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HomeMy WebLinkAboutOrdinance - 2003-O0052 - Amending Zoning Ordinance To Make Changes: Zone Case 2719-D - 05/22/2003First Reading May 22, 2003 Item No. 43 ORDINANCE NO. 2003-00052 Second Reading June 12, 2003 Item No. 23 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2719-D; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON AN UNPLATTED 0.69 ACRE TRACT OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE M'TI 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. 2719-D 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 C-2 to C-3 zoning district on an unplatted 0.69 acre tract of land out of Section 4, Block E, City of Lubbock, Lubbock County, Texas, located at the northwest corner of 82nd Street and Waco Ave., subject to conditions, and being further described as follows: METES AND BOUNDS DESCRJPTION for a 0.694 acre tract out of Section 4, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at a found½" rod at the Southwest comer of this tract and also the Southeast comer of Tract B, Oak Park Addition as recorded in Volume 6894, Page 35, Lubbock County Real Property Records, from whence the Southwest comer of Section 4, Block E bears West 947 feet and South 55 feet; THENCE North along the East line of said Tract B, 198 feet to a found ½" rod for the Northwest comer of this tract; THENCE East along the South line of an alley, 153 feet to a found ½" rod in the West line of Waco Avenue for the Northeast comer of this tract; THENCE South along the West line of Waco Avenue, 183 feet to a point of curvature from whence a found 5/8" rod bears South 15 feet; THENCE Southwesterly around a curve to the right, having a radius of 15 feet, a central angle of 90°, tangents of 15 feet and a chord of 21.21 feet to a point of tangency in the North line of 82nd Street. THENCE West along the North line of 82nd Street, 138 feet to the PLACE OF BEGINNING and containing 0.694 acres including any Right of Way. SUBJECT TO THE FOLLOWING CONDITION: a. Tied to the proposed site plan and construction materials illustrated in the company brochure. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and Noll 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 second reading this 12th Zone Case No. 2719-D page-2 o/2 ·, ATTEST: f£~4 .<a,~ Relx(caGarza, City Secretary Randy Henson, APPROVED AS TO FORM: ' ~.? .~ c_~<-e,;;Y C ~&i<~ __ £__·--· Linda L. Chamales, Supervising Attorney Office Practice sh/CCDOC/ZC27J 9-D May 7, 2003 Zone Case No. 2719-D page-3 of 2