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HomeMy WebLinkAboutOrdinance - 8287-1982 - Amend. Zone Ord. #7084 And Lubbock Map Changes: Zone Case #1999-E - 01/28/1982l' ! SMH.:da ORDINANCE NO. 8287 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1999-E; SPECIFIC USE ZONE CHANGE, FROM C-3 TO C-4 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE, FOR RETAIL SAILBOAT OUTLET ON PART OF LOT 1-B, WESTMORELAND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; 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 finds that due to changed conditions, it would be expedient and in the interest of the public health, morals, 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, as well as giving notices in compliance with Section 26 of Ordinance No. 7084, as well as notices provided by Article lOllf, Vernon's Annotated Civil Statutes, amended in 1961, and notice was duly published in the Lubbock Morning 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 Room on the second floor of the City Hall, 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 hereinaf-ter 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. 1999-E SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map Be and the same are hereby amended as follows, to-wit: Specific Use Zone Change, from C-3 to C-4 Specific Use Permit under provisions of Section 22.3-23 of the Zoning Ordinance, for retail sailboat outlet on part of Lot 1-B, Westmoreland Addition, City of Lubbock, Lubbock County, Texas. (Located at 5505 Brownfield Road) Tract 3-A Beginning at a point which bears North 53 degrees 39 seconds East 245.14 ft. from the Southwest corner of sa:Ld Lot 1-B same beginning the Southeast corner of Lot 1-C Westmoreland Addition. And being in .the Northerly line of a previously dedicated alley. Thence North 30 degrees 22seconds and 36 minutes West a distance of 232.95 ft. to a point in the Southerly line of Brownfield Road. Thence Northeasterly along the Southerly line of Brownfield Road along a curve to the right. Said curve having a radius of 563.65 ft. a chord bearing of North 49 degrees 51 seconds East for a chord .. ~' .. distance of 140.06 ft. Thence South 20 degrees 04 minutes East a distance of 287.15 ft. to a point in the Northerly line of a pre- viously dedicated alley. Thence South 76 degrees 12 minutes West along the Northerly line of said alley a distance of 90.40 ft. to the place of beginning. Municipally known as 5505 Brownfield Highway. SECTION 2. THAT the Director of Planning of the City of Lubbock is authorized to issue a Specific Use Permit to the Applicant in said Zone Case in accordance with the recommendations and conditions imposed by the Planning and Zoning Commission, on file with the office of the Director of Planning and the City Council which are hereby adopted and incorporated herein by reference for all purposes, 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, an Ordinance of the City of Lubbock, including particularly, but not limited to Section 22 of Zoning Ordinance No. 7084, 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 C-3 zoning district; and the Director of Planning in such event is directed to remove from the Zoning Map the legend indicating such limited use. The Specific Use authorized by this Ordinance is permitted under provision of Section 22.3-23 of Zoning Ordinance No. 7084 on the property respectively described in the preceding section. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-5 of the City Code. 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. 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 28th day of Januakf , 1982. Passed by the City Council on second reading this 11th day of Feb~ary , 1982. ~~MTEM Susan M. Horton, ,Assistant City ,Attorney