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HomeMy WebLinkAboutOrdinance - 2005-O0019 - Amending Zoning Ordinance To Make Change: Zone Case No. 2189-B - 02/10/2005First Reading January 27, 2005 Item No. 40 ORDINANCE NO. 2005~0019 Second Reading February 10, 2005 Item No. 46 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2189-B; A ZONING CHANGE FROM C-2 TO A-1 ONING ON 1.78 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 9, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A ENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR UBLICA TION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly resented to the Planning and Zoning Commission for its recommendation which was eceived 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 proposed changes in zoning; and WHEREAS, all conditions precedent required by law for a valid amendment to he Zoning Ordinance and Map have been fully complied with, including giving notices ·n 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), land 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 1 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 lsupport of the proposal; and after said hearing, it was by the City Council determined that jt 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 10rdinance and this Ordinance having been introduced prior to first reading hereof; NOW rTHEREFORE: E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2189-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are ended as follows: A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from C-2 to A·l zoning district on 1.78 acres of unplatted land out of Block E, Section 9, City of Lubbock, Lubbock County, Texas, located north of 87th Street and east of University Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". II II SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT construction of the apartment units shall not exceed one story. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance 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 reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. 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 27th day of January , 2005. Passed by the City Council on second reading this 10111 day of February , 2005. Tom Martin, Mayor Pro Tern ATTEST: APPROVED AS TO CONTENT: ~s~ , Senior Planner APPROVED AS TO FORM: rr~--._.:.::.r( -~~~~~ --d __ Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCase/ZC2189-B January 6, 2005 Zone Case No. 2189-B page-2 of2 Exhibit "A" · ZONE CASE No. 2189-B Ordinance No. 2005-00019 METES end BOUNDS da8afplfon pi'~~Pt~ed far Zone Change ptiFpOI8S only on a 1.93 kze Tract out of Secriol19. Block e. ltlbb«:k Cotlnty. Texas further desa1bad • follows: Be9'ming at the Norl1eest comer of Tract A. Ruby Tequta's Unit tl 1 Addition to~ h'~ -~:. Lubbock, LubboCk Ccu1f¥, Texas • 1'8C01ded in Volume 8807. Page 305, l.utJbock Cot.l1ty Real Property~; THENCE Ealt 229 reetto the West h d., aley, lHEHCE South 361 feet to the canter of 87"' snet THENCE West 229 feet iHeNCE Nor1h arong the East 1ne of said Tract A. m feel to the Place or &egnq and containing 1.93 Acres~ any Right«-Way. Prep8nld for mne cttange purposes any. Ooea r10t represent. BWYey. ' ~ .. THE STATE OF TEXAS Cn"Y SECRETARY AlAI"'"£"• -.,.., COUNTY OF LUBBOCK lUR60CK, TEXAS ~,.~~~~~AMJ:~o~o•~'~G .,--~·-·~,..._ .. _ ~ ~P"'6iP1~eE~~g~.{lf· Before me I -MhM ~&::~ a Notary Public in and for Lubb LUBBocK MAKING t He 1is ~ \J:IIl FOLLOWING CHANGES· day personally appeare 'n ~\ & of the Sou f8~~N~ .. ~~ .. '~J~;€1-~?{~Ac_2 trs ---::1 TO A·l ZONING ON 1 11 Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who t~~Bro~~ ~~ .. a't£/(e~ •rn • • • SECTION' LU880Ct<f ' did depose and say that said newspaper has been published continuously for more than ~~~ft1~~~~1j.Cjl0~o0 to l~.a . PENALTY· PROV I lNG A the first insertion of this =o'.cl Nahu.. ~~¥,'~%~$~g~e',0l~& A No at Lubbock Coun~ f'UILicArloN. ted -----------' , 1 SECTION 2. THAT lflolollon printed copy of the U.aA l Ncmu. is a true copy of the original and w. ~~~-==..a a l t .,....,_ .. IIIII!~..., Avalanche-Journal on the following dates: ;1. \'11 23 u:a!" ~::c,~~*bol,., 4\,lq \NOYd.' q,-t f 11~ .+o =~,.~~ ~ ""'"''"' d~ r ~~=-llfltlecltyot I N~BUCinand~h~~ My Comm1ss1on Expires:L....Joi£=-~""'a!.l..~ .... '-"d!'2!2K."""""'=...~- Morris Communication Corporation FOAM 58-10