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HomeMy WebLinkAboutOrdinance - 7476-1977 - Annulling Ordinance No. 2008 And Subsittuing The Present Ordinance; Case; 1969-A - 06/23/1977LGB:bsb ORDINANCE NO. 7476 AN ORDINANCE ANNlJLLING ORDINANCE NO. 7008 OF THE CITY OF LUBBOCK AND SUBSTITUTING THE PRESENT ORDINANCE THEREFOR WHICH AMENDS ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1969-A; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E-2, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; "PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, The City Council finds that the metes and bounds description in Ordinance No. 7008 of the City of Lubbock does not close and cannot adequately describe the intended parcel of land which was to be zoned, said Ordinance No. 7008 was never of any force or effect and could not serve to change the zoning from its original R-1 status. WHEREAS, inasmuch as this defect was discovered in the process of amend~ the zoning and conditions of Ordinance No. 7008, rather than to rely on a void ordinance, the City Council finds it to be in the best interest of the public to correctly describe the intended parcel of land and hold new zone case hear- ings therefor. WHEREAS, the intended use of the land has since changed, the new zone case hearings would be for the presently intended use rather than the use as it existed at the time of the passage of Ordinance No. 7008. WHEREAS, metes and bounds description has been corrected and the proposed change in zoning district as hereinafter made has 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 making the proposed change as hereinafter set out will be in the public inter- est; and, WHEREAS, all conditions precedent required by law for a valid amend·iil.ent to the Zoning Ordinance and Hap have been fully complied with, as tvell 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, 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: SECTION 1. THAT since Ordinace No. 7008 of the City of Lubbock is defectively void and has been since itG passage, it in declared to BE and is hereby annulled. LGB:bsb SECTION 2. THAT Ordinance No. 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: ZONE CASE NO. 1969-A Change a tract of land out of Section 9, Block E-2, Lubbock County, Texas, from R-1 to A-1 zoning district. This property is further described by metes and bounds as follows: BEGINNING at the Southeast corner of Lot 31, Nor-Don Addition to the City of Lubbock, Lubbock County, Texas, said corner bears South a distance of 980.0 feet and West a distance of 1350.0 feet from the Northeast corner of said Section 9, Block E-2, Lubbock County, Texas; THENCE South along the West right-of-way line of Salem Avenue a distance of 315.0 feet to a point in the North line of 54th Street; THENCE West along the North right-of-way line of said 54th Street a distance of 655.0 feet; THENCE North 5.0 feet past the Southeast corner of Tract A, Villa Sonora Addition, continuing along the East line of said Tract A for a total distance of 315.0 feet to the Southwest corner of said Lot 31, Nor-Don Addition; THENCE East along the South line of said Lot 31, Nor-Don Addition a distance of 655.0 feet to the PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That development be limited to 100 units. 2. That a screening fence architecturally compatible with the apartment development (at least part masonry or brick) shall be constructed along Salem Avenue. 3. That the fence will be setback at least 20 feet from the East property line with one break allowed for a curb cut and drive on Salem Avenue. 4. That the only sign allowed along Salem Avenue shall be an architecturally compatible identification sign attached to the building. 5. That the minimum building setback fror.1 Salem Avenue shall be 80 feet. 6. That landscaping on the East and South side be predominately of upright materials, i.e., trees or shrubs. SECTION 3. THAT from and after passage and effective date of this Ordinance said lots, tracts and parcels of land described in Section 1 hereof shall be changed to the zoning district indicated and the Official l1ap is amended in accordance herewith. . LGB:bsb SECTION 4. THAT any person, firm or corporation own~ng or operating the subject property failing to comply with the conditions imposed by Section 1 hereof shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine not to exceed TWO HUNDRED DOLLARS and each and every day's violation thereof shall constitute a separate and distinct offense. The failure of any corporation owning or operating the subject property to comply with any of the conditions imposed by Section 1 hereof shall render the President, Vice-President, General Manager, Local Manager and Local Agent liable to the penalty prescribed in this section. SECTION 5. THAT should any section, 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 6. THAT the City Secretary is hereby authorized to cause publi- cation of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the Council on first reading this_ll_day of~J~u~n~e~------------' 1977 Passed by the Council on second reading thisl4 day of July , 1977 APPROVED AS TO FORM: ~e~~~~- Jerr Northcutt, Administrator Zoni g and Environmental Control