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HomeMy WebLinkAboutOrdinance - 9482-1991 - Amending Zoning Ordinance 7084 And The Official Map Of The City - 09/26/1991I! :I jj il First Reading September 26, 1991 Item #11 Second Reading October 10, 1991 Item iHO !! LLC:js ORDINANCE NO. 9482 il AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF !I THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2460-F; A !j ZONING CHANGE FROM GO TO C-2A SPECIFIC USE PERMIT FOR REDUCTION OF SETBACK ON '.78TH STREET ON A TRACT OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT :j TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING il FOR PUBLICATION. q ;i i WHEREAS, the proposed changes in zoning as hereinafter made have been 'i duly presented to the Planning and Zoning Conunission for its recommendation ·:which was received by the City Council and, after due consideration, the City , 1 1 Council finds that due to changed conditions, it would be expedient and in the I interest of the public health, safety and general welfare to make those pro- 1. posed changes in zoning; and li ' . WHEREAS, all conditions precedent required by 1 aw for a valid amendment if to the Zoning Ordinance and Map have been fully complied with, including giv- :i ing notices in compliance with Section 29-29 of the Code of Ordinances, City if of Lubbock, Texas, and the notices provided by the Texas Local Government Code 11 §211.007 (Vernon, 1990), and notice was duly published in the Lubbock ii Avalanche-Journal more than fifteen (15) days prior to the date of the public ii hearing before the C 1 ty Counc iJ on the proposed amendment, and the pub 1 i c 11 hearing according to said notice, was duly held in the City Council Chamber of 1! the Municipal Building, Lubbock, Texas, at which time persons appeared. in sup-· /1 port of the proposal; and, after said hearing, it was determined by the City • 11 1 Council that it would be in the public interest, due to changed conditions, j, that the Zoning Ordinance and the Zoning Map be amended in the manner here-· 1l inafter set forth in the body of this Ordinance and this Ordinance having been ·· introduced prior to first reading hereof; NOW THEREFORE: I li !1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ,. ii ZONE CASE NO. 2460-F :I 11 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are I! amended as follows: li J! d H !) I' .I I I !J II I A change of zoning from GO to C-2A Specific Use Permit, under provisions . of Section 29-24(c)(24) of the Code of Ordinances of the City of Lubbock for reduction of setback on 78th Street, on a tract out of Section 11, Block E-2, City of Lubbock, Lubbock County, Texas, located at the North- east corner of 78th Street and Quaker Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION of a 2.1 acre tract of land located in Section 11, Block E-2, Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears N. 00°02'46" E. approximately 1169 feet and N. 89°59'40" E. approximately 75 feet from the Southwest corner of Section 11, Block E-2, Lubbock, Lubbock County, Texas; THENCE N. 00°02'46" E. an approximate distance 422 feet; THENCE S. 89°58'5011 E. an approximate distance 210 feet; THENCE S. 00°02'46" W. an approximate distance 437 feet; THENCE S. 89°59'4011 W. an approximate distance 195 feet to a point of curvature; THENtE Northwesterly around a curve to the right, said curve having a radius of 15 feet, a central angle of 90°03'06 11 , and an approximate chord distance 21 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That a site plan, including building setbacks and building eleva- tions showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the is- suance of a Building Permit. SECTION 2. THAT the Codes Administrator of the City of Lubbock is au- thorized to issue a Specific Use Permit to the Applicant in said Zone Case in accordance with the conditions 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 GO zone district; and if such rever- sion 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 out of Section 11, Block E-2, 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 of the Zoning Ordi- nance 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 - SECTION 5. 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. Passed by City Council on first reading this 26th 1991. Passed by City Council on second reading this lOth 1991. day of September day of October /R l ~ .. A:T.Mcrd'~ ATTEST: APPROVED AS TO CONTENT: d:c.__Y c~~~ Linda [. Chamales, Assistant City Attorney - 3 - ' THE STATE OF TEXAS COUNTY OF LUBBOCK R 972 Before me To 118 y II e 1 1 rY a Notary Public in and for Lubbock County, Texas on this day personally appeared T. J , A y f 11 1 , A ' , ; 1.1 n t Man a ii! 1 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 ~LrliCHCii.-illl-lt----<NPI-Q-0 .t .... i~C.4:Gl:....--------------------­ ------------·-"'o. 60039~ at Lubbock County, Texas and the attached print- ed copy of the L ~It! a 1 u 0 t ice 1s a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates=--~O"c;.,t""oi-iiD~QHr::........1 .... 2'--'-' .......... 1.,.,.9:J:~.9:..~1.------------- 456 we .53 = $241.68 T.J. Atafill LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me this FORM 58·10 I ' THE STATE OF TEXAS COUNTY OF LUBBOCK R-9.15 ::::~::.; appeareJo n Y f • ~ ~n A~ f i I I ' A c calf.~\ry tfi~l~cJ~ pnd for Lubbo~~t~~~th~e~'::~n ~~~ 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_e_c:a_J_n_o_t_i_c_e ___________________ _ ------.,..-:~:-r--=-::::-:r~=--No. 8 2 30 86 at Lubbock County, Texas and the attached print· ed copy of the 1 e i! a 1 n ° t 1 c e · s a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates =---=S-=e:...:.P_t;:;..;•:...._:1=-1~' ....;::1:...:;.9....;.9..;:1:.__ ____________ _ 258 wa .53 = 136.74 Account Manas:!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FORM 5~-1 0