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HomeMy WebLinkAboutOrdinance - 2003-O0131 - Amending Zoning Ordinance: Case 2255-M; Spur 327 ; Vehicle Sales And Service - 12/08/2003First Reading December 8, 2003 Item Bo. 30 ORDINANCE NO. 2003-00131 Second Reading December 18, 2003 Item No. 33 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-M; A ZONING CHANGE FROM GO TO C-4 ZONING LIMITED TO VEHICLE SALES AND SERVICE AND ALL PERMITTED GO USES ON LOT 9, SPUR 327 BUSINESS PARK ADDITION AND AN UNPLATTED ONE ACRE PARCEL OUT OF SECTION 36, BLOCK AK, 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 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. 2255-M SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: 1. 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-4 limited to vehicle sales and service and all permitted Garden Office uses on Lot 9, Spur 327 Business Park Addition, and an unplatted one acre parcel out of Section 36, Block AK, City of Lubbock, Lubbock County, Texas, located at 5802 63rd Street and 6204 Frankford Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION for the unplatted one acre parcel: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the permitted use is limited to vehicle sales and service and all permitted Garden Office uses. 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. 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 8th day of December , 2003. ATTEST: ~. ~---RebeccaGarza, City Secretary ~ :zone Case No. 2255-M Page 2 of 4 UGAL, MAYOR APPROVED AS TO CONTENT: Randy Henson, APPROVED AS TO FORM: c:::Y /C ~ c~~~ Linda L. Chamales. Supervising Attorney Office Practice Section ke/ ccdocs/ZC2255-M.ord November 21 2003 Zone Case No. 2255-M Page 3 of 4 Exhibit "A" To Zone Case No. 2255-M Ordinance No. 2003-00131 METES AND BOUNDS DESCRIPTION of an approximate 1.0 acre tract of land located in Section 36, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the West right-of-way line of Frankford Avenue for the original Northeast corner of Lot 9, Spur 327 Business Park an addition to the City of Lubbock, Lubbock County, Texas; THENCE West, along the north line of said Lot 9, an approximate distance of 120 feet to a point for the Northwest corner of said Lot 9; THENCE S. 00°00'30" W., along the West line of said Lot 9, an approximate distance of 137 feet to a point in the North right-of-way line of 63rd Street for the Southwest corner of said Lot 9; THENCE Southwesterly along said North right-of-way line around a curve to the left, said curve having a radius of 573.53 feet and an approximate chord distance of 123 feet to a point; THENCE North an approximate distance of 110 feet to a point for the most Southerly Southeast corner of Tract B, Spur 327 Autoplex, an addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 21 ° E., along the East line of said Tract B, an approximate distance of 204 feet to a point for the Southwest comer of Lot 1 Spur 327 Autoplex, an addition to the City of Lubbock, Lubbock County, Texas; THENCE S. 89°59'30" E., along the South line of said Lot 1, an approximate distance of 168 feet to a point in the West right-of-way line of Frankford Avenue for the Southeast comer of said Lot 1; THENCE S. 00°00'30" W., along said West right-of-way line, an approximate distance of 140 feet to the Point of Beginning. 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