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HomeMy WebLinkAboutOrdinance - 2011-O0100 - Amending Zoning Ordinance 7084. Zone Case 3167 - 10/27/2011First Reading October 27, 2011 Item No. 6.2 ORDINANCE NO. 2011-00100 Second Reading November 3, 2011 Item No. 5.18 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3167; A ZONING CHANGE FROM R-1 TO C-3 WITH CONDITIONS ZONING DISTRICT ON 3.64 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 9, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 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 the Zoning Ordinance and Map have been fully compiled with, including giving notices in compliance with Section 40.01 .005 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), and notice was duly published in the Lubbock A valanche-Joumal 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 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 Ordinances 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. 3167 SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from R-1 to C-3 with conditions zoning district on 3.64 acres of unplatted land out of Block E, Section 9, City of Lubbock, Lubbock County, Texas located at 8301 University Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. Limited to the following C-3 uses and all unconditionally permitted uses in C-2. (a) Automotive car wash (b) Automotive glass shop (c) Cleaning, dyeing or dry cleaning shop (d) Department store, discount center, family center (e) Gasoline service station (f) Grocery store (g) Quick tune or quick oil change facility (h) Tire, battery or accessory store (i) Garden center (j) Rental store (no outside storage or display) SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/I 00 Dollars ($2,000.00) as provided in Section 40.01.006 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 on _____ 0_c_t_o_be_r_2....;_7_._,-=-20;;..;l;;..;;l;....._ __ _ Passed by the City Council on second reading on ____ N_o_ve_m_b_e_r_3 ,_2_0_1 _1 __ _ ATTEST: TOM MARTIN, MAYOR Zone Case No. 3167 page-2 o/3 II APPROV ED AS TO CONTENT: 1ad Weaver Assistant City Attorney vw/Ci1yA11/Chad/Zoncs/zc3 I 67 October 6, 2011 Zone Case No. 3167 page-3 of 3 l ..... =::.1:1 Exhibit "A" Ordinance No . 2011-00100 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS CIVIL ENGINEERS CONTRACT PURPOSES ONLY DESCRIPTION 1601 AVENUE N /LUBBOCK.TEXAS 79401 / 606-763-5642/ FAX 806-763-3691 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 Metes and bounds description for CONTRACT PURPOSES ONLY for an approximate 3.64 acre tract of land located in Section 9. Block E, Lubbock County, Texas, being further described as follows: Beginning at a point for the Northwest comer of this tract that bears South an approximate distance of 726 feel and East an approximate distance of 60 feet form the Northwest corner of Section 9, Block E, Lubbock County, Texas; Thence East an approximate distance of 432 feet; Thence South an approximate distance of 367.8 feet; Thence West an approximate distance of 432 feet; Thence North an approximate distance of 367.8 feet to the Place of Beginning. For CONTRACT PURPOSES ONLY -NOT SURVEYED UPON TIIE GROUND. Prepared September 7, 2011 for review only. By B. J. Gradel, Jr. RPLS #2781 State of Texas