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HomeMy WebLinkAboutOrdinance - 2007-O0079 - Amending To Make Change: Zone Case 2411-E; From GO To C-2A On 2.95 Acres - 07/26/2007i First Reading July 26,. 2007 Itea Ho. 6.3 ORDINANCE NO. 2007-o0079 Second hading August 9. 2007 Itea Ho. 5.3 I AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE I OFFICW., MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2411-E; A ZONING CHANGE FROM GO TO C-2A ZONING ON 2.95 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 11, 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 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), 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 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. 2411-E SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from GO to C-2A zoning district on 2.95 acres of unplatted land out of Block E-2, Section 11 Lubbock, Lubbock County, Texas, located at 4300 Block of 78th Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the parcel be C-2A limited to use as a physical therapy and fitness center and all GO uses. 2. That the exterior of the entire structure shall be brick. 3. That the applicant shall match the screening fence currently on a portion of the south boundary for the balance of the south boundary of this development (a brick pier with wooden insert screening fence). 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/1 00 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 26th day of July , 2007. Passed by the City Council on second reading this 9th day of August , 2007. I ATTEST: Zone Case No. 24ll-E page-2 of3 APPROVED AS TO FORM: C.-v,L c:::><~L~ Linda L. Chamales, Senior Attorney Office Practice vw/CCDOCS/CITYATI/LINDA/zc241 1-E Zone Case No. 2411-E page-3 of3 ENGINEERING SURVEYING 2737 81ST STREET lUBBOCK. TEXAS 79423 . .. ...... ... ......................... .. (806)-745-7670 Exhibit A Ordinance'No. 2007-o0079 "'Colml on il'' FIELD NOTES on a 2.49 acre tract out of Section 11, Block E-2. Lubbock County, Texas, being further described by metes and. bounds as follows: BEGINNING at a found rod With yellow cap for the Northeast comer of Lot 15, King's Gate North Addition as shown by the Map. Plat, and/or Dedication Deed thereof recorded rn Volume 9198, Page 179, Lubbock-County Official Public Records for the Northwest comer of this tract; . THENCE sss•15'54• E,(T exas North Central Zone Bearing Basis} along the South line of 78th Street, 513.28 feet to set 112" rod with cap marked RPLS 4460 for the Northeast comer of this tract;. THENCE S01"48'58"W, 211.61 feet to set 1/Z' rod with cap in the North line of lot 11, King's Gate North Addition for the Southeast comer of this tract; · . . ' . THENCE N88"15.51" W, along the North line of Lots 11, 1o.A. 10-B and 10-C, King's Gate North Addition, 513.28 feet to set 112" rod with cap for the Northwest comer of said Lot 10.C and the Southwest comer of this tract; THENCE N01 o 48'58" E, along the .East Une ·of Lot 15, King•s Gate North, 211.61 feet to the PlACE of BEGINNING and containing 2.49 Acres, Including any Right of Way. These Notes are based on a Survey Made on the ground • . Jon Cieszinskl, RPLS # 4460 July.18, 2007 · • 1 ~ . ' .. .. .. . . . ' . i