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HomeMy WebLinkAboutOrdinance - 9153-1987 - Amending Zoning Ordinance 7084. Zone Case 2255-B - 12/10/1987BLL:js First Reading December 10, 1987 Item #9 Second Reading December J7, 1987 Item #9 ORDINANCE NO. 9153 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-B; A ZONING CHANGE FROM C-3 AND C-4 TO C-4 ZONING ON A TRACT OUT OF SECTION 36, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PRO- VIDING 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 finds 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 amend- ment to the Zoning Ordinance and Map have been fully complied with, as well as giving notices in compliance with Section 29-29 of the Code of Ordi- nances, City of Lubbock, Texas, as well as notices provided by Section 211.007(c), Texas Local Government Code, 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 duly 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. 2255-B 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 C-3 and C-4 to C-4 zoning district, under pro- visions of Section 29-29 of the Code of Ordinances of the City of Lubbock, on a tract out of Section 36, Block A-K, City of Lubbock, Lubbock County, Texas, located at Spur 327 and Homestead Avenue, sub- ject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION of a tract located in Section 36, Block A-K, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears West approximately 1650.00 feet and North approximately 240.00 feet from the Southeast corner of Section 36, Block A-K, Lubbock County, Texas; THENCE North an approximate distance of 602.00 feet; THENCE East an approximate distance of 670.00 feet; THENCE North an approximate distance of 65.00 feet; THENCE East an approximate distance of 628.75 feet; THENCE S. 21° W. an approximate distance of 175.00 feet; THENCE S. 16° E. an approximate distance of 350.00 feet; THENCE West an approximate distance of 270.00 feet; THENCE S. 45° W. an approximate distance of 250.00 feet; THENCE South an approximate distance of 10.00 feet; THENCE West an approximate distance of 955.00 feet to the POINT OF BE- GINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the zoning district shall be C-4 limited to the following uses: (1) Automobile body shops, outside storage limited to customer vehicles only. (2) Automobile brake shop. (3) Automobile glass shop. (4) Automobile seat cover and upholstery shop. (5) Automobile transmission shop; (6) Automobile and recreational vehicle sales and service (may include body and paint shop, as accessory use). (7) Barber and beauty shop supply dealer. (8) Boat and boat trailer sales and service. -2 - (9) Builders supply. All materials must be in building. (10) Cafe supply dealer, fixtures. (11) Canvas goods shop, tents and awnings {no manufacturing). (12) Dairy supply dealer. (13) Electrical equipment repairs. (14) Frozen food lockers. (15) Garage, public, repair. (Outside storage of customer automobiles authorized.) All work and separate parts shall be inside a building. (16) Garden center. (17) Gasoline service station. (Business permitted outside of building and outside displays of products permitted within three (3) feet of the building). (18) Golf driving range. (Business permitted outside of building). (19) Greenhouse and plant nursery. (20} Hotel or motel. (21) Hot tamale plant. (22) Janitorial or cleaning service. (23) Job printing and lithographing. (24) Laboratory, chemical, general analysis. (25) Laundry, commercial. (26) Linen and towel supply service. (27) Lumber yard, with no mill. All materials must be in a building. (28) Magazine agency. (29) Motorcycle shop, including sales, rentals and service. - 3 - (30) Muffler shop. (31) Nonprofit training centers with retail sales. (32) Pest control service. (33) Print shop. (34) Produce market. (35) Public kennel (totally within a building). (36) Rental store. (37) Restaurants. (Business permitted outside of building). (38) Restaurants, with the sale of alcoholic beverages as in incidental use, except that no mixed alcoholic beverage sales shall be made or delivered to occupants in motor vehicles. (39) Sign shops, limited to window lettering, painted wall signs, banners and desk signs. (40) Store fixtures sales (no manufacturing permitted). (41) Trailer and truck sales, rental or service. (42) Trailer and truck rental utility. (43) Upholstery shop--Furniture. (44) Veterinary hospital (totally within a building). (45) Wholesale house, sales office and storage--No cotton storage. (46) All unconditionally permitted C-3 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 of the Zoning Ordi- nance 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 rea- son, the remainder of this Ordinance shall not be affected thereby. - 4 - 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. Passed by City Council on first reading this 10th day of December 1987. Passed by City Council on second reading this 17th day of December 1987. B::C. McMINN, MAYOR ATTEST: APPROVED AS TO FORM: Be~4iiant~ Attorney - 5 - THE STATE OF TEXAS COUNTY OF LUBBOCK n-oo Before me France& Hernandez a Notary Public in and for Lubbock County. Texas on this day personally appeared Twi I a ti uf 11 I , Ac count Mr:.nat!e r of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening 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 prior to the first insertion of this L.Q z.te I Not 1 c:e ______________ No. 825499 at Lubbock County. Texas and the attached print- ed copy of the Leta I Not 1 ce is a true copy of the original and was printed in the Lubbock Avalanche-.Journalonthefollowingdates: December l9• 26• 1981 421 Words@.es = $370.48 Accaun~ LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation FORM58-10