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HomeMy WebLinkAboutOrdinance - 2004-O0050 - Amending Zoning Ordinance Making Changes: Case 1913-B; Specific Use/Motel - 04/22/2004First Reading April 22~ 2004 Item No. 45 ORDINANCE NO. 2004-oooso Second Reading Hay 6~ 2004 Item No. 44 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE Cr'rY dF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1913-B; A ZONING CHANGE FROM C-2 TO AM SPECIFIC USE FOR A MOTEL ON 1.646 ACRES OF UNPLATTED LAL"'D OUT OF SECTION 44, BLOCK AK, LUBBOCK, TEXAS; SUJBECT 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 29-24 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1 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 I City Council Chamber of the Municipal Building, Lubbock, Texas, at which time I I 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. 1913-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from C-2, to AM Specific Use for a motel under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 1.646 acres of unplatted land out of Section 44, Block AK, City of Lubbock, Lubbock County, Texas, located east of West Loop 289 between 22nd and 24th Street, subject to the following condition and being further described as follows: METES AND BOUNDS DESCRlPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITION: 1. . THAT zoning is tied to one of the two proposed site plans. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 29-24 of the Codified Zoning Ordinance, which provides that a Building Permit shall be applied for and secured within thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in this case is the C-2 zone districts; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Section 29-24 (c) 21 of Codified Zoning Ordinance No. 7084 on the property described as 1.646 acres of unplatted land out of Section 44, Block AK, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 1 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 4. 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 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. Zone Case No. 1913-B page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 22nd day of _.....:A::.~P;:.::r:.=i:=.l ___ , 2004. Passed by the City Council on second reading this 6th d 1 ATTEST: I ~LA~~ Re ecca Garza, City Secretary I I APPROVED AS TO CONTENT: enior Planner APPROVED AS TO FORM: Linda L. Chamales Supervising Attorney Office Practice I as/ cityatt/Linda/ZoneCases/ZC 1913-B April 1, 2004 Zone Case No. 1913-B page-3 of3 OUGAL, MAYOR Zone Case No. 1913-B Exhibit "A" Ordinance No .• 2004-QOOSO HUGO REED AND ASSOCIATES. INC. 1601 Avenue N I Lubbock. Texas 79401/8061763-5642/ FAX 806!763-3891 LAND CIVIL ENGINEERS Metes and Bounds description of a 1.646 acre tract ofland located in Section 44, Block AK, Lubbock County, Texas. BEGINNING at a point in the centerline of 24th Street for the Southeast comer of this tract which bears South 1911.00 feet and West990.00 feet from the Northeast comer of Section 44, Block AK; TIIENCE West a distance of 177.06 feet to a point in the East right-of-way line ofLoop 289 for the Southwest comer ofthis tract; TIIENCE North along the East right-of-way line of said Loop 289 a distance of 405.00 feet to a point for the Northwest corner of this tract; THENCE East a distance of 177.06 feet to a point in the West line ofLot 21, Marycal Addition, to the City of Lubbock, Lubbock County Texas, according to map, plat and/or dedication deed thereof recorded in Volume 1083, Page 313, Deed Records ofLubbock County, Texas, for the Northeast comer of this tract; TIIENCE South along the West line of said Lot 21, at 178.00 feet past the Southwest comer of said Lot · 21, and the North line of a 20 foot alley, at 198.00 feet to pass the South line of said 20 foot alley and the Northwest comer of Lot 9-A, Marycal Addition to the City of Lubbock, Lubbock County, Texas, according to map, plat and/or dedication deed thereof recorded in Volu:nle 1299, Page 34, Deed Records of Lubbock County, Texas, continuing for a total distance of 405.00 feet to the Point of Beginning. Does not represent a survey.