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HomeMy WebLinkAboutOrdinance - 2004-O0127 - Amend Zone Case 2178-H; Specific Use For A Bank - 10/28/2004First Reading October 28, 2004 Item No. 47 ORDINANCE NO. 2004-00127 Second Reading Noveaber 4,. 2004 Item No. 13 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2178-H; A ZONING CHANGE FROM GO AND C-2 TO AM SPECIFIC USE FOR A BANK ON 1.5 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2 SECTION 18, LUBBOCK, TEXAS; 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 Goverrunent 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. 2178-H SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from GO and C-2 with conditions, to AM Specific Use for a bank under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on 1.5 acres of unplatted land out of Block E-2 Section 18, City of Lubbock, Lubbock County, Texas, located on the Southeast corner of 98th Street and Jordan Avenue, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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 GO and 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 1.5 acres of unplatted land out of Block E-2 Section 18, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision ofthis 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 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. AND IT IS SO ORDERED. Passed by the City Council on first reading this 28th day of __ o_ct_o_b_e_r __ , 2004. ATTEST: §& ,;.. €.• &=r-~ ecca Garza, City Secretary APPROVED AS TO CONTENT: ~fk~ Zone Case No. 2178-H page-2 of3 Randy Henson, Senior Planner APPROVED AS TO FORM: -~-y---<. c:Y C~_,_, __,e_f< __ , __ / Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCases/ZC2 l 78-H October 5, 2004 Zone Case No. 2178-H page-3 of3 Exhibit "A" Zone Case No. 2178-H AM SPECIFIC USE 0rd:i.nance Bo. 2004-00127 METES AND BOUNDS DESCRIPTION of an approximate 1.5 acre tract of land located in Section 18, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 18, Block E-2, which bears West, approximately 875 feet from the Northeast comer of Section 18, Block E-2, Lubbock County, Texas; THENCE South, an approximate distance of 275 feet; THENCE West an approximate distance of 230 feet to a point In the centerline of Jordan Avenue; THENCE North, along the centerline of Jordan Avenue, an approximate distance of 275 feet to a point in the North line of Section 18, Block E-2; THENCE East, along the North line of Section 18, Block E-2, an approximate distance of 230 feet to the Point of Beginning. · PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. PREPARED FOR: Larry Allen September 15, 2004