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HomeMy WebLinkAboutOrdinance - 2007-O0041 - Amending Zoning Ordinance 7084. Zone Case 3079 - 04/26/2007I First Reading April 26, 2007 Item Bo. 6.5 ORDINANCE NO. 2007-oo041 Second Reading May 11. 2007 Item No. 5.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3079; A ZONING CHANGE FROM R-1 AND T TO C-3 ZONING ON 1.401 ACRES OF UPLATTED LAND OUT OF SECTION 17, BLOCK E2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; 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 complied 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 §2 11.007 (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 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. 3079 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 R-1 and T to C-3 zoning district on 1.401 acres of unplatted land out of Section 17, Block E2, City of Lubbock, Lubbock County, Texas, located at 9802 Quaker Avenue, 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 shall be limited to one curb return on Quaker. Should the need for two curb cuts occur, the applicant shall present a site plan for approval by the Planning and Zoning Commission. 2. THAT the following uses shall not be permitted uses on the parcel: • a car wash • a tire, battery and accessory store SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fme 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 26th day of April Passed by the City Council on second reading this 11th day of May ATTEST: ~~~~ Re ecca Garza, City Secretary Zone Case No. 3079 page-2 of 3 '2007. '2007. II APPROVED AS TO CONTENT: of Planning APPROVED AS TO FORM: ~~~-=-- Linda L. Chamales Senior Attorney Office Practice mVcityatt/Linda/ZoneCase/ZC3079 April 16, 2007 Zone Case No. 3079 page-3of3 EXHffiiT A ZC3079 Ordinance No. 2007-oD041 METES AND BOUNDS DESCRIPTION for the plat limits of Tract "A", Gill Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West line of Section 17, Block E-2, Lubbock County, Texas, for the Northwest comer of this tract which bearsS. 00°14' 17" E. an approximate distance of 517.33 feet from the Northwest comer of Section 17, Block E-2, Lubbock County, Texas; THENCE S. 89°59'17" E., an approximate distance of211.50 feet to a point of intersection in the West right-of-way line of Quaker Avenue, for the Northeast comer of this tract; THENCE Southwesterly, along the West right-of-way line of said Quaker Avenue, along a curve to the right, said curve having an approximate radius of945.00 feet, an approximate central angle of25°02'34", approximate tangent lengths of209.87 feet, an approximate chord distance of 409.76 feet, and a chord bearing ofS. 21°33'52" W. to a point of reverse curvature, for a comer of this tract; THENCE Southwesterly, continuing along the West right-of-way line of said Quaker A venue, along a curve to the left, said curve having an approximate radius of 65 5. 00 feet, an approximate central angel of 1 0°40' 55", approximate tangent lengths of 61.24 feet, an approximate chord distance of 121.94 feet, and a chord bearing of S. 28°51 '4 7" W. to a point of intersection in the West line of said Section 17, Block E-2, for the Southwest comer of this tract; THENCE N. 00°14' 17" W., along the West line of said Section 17, Block E-2, an approximate distance of 487.92 feet to the Point of Beginning. 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