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Home My WebLink AboutOrdinance - 9412-1991 - Zone Case 2662 Zoning Change From A-1 To A-2 Limited To Church Uses - 01/24/1991II LLC:dw First Reading January 24, 1991 Item 1/11 Second Reading February 14, 1991 Item 115 ORDINANCE NO. __ 94_1_2 _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2662; A ZONING CHANGE FROM A-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON LOT 1-A AND A PORTION OF LOT 3-A, BLOCK I, BUTLER ESTATES, 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 I which was received by the City Council and, after due consideration, the I 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 I I ,j 'I I. I• il: !, I' li H H p q :i 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 the proposed amendment, and the public hearing according to said notice, was held in the City Council Chambers 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 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. 2662 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from A-1 to A-2 zoning district, limited to a church and church related uses under provisions of Section 29-29 of the Code of Ordinances of the City of lubbock, on lot 1-A and a portion of lot 3-A, Block I, Butler Estates, ~ r 1 City of Lubbock, Lubbock County, Texas, located at 4201 Avenue J and 915 42nd, subject to conditions and being further described in "Exhibit A" below: Exhibit •A• LOT THREE-A (3-A), BLOCK "1", BUTLER ESTATES, an Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 1658, Page 382 of the Deed Records of Lubbock County, Texas; SAVE AND EXCEPT: That portion of property conveyed to the State of Texas by Deed for Controlled Access Highway Facility dated April 12, 1985, and recorded in Volume 1961, Page 797 of the Deed Records of lubbock County, Texas, being further described as follows: BEING a tract of land out of LOT THREE-A (3-A), a replat of a portion of lot 3, in BLOCK "1", BUTLER ESTATES, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 1658, Page 382 of the Deed Records of lubbock County, Texas; said tract being the same property described in a Deed from Most Reverend L.T. Matthiesen and predecessors in title as Bishop of the Roman Catholic Diocese of Amarillo, to Most Reverend Michael J. Sheehan, Bishop of the Roman Catholic Diocese of Lubbock, dated August 30, 1983, and recorded in Volume 1852, Page 894, Deed Records of Lubbock County, Texas; said tract being more particularly described as follows: BEGINNING at a point in the existing South Right-of-Way line of 42nd Street, said point being the Northernmost Northeast corner of said tract, and 309.96 feet South 87 deg. 34'15" East of the Northwest corner of said tract; THENCE South 2 deg. 26'22" West along the East line of said tract, a distance of 291.99 feet to a point in the South line of said tract; THENCE North 87 deg. 34'30" West along the South line of said tract, a distance of 208.81 feet to a point on the proposed West right-of-way line of IH-27; THENCE North 2 deg. 27'15" East along the proposed West right- of-way line of IH-27, a distance of 282.00 feet to a point on a curve of the proposed West right-of-way line of IH-27; THENCE Northwesterly along said curve to the left, having a radius of 10.00 feet and a radius bearing North 87 deg. 32'45" West, a distance of 15.71 feet along said curve to a point on the existing South right-of-way line of 42nd Street; THENCE South 87 deg. 34'15" East along the existing South right- of-way line of 42nd Street, a distance of 218.74 feet to the POINT OF BEGINNING. - 2 - SUBJECT TO THE FOLLOWING CONDITION: That the zoning shall be A-2 limited to a church and church related uses. 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 29-31(a) of the Zoning Ordinance 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. 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 this --""'24=t .... h._____ day of .Tanll,.tiJ1",Jl , 1991. ""Pa~s~s~e~d""'D:~y:--r1thr-:e~c-:r.itL:"y7""7<C-=-:ou::":n:-:c-:ri~l--=o=-=n-second reading this 14th day of _-_-·_-_· ._F_eb_r_u_a_ry;,__ ______ , 1991. APPROVED AS TO CONTENT: td.2:l~·~ H. DaYi JonetlreCtor of Planning I APPROVE~ AS TO FORM~ . ' ~-. ,..._ ~C~----~ r Linda [. Chamales, Assistant City Attorney - 3 - THE STATE OF TEXAS COUNTY OF LUBBOCK R-726 Before me · · Ton Y a Hen r Y a Notary Public in and for Lubbock County, Texas on this day personally appeared I • J • Au f 11 I ' A c co u n t Man a I! 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 newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this -~1-:!le .... f!...,a:wl'---'n'-'-'o"'--'"-t _,_i_,.c_,.e ___________________ _ ------,...---.,-----,--,---J."O. 79 8 2 31 at Lubbock County, Texas and the attached print- ed copy of the I e I! a I no t 1 c e is a true copy of the original and was printed in the Lubbock Avalan~~to~wal1?~J&e tgn<f~?f.1foes:---l.E--~~:e~b'---.__,_1~6.L., __.2~3.Ll,L-....-11..:z9:..;z9..a.1 __________ _ LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FOR!\158-10 THE STATE OF TEXAS COUNTY OF LUBBOCK R-t:79 :::~~:~; app!:r~X a ¥~ 9 ~VA u f 1 I I ' A c c cfu~otaiM fR~l~J't and for Lubbo~: t~~~~~th~:~:~n ~~!!a; pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspaperth:i.as been published continuously for more than fifty-two weeks pri-or to the first insertion of this __ l_e_E!_a_l_n_CJo __ c_e ____________________ _ -------r"'='""''"'='---=:-:-:a:-r-;;;;-;;;--No7.9 806 7 at Lubbock County, Texas and the attached print- ed copy of th 1 e e: a 1 n ° t 1 c e J ~ ~ ~ trije, co~~ ~fihe original a:pd was printed in the Lubbock Avalanche-Journal on the following dates: ___ ........,_ ___________________ _ --'""'""""'2-41. wa .sa= :J20...S:.l.L...------------------------ Account M al!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi..___9 ____ day of. Jan u a r Y FORM 58-10 TONYA H.ENRY Notary Public STATE OF TEXAS My Cow.! E•P Nov 19 1994 R-679 THE STATE OF TEXAS COUNTY OF Y6B~qp~ en r y Before me n a Notary; Public in and for Lubbock County, Texas on this day personally appeared T • J • Au f i I I ' A c c 0 u n t M llh a 2 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 newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this _.......:...1 e.;:...2=ll..;..l--'-n;...;O_t_i--'-c;...;e __________________ ..,--__ -------==-r-=-::::-:z:,....--:::-::--No]98067 at Lubbock County, Texas and the attached print- ed copy of the I e 2 ll I n ° t 1 c e is a true c~9 of the original and was printed in the Lubbock Avalanche-Journal on the following dates : __ ..::;J-=a:..:.n::...:•;....._9;:_;;_t --=1:..=......;;...:1=----------------- 242 wa .so-121.00 Account Mllna2er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi.~s_9 ____ ..... day of.:....J~a~n~u~a~r:_:Y~_j!!~~~~~-'-~'·':'~. !. ~ .. ~.~~~·-~-~ .• '! . _,; ~·,.,~. --~ ~ .. ~ •,I ... -• .r *' FORM58-lll