HomeMy WebLinkAboutOrdinance - 9480-1991 - Amending Zoning Ordinance 7084 - 09/26/1991~ J,
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First Reading
September 26, 1991
Item #9
Second Reading
October 10, 1991
Item #8
ORDINANCE NO. 9480
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2675; A ZONING
CHANGE FROM R-1 TO C-4 ZONING ON VARIOUS TRACTS OUT OF SECTION 42, BLOCK A-K,
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 process and
change is inevitable; and
WHEREAS, the Lubbock Planning and Zoning Commission and City Council
recognize that the zone change on the parcels Northwest of 24th Street and Up-
land Avenue is a minor deviation from the 1986 Comprehensive Land Use Plan and
attempt to protect public and private committments 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. 2675
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby amended as follows, to-wit:
'
A change of zoning from R-1 to C-4 zoning district under provi-
sions of Section 29-29 of the Code of Ordinances of the City of
lubbock, on various tracts out of Section 42, Block AK, City of
lubbock, lubbock County, Texas, located at various locations along
the South side of 19th Street from Upland to Alcove Avenues and
Northwest of 24th Street and Upland Avenue, subject to conditions
and being further described as follows:
TRACT A
METES AND BOUNDS DESCRIPTION on a tract of land being out of the
Northeast One-fourth (NE/4) of Section 42, Block A-K, lubbock
County, Texas, and being further described as follows:
BEGINNING at a 3/4" pipe set a distance of 225.00 feet South and a
distance of 630.00 feet West of the Northeast corner of said Sec-
tion 42, for the Northeasterly corner of this tract;
THENCE South, a distance of 38.00 feet to a 3/4" pipe for the
Southeast corner of this tract;
THENCE West, a distance of 200.00 feet to a 3/4" pipe for the
Southwest corner of this tract;
THENCE North, a distance of 213.00 feet to a 3/4" pipe for the
Northwest corner of this tract;
THENCE East, a distance of 120.00 feet to a 3/4" pipe for the
Northeast corner of this tract;
THENCE South, a distance of 175.00 feet to a 3/4" pipe for a
point;
THENCE East, a distance of 80.00 feet to the POINT OF BEGINNING.
TRACT B
METES AND BOUNDS DESCRIPTION for a tract of land out of the North-
west One-fourth (NW/4) of Section 42, Block A-K, lubbock County,
Texas, being further described as follows:
BEGINNING at a found 3/8" iron rod in the center of North-South
road and the South right-of-way of Highway 116, a distance of 65.00 feet South of the Northwest corner of Section 42, Block A-K,
lubbock County, Texas;
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THENCE East along the South right-of-way line of Highway 116, a
distance of 225.00 feet to a found 1/2" iron pipe for a corner of
this tract;
THENCE South, a distance of 871.20 feet to a found 1/2" iron pipe
for a corner of this tract;
THENCE West, a distance of 225.00 feet to the center line of a
North-South paved road to a railroad spike set for a corner of
this tract;
THENCE North along the center line of said North-South paved road,
a distance of 871.20 feet to the POINT OF BEGINNING.
SAVE AND EXCEPT THE FOLLOWING DESCRIBED TRACT:
METES AND BOUNDS DESCRIPTION on a tract of land out of the North-
west One-fourth (NW/4) of Section 42, Block A-K, Lubbock County,
Texas, being further described as follows:
BEGINNING at a 1/2" galvanized rod with a 2" cap set in the South
right-of-way line of State Road 116 and the West line of Section
42, from whence railroad spike bears North, a distance of 65.00
feet found as the Northwest corner of Section 42, Lubbock County,
Texas;
THENCE S. 00°05'50" W. along the West line of Section 42 and said
4.5 acre tract, a distance of 160.00 feet to a 1/2" galvanized rod
with a 2" cap set for the Southwest corner of this tract;
THENCE East, a distance of 40.00 feet pass a 1/2" square iron rod
set in reference in the occupied right-of-way line, continuing for
a total distance of 200.00 feet to a 1/2" square iron set for the
Southeast corner of this tract;
THENCE N. 00°05'50•• E., a distance of 160.00 feet to a 1/2"
square iron rod set as the Northeast corner of this tract in the
South right-of-way line of State Road 116;
THENCE West along the South right-of-way line of State Road 116, a
distance of 160.00 feet pass a 1/2" square iron rod set in refer-
ence in the occupied right-of-way line, continuing for a total
distance of 200.00 feet to the POINT OF BEGINNING.
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TRACT C
METES AND BOUNDS DESCRIPTION on a tract of land out of the North-
west One-fourth (NE/4) of Section 42, Block A-K, Lubbock County, Texas, being further described as follows:
BEGINNING at a 3/4" pipe set a distance of 65.00 feet South and a
distance of 225.00 feet East of the Northwest corner of Section
42, Block A-K, for the Northwest and beginning corner of this survey;
THENCE East, a distance of 275.00 feet with the South right-of-way
line of Highway 116, set for a 3/411 pipe for the Northeast corner
of this survey;
THENCE South, a distance of 871.20 feet, parallel to the West line
of Section 42, set for a 3/4" pipe for the Southeast corner of this survey;
THENCE West, a distance of 275 feet, parallel to the North line of
this Section, set for a 3/4" pipe for the Southwest corner of this survey;
THENCE North, a distance of 871.20 feet, parallel to the East line of this survey to the POINT OF BEGINNING.
TRACT M
METES AND BOUNDS DESCRIPTION on a part of a 2.51 acre tract of
land out of the Northwest One-fourth (NW/4) of Section 42, Block
A-K, lubbock County, Texas, being further described as follows:
BEGINNING at a 3/4" iron pipe set a distance of 65.00 feet South
and a distance of 2690.00 feet West of the Northeast corner of
said Section 42, Block A-K, lubbock County, Texas;
THENCE South, a distance of 410.50 feet;
THENCE West, a distance of 200.00 feet;
THENCE North, a distance of 410.50 feet;
THENCE East along the South right-of-way line of Highway 290 to the POINT OF BEGINNING.
SAVE AND EXCEPT the South 15.00 feet of the above described tract
reserved as a right-of-way easement.
-4-
TRACT E
BEGINNING at a point a distance of 50.00 feet South and a distance
of 30.00 feet West of the Northeast corner of Section 42, Block
A-K, Lubbock County, Texas;
THENCE South, a distance of 544.50 feet to a 3/4" pipe set for the
Southeast corner of this tract;
THENCE West, a distance of 200.00 feet to a 3/4" pipe set at the
Southwest corner of this tract;
THENCE North, a distance of 543.74 feet to a 3/4" pipe for the
Northwest corner of this tract;
THENCE East, a distance of 200.00 feet to the POINT OF BEGINNING.
TRACT F
METES AND BOUNDS DESCRIPTION on a 2.49 acre tract of land out of
the Northeast One-fourth (NE/4) of Section 42, Block A-K, Lubbock
County, Texas, being further described as follows:
BEGINNING at a 3/4" iron pipe set a distance of 50.00 feet South
and a distance of 430.00 feet West of the Northeast corner of Sec-
tion 42, Block A-K for the Northeast corner of this tract;
THENCE South, a distance of 542.97 feet to a 3/4" iron pipe set
for the Southeast corner of this tract;
THENCE West, a distance of 200.00 feet to a 3/4" iron pipe set for
the Southwest corner of this tract;
THENCE North, a distance of 542.21 feet to a 3/4" iron pipe set
for the Northwest corner of this tract;
THENCE East, a distance of 200.00 feet to the POINT OF· BEGINNING.
TRACT 6
METES AND BOUNDS DESCRIPTION on a tract of land out of Section 42,
Block A-K, Lubbock County, Texas, being further described as fol-
lows:
- 5 -
BEGINNING at an iron rod set for the Northwest corner of this
tract and being in the Southerly right-of-way of State Highway
116, whence the Northwest corner of Section 42, Block A-K, bears
North, a distance of 65.00 feet and West, a distance of 500.00
feet;
THENCE East along the Southerly right-of-way of said State Highway
116, a distance of 70.00 feet to an iron rod set for the Northeast
corner of this tract;
THENCE South, a distance of 871.20 feet to an iron rod set for the
Southeast corner of this tract;
THENCE West, a distance of 70.00 feet to an iron rod set for the
Southwest corner of this tract;
THENCE North, a distance of 871.20 feet to the POINT OF BEGINNING.
The following Tracts H through S being further described on
Exhibit "A" attached hereto:
TRACT H
Abstract 1262, Block A-K, Section 42, Johnson Tracts, L 99-C-1,
containing approximately .3719 acres a/k/a Cl2042-91262-09400-000.
TRACT I
Abstract 1262, Block A-K, Section 42, Tracts 99-C & 100, contain-
ing approximately 7.5 acres a/k/a C12042-91262-09300-000.
TRACT \1
Abstract 1262, Block A-K, Section 42, Johnson Tracts, L 99-B, con-
taining approximately 2.09 acres a/k/a C12042-91262-09200-000.
TRACT K
Abstract 1262, Block A-K, Section 42, Killian Tracts, Tract 8,
containing approximately 2.130 acres a/k/a Cl2042-91262-00370-000.
- 6 -
II
'I I
TRACT L
Abstract 1262, Block A-K, Section 42, Killian Tracts, the West 100
feet of Tract 9, containing approximately 1.250 acres a/k/a
C12042-91262-00445-000.
TRACT D
Abstract 1262, Block A-K, Section 42, Killian Tracts, Tract 15,
containing approximately 1.95 acres a/k/a C12042-91262-00720-000.
TRACT N
Abstract 1263, Block A-K, Section 42, Killian Tracts, Tract 17,
containing approximately 2.12 acres a/k/a C12042-91262-00820-000.
TRACT 0
Abstract 1263, Block A-K, Section 42, Killian Tracts, Tract 18,
containing approximately 2.5000 acres a/k/a C12042-91262-00870-ooo.
TRACT P
Abstract 1262, Block A-K, Section 42, Killian Tracts, Tract 2,
containing approximately 2.4930 acres a/k/a C12042-91262-00070-000.
TRACT 0
Abstract 1262, Block A-K, Section 42, Killian Tracts, Tract 13,
containing approximately 2.510 acres a/k/a C12042-91262-00620-000.
TRACT R
Abstract 1262, Block A-K, Section 42, Killian Tracts, Tract 6-A,
containing approximately 1 acre a/k/a C12042-91262-00275-000.
-7-
IBACT S
Abstract 1262, Block A-K, Section 42, Killian Tracts, Tracts 6 &
7, containing approximately 4.029 acres a/k/a C12042-91262-00270-
000.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. The C-4 uses shall be limited to:
1. Uses unconditionally permitted in the C-4 zoning dis-
trict except:
a. Automobile Body Shops;
b. Billboards;
c. Commercial Private Clubs and Teenage Clubs;
d. Dancehall;
e. Feed Store;
f. Used Furniture Store;
g. Gameroom (except as an incidental use in a
restaurant), Pool, Billiard and/or Domino
Parlor;
h. Motorcycle Shop;
i. Second-hand Goods Store or Pawn Shop;
j. Used Car Lot; and
k. Nightclubs.
2. A site plan, 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.
3. Tract F shall be tied to the site plan 2675 as pre-sented to the Planning and Zoning.Commission on
September 5, 1991.
- 8 -
II
I
I l
I I SECTION 2. THAT violation of any provisions of this Ordinance shall
ibe deemed a misdemeanor punishable by a fine not to exceed One Thousand and
1[No/100 Dollars ($1,000.00) as provided in Section 29-31 of the Zoning Ordi-
nance of the City of Lubbock.
\ SECTION 3. THAT should any paragraph, sentence, clause, phrase or word
1lof this Ordinance be declared unconstitutional or invalid for any reason, the
.remainder of this Ordinance shall not be affected thereby.
1
, SECTION 4. THAT the City Secretary is hereby authorized to cause publi-
:1cation of the descriptive caption of this Ordinance as an alternative method
'provided by law.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 26th
1991. !Passed by City Council on second reading this lOth
11991.
APPROVED AS TO CONTENT:
_/.._~~~~
linda l. Chamales, Assistant City
Attorney
- 9 -
day of September
day of October
THE STATE OF TEXAS
COUNTY OF LUBBOCK
R 972
Before me T n n v l'l Hen r Y a Notary Public in and for Lubbock County, Texas on this day
personally appeared T. J , A u f 1 1 1 A c co u n t Man a e: 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 __.lo.!ieoJEJ!=...~aL.L-1 _NU.ll<.o~t-~~~iu.c~e..__ ___________________ _
_____________ .... ,o. 800392 at Lubbock County, Texas and the attached print-
ed copy of the LeI! a I No t ice is a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: __ -.w.o .... c_...t..wo~bu;e._,r____.1 ... 2~, __..1._.9~9:...o1..__ ___________ _
456 wa ,53 = $24X.68
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspaper Corporation
Subscribed and sworn to before me thi .... s -=1-=-4..::.t.:..:.h---'day of __ o;;;_c;;;..c;;.t..;;.,.o.;;;.b...:;e_;.r ______ l,9'---9-1 ___ _
FORl\\58-10
THE STATE OF TEXAS
COUNTY OF LUBBOCK
g#-3
R-915
Before me Tonre l-h2n rr a Notary Public in and for Lubbock County, Texas on this day
personally appeared T. J. Au fill , Account HenaE!'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 -t-1 ee-l!n-a+I-0An_-oo~t:-~LciiCrsr.8;:-::;6~------------------
___:::8::..:Z::..:::S==-=----Clat Lubbock County, Texas and the attached print-
ed copy of the II st a I not 1 c e is a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates =--t~6rte~P~thwr-i1iloi11o+-• -a1i¥9'lti9L111.--------------·---258 we .53 = 136.14
Account ManaE!'er
LUB~OCK AVALANCHE-JOURNAL
Southwestern Newspaper Corporation
FORJ\158-10
.,
THE STATE OF TEXAS
COUNTY OF LUBBOCK
R-915
Before me ~DnYf Hen ttY a Notary Public in and for Lubbock County, Texas on this day
personallyappeareo,J. Auf111' Account Manal:!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 __ ..._l .. e..liie;..,.e._.IL......Jn ....... o_.t....,l...,c...,e...._ ___________________ _
--------:-----::,....----,:-:--___. .. o. 823086 at Lubbock County, Texas and the attached print-
ed copy of the I e I! a I not 1 ce is a true copy of the original and was printed in the I,..ubbock
Avalanche-Journal on the following dates : __ _..Suoi...-D"'"'t..., • ..__1-1 .... •-1 .... 9,_9,....1--------------'---
258 ve .53 c 136.74
Account Mana~ter·
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspaper Corporation
Subscribed and sworn to before me this, _ _.1_1 ___ day of_...:.._:ll<.ll'-'""1
FORM 58·10
Z.oNE CASE...
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