its recom- mendation, which was received by the City Council and, after due consideration, the City Council finds that making the proposed change as hereinafter set out will be in the public interest; and, WHEREAS, all conditions precedent required by law for a valid amendmen to the Zoning Ordinance and Map have been fully complied with, as well as giving notices in compliance with Section 20 of Ordinance No. 1695, as well as notices provided by Article l0llf, Vernon1s Annotated Civil Statutes, amended in 1961, and notice was duly published in the Lubbock Morning Avalanche Journal more than fifteen (15) days prior to the date of the public hearing before the City Coun- cil on such proposed amendment1 and the public hearing according to said notice was duly held in the City Council Room on the Second Floor of the City Hall, Lub- bock, Texas, at which time persons appeared in support of the proposal; and, after said hearing1 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 Zo- ning Map be amended in the manner hereinafter set forth in the body of this Ordi- nance 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: SECTION_ 1. THAT Ordinance No. 1695 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: ZONE CASE NO. 1760 Change a tract of land out of Section 37 and other sections., Block AK, a part of Lowrey Subdivision, City of Lubbock1 Lubbock County. Texas, from an'it-111 to a 11C-311 Zoning District. Property is further described by metes and bounds to-wit: Field note description for a 17. 7 4 acre tract of land out of Tract 14 of the Lowrey Subdivision of Section 37 and other sections of Block AK, Lubbock County, Texas. said 17, 74 acre tract being the North part of the tract of land rec9 rded in Vol. 962, Page 89 of the Deed Records of Lubbock County, Texas, and being more particularly described as follows: BEGIN'NING at the Northeast corner of Section 37, Block AK, Lubbock County, Texas for the Northeast corner of this tract; THENCE South 89° 59' West along the North line of said Section 37 and the center of a paved public road, 704. 8 feet to a point for the Northwest corner of this tract; THENCE South 0° 01' East 60 feet to a point, said point being the beginning of a curve established by the State Highway Department for Loop 289 Highway right-of-way, having a radius of 215 feet, the radius point of said curve being South 0° 01 r East 215 feet; THENCE Southwesterly around the arc of said highway right-of-way curve, a distance of 376. 1 feet to the end of said curve; THENCE South 10° 15' East along the East right-of-way line of said Loop 289 Highway, a distance of 482. 6 feet to a point; THENCE South 20 ° 06 1 East along said Highway right- of-way, a distance of 122. 29 feet to the Northwest corner of Alliance Acres, an addition to the City of Lubbock, for the Southwest corner of this tract; THENCE North 89° 59 1 East along the North line of said Alliance Acres, 788. 08 feet to a point in the East line of said Section 37 for the Northeast corner of said Alliance Acres for the Southeast corner of this tract; THENCE North 0° 01 1 West along the East line of Section 37 and the center of Frankford Avenue, a distance of 902. 99 feet to the PLACE OF BEGINNING. Containing 1 7. 7 4 acres of land. SUBJECT TO THE FOLLOWING CONDITIONS. 1. That development be in accordance with the site plan presented and approved this date, which is adopted and made a part of this Ordinance for all purposes, the site plan is identified as site plan, Zone Case No. 1760, dated Oct. 14. 1c,riti initialed by Mayor J. H. Granberry. u 2. With the exception of the site for Service Station No. 1 as identified by the site plan, 11C-211 zoning be granted with the following "C-211 uses being prohibited: pool hall, pet shop, . theater and bowling alley. 3. That the site of Service Station No. 1, as it is identified on the site plan, be zoned 11C-311• 4. That the pattern of ingress and egress shall conform to the Ordinances of the City of Lubbock as determined by the Traffic Engineering Department. SECTION 2. THAT from and after passage and effective date of this Ordinance, said lots, tracts and parcels of land described in Section 1 hereof shall be changed to the Zoning District indicated and the Official Map is amended in accordance herewith. SECTION 3. THAT any person, firm or corporationrowriirg or operating the subject property failing to comply with the conditions imposed by Section 1 hereof shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine not to exceed TWO HUNDRED DOLLARS and each and every day's violation thereof shall constitute a separate and distinct offense. The failure of any corporation owning or operating the subject property to comply with any of the conditions imposed by Section 1 hereof shall render the President, Vice-President, General Manager, Local Manager and Local Agent liable to the penalty prescribed in this Section, SECTION 4. THAT should any section, 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. SECTION 5. THAT the City Secretary is hereby authorized to cause pub- lication of the descriptive caption of this Ordinance as an alternative method pro vided by law. AND IT IS SO ORDERED. Passed by the Council on first reading this ..... ~2,,_,_,,. Passed by the Council on second reading , 1971. -,--a<, .............. ==---___,; :......=..'tlC+-~:,__ ___ , 1971. APPROVED AS TO FORM: :a >~~ ' Fred O. Senter, Jr . ., CityAttoKey