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HomeMy WebLinkAboutOrdinance - 9865-1995 - Amending Ordinance 7084 Zone Case 2126-B C-2 To C-3 - 12/07/1995D_e_e~r ~ \4'7Jc DQ_c... \L\ 1 )Cf~5 ORDINANCE NO. 9865 I AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2126-B; A ZONING CHANGE FROM C-2 AND C-3 TO A-1 ZONING ON A PORTION OF SECTION 28, BLOCK E-2, 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 considemtion, 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, the 1986 Comprehensive Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and City Council determine the physical development of the community; however, planning is a continuous process and change is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council recognize that the zone change on is a minor deviation from the 1986 Comprehensive Land Use Plan and attempt to protect public and private commitments that have been previously based on the Plan; 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 (V emon, 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. 2126-B 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 C-2 and C-3 to A-1 zoning district on a portion of Section 28, I Block E-2, City of Lubbock, Lubbock County, Texas, located South of 50th Street and · West of Chicago, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION of a 15.00 acre tract of land located in Section 28, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South, a distance of 907.13 feet and S. 89°59'24" W., a distance of 2640.30 feet from the Northeast comer of Section 28, Block E-2, Lubbock County, Texas; THENCE S. 89°59'24" W., a distance of738.66 feet; THENCE N. 00°02'01 II E., a distance of884.78 feet; THENCE S. 89°57'59" E., a distance of739.12 feet; lliENCE S. 00"07'26" W., a distance of 300.00 feet; THENCE S. 00"01'56" W., a distance of 584.22 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That a combination brick and wrought iron picket security fence may occupy the perimeter of the site on the property line (with zero setback), except that any fence or other obstructions in the future drainage easement along 53rd Street shall be subject to review and approval by the City Engineer. b. That the fence will maintain the required 25 foot VISion triangle at street intersections. In addition, the fence will have wrought iron pickets with brick piers along the side of the vision triangle and for a distance of at least 25 feet along each street from the vision triangle. c. That the perimeter fence may be the rear wall of garages where a solid brick fence is used (the setback will be reduced to less than the required 15 feet). d. That a mixture of two and three story structures shall be permitted but the A-1 density must be maintained with a fifty percent floor/area ratio. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fme not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-31 ofthe 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. ZONE CASE NO. 2126-B -PAGE2-· 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. ATTEST: ff&:~w, APPROVED AS TO CONTENT: ~1/t:::~ APPROVED AS TO FORM: . ...:. c c::>-'C/---....____.e;.__ Linda L. Chan1ales, Assistant City Attorney LLC:js!ZC2!26-B.ORD cedocsiNovember 13, 1995 ZONE CASE NO. 2126-B •• PAGE3- _-JDLiie""c""'emLWhaeu.r _ _,, 1995. _ _.D'-"e"'-c!::!em""b'-"ec!:.r _ _,, 1995. I ,,, ,City Council·Minutes December 7, 1995 Page849 (26.) Zone Case No. 2126-B (south ofSOtb Street and west of Cbjcago)-Hold a public bearing to consider request of HenQ' Huneke (for H. A. Sessions) for a zoning change from C-2 and C-3 to A-2 on a portjon of Section 28, Block E-2. and to consider ordinance. ORDINANCE #9865 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND TilE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2126-B; A ZONING CHANGE FROM C-2 AND C-3 TO A-1 ZONING ON A PORTION OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. -·'"' i Mayor Langston opened the public hearing at 10:30 a.m. Henry Huneke appeared on behalf of H. A. Sessions to present this request for zone change from C-2 and C-3 to A-2. No one appeared in opposition. Mayor Langston closed the hearing at 10:34 a.m. Randy Henson, Senior Planner, presented staff comments. The owner of this parcel is proposing an apartment development. During the hearing the proponent requested a reduction to A-1 (Family Apartment Zone) versus the original application for A-2 (High Density Apartment Zone). Mr. Henson gave the adjacent land use relationships as follows: North-City park South -vacant, zoned commercial East -vacant and apartments West-commercial zoned, vacant The current Comprehensive Land Use Plan indicates commercial on this site. The previous two plans (1975 and 1983) targeted this area as high density residential for apartments. The Land Use Plan was changed in 1986 to correspond with a proposal to bring 53rd Drive under the Loop and develop commercial in the area. That proposal expired several years ago. The Planning Commission recommendation contains a recognition of this as a minor change to the Comprehensive Land Use Plan. The reduction of the request to A-1 by the proponent represents a density more consistent with the entire area. A-2 zoning allows a 75 percent F.A.R. (floor-to-lot area ratio), while A-1 provides for a 50 percent F .A.R. Several of the pods of apartments are anticipated as three story, with elevators. The three-story construction would normally require A-2; the staff proposed a fourth condition for Council to consider adding to the ordinance on first reading. The eOBJitioA wUI aUew,A mixture of two and three story structure7ut maintain the meFe desiri!!:hle A·l\ with a 50 percent F .A.R. ) '-~~~ c\e~J"S..f-1 4~\ oa. \ City Council Minutes December 7, 1995 Page 850 (27.) The project is proposed to have a perimeter fence, primarily steel pickets with brick piers and portions of solid brick. The developer requests to use the solid portions of the fence as the rear wall of garages. Since the zoning ordinance nonnally requires a 15-foot minimum setback, the Commission approved a condition allowing the reduced setback. The project should have little or no additional effect on traffic in the area other than that anticipated by the existing commercial zoning. The Planning and Zoning Commission recommended this zone case with three conditions: A combination brick and wrought iron picket security fence may occupy the perimeter of the site on the property line (with zero setback), except that any fence or other obstructions in the future drainage easement along 53rd Street shall be subject to review and approval by the City Engineer. The fence will maintain the required 25-foot vision triangle at street intersections. In addition, the fence will have wrought iron pickets with brick piers along the side of the vision triangle and for a distance of at least 2~ feet along each street from the vision triangle. The perimeter fence may be the rear wall of garages where a solid brick fence is used (the setback will be reduced to less than the required 15 feet). Staff supported the recommendation of the Planning & Zoning Commission, with consideration for adding a condition allowing the structures within the interior of the parcel to be three story. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9865 with conditions as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. Zcme Case No· 2718-A (6506 and 6508 4th Street)--Hold a public hearing to consider request of Don Osborne (for Kurion Development Company) for a zoning dtange from R-2 to A-2 limited to a personal nre facility on Lots 212 and 213. Terra Estates North Addition, and to consider ordinance. ORDINANCE #9866 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND TilE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2718-A; A ZONING CHANGE FROM R-2 TO A-2 ZONING ON LOTS 212 & 213. TERRA ESTATES NORTH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 850 TIIESTATEOFTEXAS COUNTY~I!P.BOCK Before m~L.l£i.~-l-:-T'~!Cx~ ~Notary Public in and for Lubbock Couoty. Te~tt.S on this day pen<>nally appcar~.~IL~et: --!the Southwestern Nc'"'P'I· per.s Corporation, publishers of tile Lubt,Ock Malancbe-J011mal -Morning, and Sunday, who being by me duly swuro did depose and say that .sald '!.~P ~r been published continuously for more than My-two wedts pd· ortotllefJrst insertlont){thls ~~"<t-• -··r---------,------- ·. o ~ _at Lubb<lek County, Texas and the attached print· edeopy oflb ' ,J•-'\truc ~l of:r~lgiaal and was prlnu.lln tlleLubbocl< Av~l!!lJci><NOIIma n tho follo~ dales: O'J.~JJJQU...M£4.l.-=A• · ~...c.w:u ~~r ...... t, ... ,,,._ ______ _ dlm;rf:k=--~-.. ~l!l&.~~fcu LUBiiOCK AVI\LA:-ICHE.J.OlillNAL Morri" Communicatinn CorpQI'&tion Slll>scr!b«l and sworn U> before roc thui•'--'~"'-'0"----"daaa_y or )Jb\!etnher .. - Morris Cotnmunicatioo Co1poration Subscribed ond sworn lo before me thi~._....day o£~~-19 9S: PATTITATE N:.buy Poltlle. Sta1t of Tun ~ri'V My to'nmmt''" £1p!lt.S 6·30·96 t.OOlSt Q~n ... THE STATE OF TEXAS ~~::r~?'"ibUW:~re\~. ?· } a ~tal! hi. blic in and for Lubbock County, Texas on this day personally appe~l\~• i_ , c..ao~MC ofthe Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that aid new pa h sJ>een ublished continuously for more than fifty-two weeks pri- or to the first insertion of this _...""""lllf.A"-'--f"P!'i:lr~C'!~-r'h:....------------------- LUBBOCK AVALANCHE-JOURNAL Morrie Communication Corporation Subscribed and sworn to before me this __ -:,_._. '-----.!day o'-]~~~~iilW.~~~~~~r--=---- PATTI TATE § SECTION 2. triAl wlolotiM Of anv provi$10AS of thts Ordlnol'lce lhOII &te deermd o mtldemtano:r ~~~~:J'la~N~~::~ (U,CCO.OOl •• """'ldod In Section 29-31 of the ZOtllhOOtdlnanoe cf~ CHyoiL.u~ . ·.· ~ · ORDINANCE NO. m7 AW OROINAN<;E AMEND• lNG ZONING ORbiNANCIUIO. '10114 AND THE OFFICIAL MAP ~~~~ .. eGcm, %t~g~m CHA.NGES: ZONE CASE NO. 2303-A; A ZONING C:HANGE 'PROM Ar 1 TO c-.1 $PI!CIFIC IJSE %0NIN!l> t.IMITED TO MODEL !iOME $ALES ANI) OFFfCE, ON A TRACT OUT OF SECTION 9, 8LOCK J..S. LU880CK; TeXAS; SUBJECT TO 'CONDITIONS; PROVtO'rNG A PENAL:'Y'V) PRO. lilt! lNG A SAVINGS CLAUS~ ANDPROVIOINGFOR PUBLICA· .TION. SetT!ON 3. THAT v\ciot!OnOI lnv ~trovttiont of 1h1s Qn::Uf!once tholi be deeMed a mlademeonar twnfshable bv .c~:Hna not to txceeil TWO Ti'ICM.IlOnd ;and N<>'100 OcliGI'$ '{SUQO.OOl os provldecHn secttcn ~~~~:..:::~~tor<ll~ncaoltht OR"INAHCE NO. 916ft /AN ORDINANC.E AMEND' , tNG zowtNG oA:otHA.Nce No. 70U AND THE OFFJCIAL MAP OF THE ClTY OF t.·lJBSOCK MAKING THE FOLLOWING '~GES: zo~..Wi :~~~:l' ZON·IRG OK TJlACT 8. ~r?x!l~81N'~:C, I ION$; PltOVtDUtG A : PRO'Irf.tOJNG A SAV~ c,:t~g:~. PROVIDING ,,_, w~-< _.., Notary PubliC. S!lte ol Tem § •" My Comm!S!'·~n E•~•res 6·30·96 § -~·~~..s · siicrioOii:Tt<:.'t~..;i;;i!Oft.;, Oltt PYOV111ont Of fllll Ordt~ ,tflaU lie d'HMed e mlldatT1!101'ior wnllhallteo bY a flne not to.w:Hd Two Tttauaond oncr Ho100 DoHcrrt • ($2.COO.Ota ot t:~~"owldlld fti: Section IP-31 Of Jhe Zcnlno-onftt!cr~CI!Of1ht l:Hvofubl>o<k. ORDINANC~ NO.tm ' I AN ORDINANCI!: AMEND' lNG CHAPTER 29 01' THE COD!! Of' ORDIIIANCE$. CITY. OF.I..IIll- aocK, TEXAS EHTITI.!D "ZON· lNG". BY AMeNDING SECTION :1:9:~17, ENTITLEO "'C~t LOCAL RETAIL 01$TRtCT"" ~TO ALLOW LAUNDRY AND DRY ClEANING SHOP$ NOT EXCEEDING f.@O JQIJARI! FEET AS A PERMIT· TEO USE A"D BY AMENDING SECTlON 29--11, I:NTITU:D ""C-3: GENER.At. RETAIL DISTfUCT"' a¥ DELETIIIG UoC:TION ~-11Cc:l(4), CLEANING~ DYING ;.OR DRY CLEANING II'IDPIJ iPROVI DltiG A SAVING$ 1~;-"~Jg•:RW.ti:':Jlt&:t~~! I.ICATION. . • seCTION 3. THATvlcdallon'ol' anv •u·cvftions of thtl _'Ordiftance , tnon be dtemaa .o '-mlt.dtlmeonor · tllll.lnlf.hotat. bY 1:11 b not to ecetct , Two ThoutOnd •nd Hf)'lto Dollar$ cltt.QJO.OO) n """'ldtd In S.ctlon :IN! of the Zonlno Or\tnanc:tOI lho !CIIYOI~ek. · · · · ·--L~~-····:.. •.• -~-·-.~~~ !-.-' MOT ICE OF llllSOLUTIOH OP PARTNII!RlMIP AND CONTINUATION OFBUSIHUI HoilO •• h ...... Y tlvert!ilol 111 • . r;::;:::'!.:=:tt:~~r:.:: =· ,r;~:O:InJ !1~7: ICREEN. PRIRTUJ:Q", ol UDI ~ t}ortf'r Ash, Lvtfbcn:l_. LubbOCk ;¢&:u:rdY1 TI:JIIId,.WD~O<d ' tA.ard\ ,., 1tt;l, by-the-mutual Cd'fi llfl'f of tM PDrt:Mr., Je&SE e. t!ERKittS, t'fttd:ln• Cit t\5 Mtlon -· L-· Lu-llo<l< C...,flo, TP:<I! ~ hot wtfhdr01il'n trom and has c:ea$1!£1 ta. be -ouodated In 1M (:(lrrvlno on ot the butlnftl. WILLIAM E. PERKINS. ffiSidlrtCJ c:12616 <6tli Sfffil, Lubbcd<, Lull-bot._ Covnty, TtXO$ 1t4U. will l'let'eatter corrv on the buslrtfJt, 14 ll'ltitttd to 0'111ht .... of tt\1 bull:- MU. and ttos ouumedMd wltl PGV oil wt&tondln• Uobllit1ts of tht buslneu lnc~o~rAd prwlQIIIIy or 'ft tMMure. All detm owlns t• tl\t port,.·r· · ihiP. end all dabtt du• bv the part• ferf.htp, wllltl& ret:eived or pah:'l ct the addrQ$ of 1M; PQrtMI"''fliP Ht fi"Qthabovt. . , , DATED the ltfh iSOY of Dt~ cembef', tm. JEC:ONO READING QAOfNAHCE$ $ECTION :1. THAT wfokrtiOn of· r .anr provttlons of thll Ordlnone• 'i:~:~;;"b:":~=~~~a~. mlademtanor !>! not to exceed . I:.oo~:l~~d .::~::f: -t~r~ .29-31 of fht Zonlml Ordinance of tht ---CIIV of LubbO<:L CRDINAMCEI'IO. 9847 AN ORDINANCE AMENO· .lNG ZONING ORDINANt;E NO. "'"'AND TME OFFICIAl. MAP OF THE CITY OF LV880(K MAKING THE FOLLOWIIIG CH NO.Pl3- "-/4.;A ITO LIM ,UL. ICE TRA CTION f, ilLOCK ~-$. LUBBOCK, TEXAS/ .UBJICT TO i:ONDITION&I PROVIOING A PI!NALTYr I'RO. . VIOING A SAVINGS CLAU$E #<NO PltOVIDING FOR PUBLICA-TION. SECTION :1. THAT vlolollon of t~nY f)l'O'W!ItiOns of thlt On:Unonce ttloll be deemed a mlldtmec:nor .-unlshable by o fil\t ~ fo •~cted Two TI'IOI.Iwtld al'ld N;;tOO DoliCirJ ~,0)0.'1)0) os PtOVkfed in Stetlon 1"' lht Zonlno Qrd!nonco oflhe H-JoatLub~--" , OROINANr;E NO.tl68 . 'Ali ORDINANCE AMEHO. tNQ lOHING ORDINANCE NO, 108. ANO THE OFFICIAL MAP ' ~A~~:oc~~~ ~~t~g!~S~ CHANGES: ZONE CAU' NO. 1131· ·~·-------------~--,.. . . IECTlQN LTHAT ;kiOt!Gii.; i ·=~~~·:~:::J·~.::~== i fV:::~ .. ~·.•IIr!••:"'!~! ~~~::..~:~':' .. ::.., ; (tty o!Lvbl>ocl<. ORDINANCE NO. WI AN ORDfNANO:I AMEN!).. UIG CHAPTER 2J 01' THE COD! OFORDINANC!!, CITY OF I.IJS. lOCK. TEXAS IINTITI.EO "ZZN· lNG". BY AMENI>ING SBCTIOH ''C•t LOCAl.