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HomeMy WebLinkAboutOrdinance - 8423-1983 - Amnd Zoningord. #7084 And Lubbock Map For Changes: Zone Case #2212-A - 04/14/1983SMH/mck ORDINANCE NO. 8423 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. 2212-A; A SPECIFIC USE ZONE CHANGE FROM R-1 TO R-1 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-10 OF THE ZONING ORDINANCE, FOR A PLANT NURSERY ON A TRACT OF LAND OUT OF SECTION 5, BLOCK E TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROV_IDED 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 change 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 1011£, 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, a,fter 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. 2212-A S~CTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: A Specific Use Zone Change from R-1 to R-1 Specific Use Permit under piovisions of Section 22.3-10 of the Zoning Ordinance, for a plant nursery on a tract of land out of Section 5, Block E to the City of Lubbock, Lubbock County, Texas, located east of Avenue P and about 700 feet south of Loop 289, subject to conditions and being further described by metes and bounds as follows: METES AND BOUNDS DESCRIPTION of the West 10.00 acres of the North 41.00 acres of the North half of the Southwest Quarter of Section 5, Block E, G.C. & S.F. R.R. Co. Survey, Lubbock County, Texas, being further describe as follows: BEGINNING at the Northwest corner of the Southwest Quarter of Section 5, Block E, Lubbock County, Texas; • THENCE East an approximate distance of 643.9 feet; THENCE South an approximate distance of 676.5 feet; THENCE West an approximate distance of 643.9 feet; THENCE North an approximate distance of 676.5 feet to the Point of Beginning. SUBJECT TO THE FOLLOWING CONDITION: a. That no retail sales be allowed. 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 automatic- ally revert back to the R-1 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 22.3-10 of Zoning Ordinance No. 7084 on the property respectively described as a tract of land out of Section 5, Block E to the 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 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 City Council on first reading thi Passed by City Council on second reading:.c;:..::::~::.--:_.:_.;..!::.:.:+--) ATTEST: APPROVED AS TO CONTENT: Northcutt, Administrato and Environmental Control APPROVED AS TO FORM: Susan M. Horton, Assistant City Attorney +-,:~:..=---' 1983. f=-,.:J~F--' 1983. SMH/mck ORDINANCE NO. 8423 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. 2212-A; A SPECIFIC USE ZONE CHANGE FROM R-1 TO C-4 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-10 OF THE ZONING ORDINANCE, FOR A RETAIL NURSERY ON A TRACT OF LAND OUT OF SECTION 5, BLOCK E TO THE 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 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. 2212-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: A Specific Use Zone Change from R-1 to C-4 Specific Use Permit under provisions of Section 22.3-10 of the Zoning Ordinance, for a retail nurser on a tract of land out of Section 5, Block E to the City of Lubbock, Lubbock County, Texas, located east of Avenue P and about 700 feet south of Loop 289, being further described by metes and bounds as follows: METES AND BOUNDS DESCRIPTION of the West 10.00 acres of the North 41.00 acres of the North half of the Southwest Quarter of Section 5, Block E, G.C. & S.F. R.R. Co. Survey, Lubbock County, Texas, being further describe as follows: BEGINNING at the Northwest corner of the Southwest Quarter of Section 5, Block E, Lubbock County, Texas; THENCE East an approximate distance of 643.9 feet; t THENCE South an approximate distance of 676.5 feet; THENCE West an approximate distance of 643.9 feet; THENCE North an approximate distance of 676.5 feet to the Point of Beginning. 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 automatic- ally revert back to the R-1 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 22.3-10 of Zoning Ordinance No. 7084 on the property respectively described as a tract of land out of Section 5, Block E to the 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 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. rrel Northcutt, Administrator ning and Environmental Control rer Susan M. Horton Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK Before me nnnnf e t:ct:tl a Notarv Public in and for Lubbock .;ountv, Texas on this dav personally appeared T,d I I l,tft 11' l.rrlU!flt M1tnW1tC1r of the S~uthwestern 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 newsl}aper has been published continuouslv for more than fifty-two weeks prior to the first insertion of this J..ffet 9htt l.ee-102. vord•CJ&OI ••r ._.i'1rr?-t'1:?D.QI No. c;(>!t45 at Lubbock County. Texas and the attached print- ed copy of the UetlCI is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates: ArrSI tf: t f!t ttl!, -"" LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed ang sworn to before me this 2:fi..t1l day of A!:ri I ',. . 19Ji)@mBWtrm ~ APR281983 WJ CITY SECRETARY , .......... , , . .. . .. . ... M . .r::J\01N~~~N::i~NIN~ ANO(L0$1NC.APRIVA'tE uru •• in' EA$EMEN't . JOCATEO UPON ANO ACROSS RAC't t, I.OWt;RY SU901Vl$10 OF SEC· . TlON 6, Bto0c fi.-'t te&OCK. COUNTY, . TEXAS. AN MOit£ PA!TtCUI.ARLY .. DI; RIHO HE,.EINAJCTEl:t IN fH1$ OROI• N,UICE; .OIRECTING 1HI£ CITY ENGtNEU TO MARK THE OF• FICIAL #MP$ 011 THe.c1TY TO JlEFLECT .·. SAID AIUNOONING AND ¢1..0SING; ANO PltOVII). : INGFORPUBLICATION: . .-. tlW:da ·. ORDINANCE N0.'31111) , AN ORDINANCE ABAl'IDONING AND CLOSING POltflOHS OF two ltREll:TS ANO TWO AL• LEY$ IN BLOCK\._-'. C.N. HODGES ADDITION· YO 1'tlE CITY OF ~ UOCK, LU6tiOC:K COUN'l'Y, ; · AAS,· A!,10 ·MORE PAR't!CU· · Rt."I" li>UCAIIED tN THt • 800YCF 'fMIIOROINANCE; 01, i lECTING TtlE CITY ENGINEER , TO MARK '.\'M! OFll'ICIAL MAP (IF THE ClfY TO REFLECT SAU:> ABANDONING AND CLOSING: , PROVlOING A SA.VIN()$ ' C1,.AU$.Ei ~0 PROVIDING FOIII P\nl.lCA~. .