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Home My WebLink AboutOrdinance - 9414-1991 - Zone Case 1542-N Zoning Chnage C-3 To C-4 Automobile Brake Shop - 01/24/1991II LLC:dw First Reading January 24, 1991 Item #13 Second Reading February 14, 1991 Item #7 ORDINANCE NO. 9414 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1542-N; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE PERMIT FOR AN AUTOMOBILE BRAKE SHOP ON A TRACT OUT OF LOT 1-A, BLOCK 1, FURR-WOLF ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITION; 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 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 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. 1542-N SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from C-3 to C-4 Specific Use Permit, under provisions of Section 29-24(c)(24) of the Code of Ordinances of the City of lubbock, for an Automobile Brake Shop on a tract of land out of lot 1-A, Block 1, Furr-Wolf Addition, City of lubbock, lubbock County, Texas, located at 4417 S. loop 289 and subject to condition, and being further described as follows: !1 li II d H METES AND BOUNDS DESCRIPTION of a portion of Lot "1-A", Block 1, Furr-Wolf Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears North approximately 696 feet and West approximately 213 feet from the original Southwest corner of Lot 1, Block 1, Furr-Wolf Addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 27°03' W. an approximate distance of 38 feet; · THENCE N. 23°39'38" E. an approximate distance of 47 feet; THENCE N. 62°57' E. an approximate distance of 80 feet; THENCE S. 27°03' E. an approximate distance of 65 feet; THENCE S. 62°57' W. an approximate distance of 118 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITION: That it be tied to the elevation on site plan 1542-N as presented to the Planning and Zoning Commission on January 3, 1991. SECTION 2. THAT the Codes Administrator of the City of Lubbock is authorized to issue a Specific Use Permit to the Applicant in said Zone Case in accordance with the condition imposed by the City Council, provided said applicant agrees to be bound by the terms of the Specific Use Permit, the granting of which is hereby made subject to compliance to all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 29-24 of the Codified Zoning Ordinance, which provides that a Specific Use Permit and a Building Permit shall be applied for and secured within thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in this case is the C-3 zone district; and if such reversion occurs, the Codes Administrator is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Section 29- 24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described as a tract of land out of Lot 1-A, Block 1, Furr-Wolf Addition, City of Lubbock, Lubbock County, Texas. SECTION 3. 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 4. 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. - 2 - ,I !I :I II :I I SECTION 5. 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 ~2~4~t~h ___ day of '.·1· Pit~M~x:6y the City Council on ;e~~~~ ·reading this 14th day of -Fepruary 1991 ·I __ __._ ________ , • ; APPROVED AS TO CONTENT: i ~ il~tf~ctor of Planning ! APPROVED AS TO FORM: ·rmi ---.c_~-eL~~ J. Linda [. Chamales, Ass;stant City 1 Attorney !, il !I I I I· I - 3 - THE STATE OF TEXAS COUNTY OF LUBBOCK R-c79 Before me Ton y a Hen r v 1 a NotarM Publ~ in and for Lubbock County, Texas on this day personally ::1ppeared 1 • J • Auf 1 1 ' A c c 0 u n t an a 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 h.as been published continuously for more than fifty-two weeks pri· or to the first insertion of this __ I _e_t!_a_l---=r'l_o-:t:-1_c_e=---------------------- ------,...-=-:;;t...,--........-.....-: ..... -No19806 7 at Lubbock County, Texas and the attached print- ed copy of the 1 e 2 a 1 n ° t 1 c e · s a true co~~ ~f1the original apd was printed in the Lubbock Avalanche-Journal on the following dates: ___ J_a_n_._9_, ----------------- ---~2~4~1 wz .so = 120~5~-------------------------- LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi.,__9 ___ --!day of Jan u a r Y TONYA H.ENRY Notal)· Public STATE Of TEXAS My Contrn Ell) Nov 19 li94 l R-679 ''l-IE STATE UF TEXAS ltil":\'TY (If' I l'BBOCI), Befllf"L' me _ TonY_~--~.!:__Y ___ .m ____ a Not~n· Public in and for Lubbock County, Texas on this day pers•mallyappcared T.J. Aufil ' Account 'Mana~er oftheSouthwesternNewspa- pers Corporatiou. publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly ::;worn did depnc and say that said newsraper h~s been published continuously for more than fifty-two weeks pri- nrtothefirst insertionofthis~-'~e~~~a~~"~O_t~l~C~e~~~~~~~~~-~~~~~~~~~~~ -·-----------T-l:~ __ __No.1.2.B.0_6.L at Lubbock County, Texas and the attached print- ed copy of the_l__!_~~ n ° 1 c e · s a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates: --'-J-'a'-'-n-'--. __ 9_,~1_9_49_1~---~~-~~~~~-~--- ------2-42-w.a-• 50 =---12..3 .._,. OUJQ.,._ __________________ ~ '/ /"""' ,.~ l /-_1 -. (_ ( l ( i-"1..--_{ '-· --------''----,-,------z; ___ A.!;~n t Man.--'-"'-a=e-=e-"-r __ _ LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation ',', .. THE STATE OF TEXAS COUNTY OF LUBBOCK R-726 Before me Ton>' a H en r >' a Notary Public in and for Lubbock County. Texas on this day personally appeared I • J • Au f i I I ' A c a o 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 newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this _.._I ,.e .... s .... a ...... l...__.n....,o......,._t ..... i ... c...,e~------------------- ------...,---.,.----:--,----' o. 7 9 a 2 3 :t at Lubbock County, Texas and the attached print- ed copy of the I e f!. a I no t i c e is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:_..._E ..... e_.b._. • ...__.1""6.._._, __..2 ..... 3,_.,'---'1.._9/L..9.L.I/Io1 _____________ _ 326 wa 1.00 =326.00 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me this.._.2.Q6----' FORM38-10