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HomeMy WebLinkAboutOrdinance - 9431-1991 - Zone Case 2261-C Zoning Change R-1 To C-2 And Change R-1, R-2 To A-2 Church - 04/25/1991II I I LLC:js First Reading April 25, 1991 Item #9 Second Reading May 9, 1991 Item #8 ORDINANCE NO. 9431 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2261-C; A ZONING CHANGE FROM R-1 TO C-2 AND CHANGE R-1 AND R-2 TO A-2 ZONING, LIMITED TO A CHURCH AND CHURCH RELATED USES ON TRACTS OUT OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAV- INGS 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, 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 p~blic 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. 2261-C SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 to C-2 and change R-1 and R-2 to A-2 zoning district, limited to a church and church related uses, un- der provisions of Section 29-29 of the Code of Ordinances of the City of lubbock, on tracts out of Section 28, Block E-2, City of lubbock, Lubbock County, Texas, located at South Loop 289 and Chicago Avenue, subject to conditions and being further described as follows: TRACT 1 METES AND BOUNDS DESCRIPTION of a tract located in Section 28, Block E-2, lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of lot 1, Farrar Park, an Addi-tion to the City of Lubbock, lubbock County, Texas, which bears S. 89°54'45" E. a distance of 1324.98 feet and North a distance of 1320.00 feet from the Southwest corner of Section 28, Block E-2, lubbock, Lubbock County, Texas; THENCE North a distance of 116.49 feet to a point in the South right-of-way line of loop 289; THENCE Southeasterly around a curve to the right in the South right-of-way line of Loop 289, said curve having a radius of 2758.79 feet, a central angel of 07°10'42", a chord bearing of S. 70°12'13" E., a chord distance of 345.11 feet; THENCE N. 89°54'45" W., along the North line of lot 1, Farrar Park, a distance of 325.00 feet to the POINT OF BEGINNING. TRACT 2 METES AND BOUNDS DESCRIPTION for a tract located in Section 28, Block E-2, Lubbock, Lubbock County, Texas; BEGINNING at a point in the South right-of-way line of Loop 289, which bears S. 89°54'45" E. a distance of 1650.00 feet and North a distance of 1509.50 feet from the Southwest corner Section 28, Block E-2, lubbock, Lubbock County, Texas; THENCE Southeasterly around a curve to the right in the South right-of-way line of loop 289, said curve having a radius of 2758.79 feet, a central angle of 06°55'30", a chord bearing of South 77°15'19" E., a chord distance of 333.24 feet; - 2 - THENCE South a distance of 908.49 feet; THENCE North 89°54'45• W. a distance of 325.02 feet; THENCE North a distance of 981.50 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: TBACT 1 a. That the zoning be approved as C-2. TBACT 2 a. That the zoning be approved as A-2 limited to a church and church related uses. b. That a screen fence is required along the entire West prop- erty line (approximately 980 feet) and 310 feet on the South property line from the Southwest corner. c. That the church tract shall have no access to 62nd or 64th Streets. d. That the street pattern in the plat approved April 3, 1983 is modified in the following matter: 1) That 62nd Street shall remain a stub ending at the alley East of Elkhart Avenue; and 2) That 64th Street may be extended to the proposed Dover Avenue and shall not continue to Chicago Avenue. e. That prior to issuance of a construction permit, the Plan- ning and Zoning Commission shall review and approve a site plan, and notice shall be sent to the 200 foot notice area. 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. - 3 - ll ' i ! I 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 pub- lication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. I Passed by City Council 1991. on first reading this 25th on second reading this 9th day of __;;...,Ap._r_;;i_;;l __ _ Passed by City Council 1991. day of May _....::;._ ___ _ , c. ~· ~.Mc.{J;~ ~ 0 • anmng ~--...,_. L.. ~· c~ ___ _e.._ linda (. Chamales, Assistant City Attorney - 4 - R-774 THE STATE OF TEXAS ~~~~T~eOF Lu.pc¥R~~ Hen i' Y a Notary Public in and for Lubbock County, Texas on this day personally appeared T • J • Au f i I I ' A c co u n t Man 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 has been published continuously for more than fifty-two weeks pri- or to the first insertion of this _ __._l_,e-=i!,_,a,_,l'--'-n....,o"-t"""'i,._c=e -------------------- -------,----=-----=--=----''o. 822860 at Lubbock County, Texas and the attached print- ed copy of the I e i! a I no t i c e is a true copy of the original and was printed in the Lubbock Aval8£g%e-{,ogrn;!?>n ~e l?M~V:igf) dates: _ __,Au:P:...~.r_..i ...... I...._.1...,0.._,.__.1 ..... 9L..9L.Ik1 _____________ _ A elf~ unt Manai!e r LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FORM:i~ THE STATE OF TEXAS COUNTY OF LUBBOCK R-798 Befor~ me Ton)< a Henr)f a Notary Public in and for Lubbock County, Texas on this day personallyappeared T.J. Auftll, Account Menaecr 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 _ _.l ... e~~:..cl~l~--~'n'"o'-lll-lliHilr-l§~------------------­--------------1,0. 87 at Lubbock County, Texas and the attached print- ed copy of the I e I! II not 1 ce is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the followigg_dates:_ .... M,..e .. rr--1 ...... 1,.,--.~1,..,.9'-'~~9,....1~r-----------------267 WI .50 = 133.50 Account M e~er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi.;:)..s _ __,1,..,3-----' FORM58-10 TONYA H.ENRY Notary Public STATE OF TEXAS My Comm Expl 9 1994