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HomeMy WebLinkAboutOrdinance - 2004-O0053 - Amending Case No 3007; - 04/02/2004First Reading April 22, 2004 Item No. 48 ORDINANCE NO. 2004-o0053 Second Reading May 6, 2004 Item No. 19 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3007; A ZONING CHANGE FROM T TO C-3 ZONING ON 2 ACRES OF UNPLATTED LAND OUT OF SECTION 20, 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. 3007 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 T to C-3 zoning district on 2 acres of unplatted land out of Section 20, Block AK, City of Lubbock, Lubbock County, Texas, located at 6722 82nd Street, subject to the following conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the entire tract shall be limited to one curb return on 8200 Street. If two businesses are developed, a common curb return and cross access shall be provided. 2. THAT a site plan and building elevation review of structures facing 8200 Street shall be approved by the Planning Commission prior to a construction permit. Building materials for any fa~ade on 82nd Street shall be substantially masonry. 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 second reading this 6th day ATTEST: ~~~~ Rebecca Garza, City Secretary ""<. Zone Case No. 3007 page-2 of2 APPROVED AS TO CONTENT: Randy Henson, S APPROVED AS TO FORM: ·~c:YC'~c~ Linda L. Chamales Supervising Attorney Office Practice as/cityatt/Linda/ZoneCase/ZC3007 April 1, 2004 Zone Case No. 3007 page-3 of2 Exhibit "A" ZONE CASE NO 3007 Ordinance No. 2004-o0053 METES AND BOUNDS DESCRIPTION of a tract of land located in Section 30, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 30, Block AK which bears East, an approximate distance of 358 feet from the Southwest corner of the Southeast Quarter of Section 30, Block AK, Lubbock County, Texas; THENCE North, an approximate distance of 660 feet; THENCE East, an approximate distance of 302 feet; THENCE South, an approximate distance of 660 feet to a point in the South line of Section 30, Block AK; THENCE West, along the South line of Section 30, Block AK, an approximate distance of 302 feet to the Point of Beginning. Contains: approximately 4.6 acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY