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HomeMy WebLinkAboutOrdinance - 2003-O0113 - Amending Zoning Ordinance: Case 2982; 8701 W. 19Th Street - 10/23/2003first. Reading Oct.ober 23, 2003 It.em No. 39 ORDINANCE NO. 2003-00113 Second Reading November 6, 2003 It.em No. 17 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2982; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON 0.397 ACRES OF UNPLATTED LAND OUT OF SECTION 6, BLOCK D-6, 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 §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 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. 2982 SECTION I. 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 to C-4 zoning district on 0.397 acres of unplatted land out of Section 6, Block D~6, City of Lubbock, Lubbock County, Texas, located at 8701 W. 19th Street, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION of 0.397 acres of unplatted land out of Section 6, Block D-6, Lubbock County, Texas, being further described as follows: BEGINNING at a 3/8" iron rod set for the Northeast and beginning corner of this tract, whence the Northeast corner of Section 6, Block D-6 bears North, 65.0 feet and East, 40.0 feet; THENCE West, along the South R.O.W. Line of State Highway 114, a distance of 154.0 feet to a 3/8" iron rod found for the Northwest corner of this tract; THENCE South a distance of 116.0 feet to a 3/8" iron rod set for the Southwest corner of this tract; THENCE East a distance of 131.0 feet to a 3/8" iron rod set for a corner of this tract; THENCE North 62° 14' 29" East a distance of21.47 feet to a 3/8" iron rod set in the West R.O.W. Line of F.M. Road 179 for the Southeast corner of this tract; THENCE North, along the West R.O.W. Line of F.M. Road 179, a distance of 106.0 feet to the place of beginning. Containing 0.397 acres. SUBJECT TO THE FOLLOWING CONDITION: 1. THAT the following C-4 uses shall not be permitted: • Automobile body shops • Billboards • Commercial private and teenage clubs • Dancehall • Feed store • Used furniture store • Game room ( except as an incidental use) • Motorcycle shop • Second-hand goods store or pawn shop • Nightclub SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine 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. Zone Case No. 2982 page -2 o/3 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 23rd day of __ o_c_t_ob_e_r __ , 2003. ATTEST: APPROVED AS TO CONTENT: Randy Henson, APPROVED AS TO FORM: ~/4 ~c~~ Linda L. Chamales, Supervising Attorney Office Practice Section ke/ ccdocs/ZC2982 October 13, 2003 Zone Case No. 2982 page -3 of 3