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HomeMy WebLinkAboutOrdinance - 2004-O0062 - Amending Zoning Ordinance Making Changes: Case No. 3010 - 05/25/2004First Reading May 25, 2004 Item No. 8 ORDINANCE NO. 2004-oo062 Second Reading June 9, 2004 Item 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. 3010; A ZONING CHANGE FROM T TO C-4 ZONING ON 0.45 ACRES OF UNPLATTED LAND OUT OF SECTION 42, 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 1 due to changed conditions, it would be expedient and in the interest of the public health, 11 safety and general welfare to make those proposed changes in zoning; and I, WHEREAS, all conditions precedent required by law for a valid amendment to 1 the Zoning Ordinance and Map have been fully complied with, including giving notices j in compliance with Section 29-29 of the Code of Ordinances, City of Lubbock, Texas, 1 and the notices provided by the Texas Local Government Code §211.007 (Vernon, J 1990), and notice was duly published in the Lubbock Avalanche-Journal more than 1 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. 3010 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-4 zoning district on 0.45 acres of unplatted land out of Section 42, Block AK, City of Lubbock, Lubbock County, Texas, located at 7601 19th Street, subject to conditions and being further described as follows: SUBJECT TO THE FOLLOWING CONDITION: 1. THAT the uses shall be limited to unconditionally permitted C-4 uses except: • Automobile body shops • Billboards • Commercial private clubs and teenage clubs • Dancehall • Used furniture store • Game room except as an incidental use, pool, billiard and/or domina parlor • Motorcycle shop • Second hand goods store or pawn shop • Used car lot • Nightclubs 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 1 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. 1 1 SECTION 4. THAT the City Secretary is hereby authorized to cause I publication of the descriptive caption of this Ordinance as an alternative method I provided by law. i I I Zone Case No. 3010 page-2 of2 AND IT IS SO ORDERED. Passed by the City Council on first reading this 25th day of __ _:::::Ma::.~Y~--· 2004. ATTEST: IJi~~c~ys~ I APPROVED AS TO CONTENT: 74 ~~ I --4------A~-------------, Randy Hens , Senior Planner APPROVED AS TO FORM: ----·c~~ I' Linda L. Chamales I Supervising Attorney Office Practice I as/ cityatt/Linda!ZoneCase/ZC30 10 I M•y 6, 2004 I Zone Case No. 3010 page-3 of2 Field Notes Field ·Notes of a 0.459 Acre Tract out of Section 42, Block AK, Lubbock County, Texas;< being the all of the tract described in Volume 8860~', Page 202 of the Official Real Property Records of Lubbock County, Texas: Beginning at a 1/Z' IR set in the S/line of Texas Highway 114 for the NW corner oJ this tract, from whence a RR Spike ·<found ·ror the ~Nw corner of. Section 4t~ bear$ · · N o· 05.' · 25" W, a distance of 65.00, and S. 89 .. , 54' 35, W a distance of 137o.oo·;· . 4-~. ~ =' Thenc·e ·N ag· 54, 35"· E, alo·ng· Highway >ROW~ a distanc~ .. o~ .§: 85:00'rto a 1/2'' IR set .·for: .. ~he· Point of .Curvat-qr.~e. of. a ·r~· .. · -~ Radius: curve to the right, ;concave Northeasterly;·· . :: Thence along arc of 15' Radius Curve, a distance of 23.56' to a 1/2" IR set in W /line of Yuma Avenue, . for the Point of Tangency of this curve; · · .. Thence·, S o· 05' 25'1 E, along W /line of Yuma Avenue, a a distance of 185.00' to a 1Y2" IR set for the SE corner of ~· this tract; ~ ~ Thence N 89' 05' 25, W, a distance of · 99.60' passing a ~ ~ 1/2" IR set for reference in Fenceline, in all a total distance ~ ~ o-Of 1 00..00' to the SW corner of this tract; b e Thence: N o· 05' 25'' W, a distance of 200.00' to the g Place of Beginning. N