Loading...
HomeMy WebLinkAboutOrdinance - 8091-1980 - Amending Zoning Ordiance #7084 And Lubbock Map To Change Zone Case #802-C. - 08/28/1980e-at--so SMT:pc ORDINANCE NO. 8091 ~-II-YO AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 802-C; CHANGE A TRACT OF LAND OUT OF SECTION 8, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 SPECIFIC USE TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS ON LOTS 1, 9, 10, 11 and 12; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; 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 finds that due to changed conditions, it would be expedient and in the interest of the public health, morals, 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, as well as giving notices in compliance with Section 26 of Ordinance No. 7084, as well as notices provided by Article lOllf, Vernon's Annotated Civil Statutes, amended in 1961, and notice was duly published in the Lubbock Morning 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 duly held in the City Council Room on the second floor of the City Hall, 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 amende? in the manner here- inafter 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. 802-C SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: Change a tract of Land out of Section 8, Block B, City of Lubbock, Lubbock County, Texas, from R-1 Specific Use to C-4 zoning district. This property is further described by metes and bounds as follows: BEGINNING at a point in the North line of 48th Street, said point bearing East 1980 feet and North 646 feet from the Southwest corner of said Section 8, Block B; THENCE North a distance of 673.68 feet; THENCE N. 89°58'10" E. a distance of 602.41 feet to a point in the West line of Avenue "H"; THENCE s. 00°06'30" w. along the West line of said Avenue "H", a distance of 640.1 feet to a point in the North line of said 48th Street; THENCE West, along the North line of said 48th Street, a distance of 81.92 feet; THENCE S. 85°36'20" W. along the North line of said 48th Street, a distance of 442.4 feet; ·-THENCE West, along the North line of said 48th Street, a distance of 78.08 feet to the Point of Beginning. CONTAINS: 9.07 acres. SUBJECT TO THE FOLLOWING CONDITIONS ON LOTS 1, 9, 10, 11 and 12: 1. That it be limited to a one story development. 2. That there be a 30 foot setback on the west and north sides of the subdivision. 3. That a solid wood or masonry fence be built along the alley. 4. That the following C-4 uses not be allowed: commercial private clubs, dance halls, feed stores, garage (public repair), hot tamale plant, lumber.yard, motorcycle shop, auto body shop, commercial laundry, road machinery sales, used car sales, trailer rental, trailer service, trailer sales, bar or lounge, public kennel and veterinary hospital. SECTION 2. THAT violation of.any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-5 of the City Code. 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 first reading this28th day of August , 1980. Passed by the City Council on second reading this llthday of September, 1980. BIL CALISTER, MAYOR ATTEST: Al'PROVED AS TO CONTENT: APPROVED AS TO FORM: Susan M. Tom, Assistant City Attorney .. The State of Texas County of Lubbock Before me, Gilberte P. Ortiz, a Notary Public in and for Lubbock County, Texas on this day personally appeared Bidal Aguero of Amigo Publications, publishers of El Editor, weekly newspaper, who being by me duly sworn did depose and say that said news- paper has been published continuously for more than fifty-two weeks prior to the first insertion of this City Ordinance No. 8091 . at Lubbock County, Texas and the attached printed copy of the City Ordinance is. a true copy of the original and w1~~~:inted~l Editor on the following dates: Sept. 12 & 19 :;;?4~ Amigo Publications Subscribed and sworn to before me this d.5t/a day of Sep:f":'"""; 1980. G1Urd.~~ Gi1berto P .riiz Notary Public . . Ordinance No. 8091. . ;, Art.Ordinance amending zoning Ordinance No. 1084 and the official map of th.,3 City ~ Lubbock ao as to make the following changes: .Zone Case No .. 802-(): :, . change a tract of land out of section 8~ Block B, City of Lubbock. Lubbock County, . ..,.,.,.. r•rom R·1 specific use to c-.4 zoning district; eubject to conditions on Lots 12; providing for a penalty as provided for ln Seclton 1-5 of the City a savings clause and providing for publication. . the City Council of the City ot Lubbock: the following conditions on Lots t, 9, 10, 11 and 12: be limited to 1 one llory development, · · . . be I 30 foot letback on the west Md north aides Of the IUbdivisiOI!. a aolid wood or masonry fence be built 81ong the alley. , , the following c-.4 uses not be allowed: commercial private clubs, dance feed ,llores, garage (public repair), flot tamale plant, lumber yar(l. motorcycle ahop, auto body lhOP. commercial laundry, road m'aclllneryaales. used· cer 181es, trailer. rental, trailer letVice, trailer eales, bar. or lounge, public • kennel and yeterinary hopital.' . · . ., · Section 2. That Yiolation of any provisions of this Ordinance shelllle'Geemed a misdemeanor punishable by a fine not to exclaed two hundred etoD.ria provided ln Section 1·5 ofthe City Code. . . . . • i · ,' , .. Section 3. That 1hould any paragraj)fl, aentence, caause, phrastior Wof'ctof this Ordinance be declared unconstitutional orlnYalid for any reason, therema!ni:lerof · thll Ordinance shall. not.be 11ffected thereby. . · · ~-·• · Section 4. That «te City Secretary II llereby authoriZed to cau~St'~Wbliicaliibil the descriptive caption of this Ordinance • an altematiYe . ~· . . ..... .· <' A~ci.t Is So O~deted: .• : . Passlad by the City Council on first readii1Q lhls 28th ...... , ,.. •..• ,.. Passed by the City Council .On seco!'d re,.iiJng thl& .11th Attesl: . ;:,;: " . ··~ .. '..... · \, ·: •. ~~ ' .\~ i .. n Gaff ity ,J -~ • ry-T '• ·.• •: ed as content: · . . rei Natti)eutt;:lfbminlstrator. · · Z~ri~V and Etlilllti'ril'llentat.Control Approved u to .torm: · · /alSuaanM. Tom,'Atslstant . · -----~--~ C~·Attor~--~- ~-~ REPLY FORM i If for·any reason you feel that you will be unable to attend the · public hearing advertised bylthis notice, and yet you desire to present your sentiments regarding the case affecting you, you may complete this form and return it to the Secretary of the Planning and Zoning Commission, Box 2QOO, Lubbock, Texas 79457. If you have any questions pertaining to the case, please call the Secretary of the Planning and Zoning Commission at 762-6411, extension 2114. REPLY I am in favor of (. ), opposed to <)(> the change of zone requested by Case No. £' Qc2 ,..c._. · · c.. c. My reasons and/or comments are as follows: .214·~~'4-~~ -~ ~ ~ ,;d..;.~:;_;{-~ ~~--':Y!:~ -,e_~ 1-~- RECEIVED AUG 2 5 1980 ZONING DEPT. • Signature~ fj~ Address ;;~~t¥. Address of property ownedJ ~~ ~ . /QLO{-~g~·-£~. I ( .... :::::::.- REPLY FORM r .... ~-· If for any reason you feel that you will be unable to attend the public hearing advertised by this notice, and yet you desire to present your sentiments regarding the case affecting.you, you may complete this form and return it to the Secretary of the Planning and Zoning Commission, Box 2000, Lubbock, Texas 79457. If you have any questions pertaining to the case, please call the Secretary of the Planning and Zoning Commission at 762-6411~ extension 2114. REPLY I am in favor of ( ), opposed to{)() the change of zone requested by Case No. zsOol -c ... . . cc.. My reasons and/or comments are as follows: RECEIVED AUG25 1980 ZONING DEPT. Signature §J .~ ci si1 ~ Address I ~C \-'=\ '1 :r"-. Address of property owned: .. E--···· 6--··· REPLY FORM If for any reason you feel that you will be unable to attend the · public hearing advertised by this notice, and yet you desire to present your sentiments regarding the case affecting you, you may complete this form and return it to the Secretary of the Planning and Zoning Commission, .Box 2000, Lubbock, Texas 79457. If you have any questions pertaining to the case, please call the Secretary of the Planning and Zoning Commission at 762-6411. extension 2114. REPLY I am .1n favor of~), opposed to ( ) the change of zone requested by Case No. c??i< 7.3 a. c.. My reasons and/or comments are as follows: RECEIVED AUG 2 5 1980 ZONING DEPT. Address of property owned: c-- .. RECEIVED ,-... , .. .. -.. REPLY FORM AUG 25 .1980 · ·rf-for any' reason you feel that you will ·be uriable ·to ad·t!i"dufihfll-DEPT. public hearing advertised by this· notice-~ and yet you EfsHia'l't!!U present your sentiments regarding the case affecting you, you may c'omplete ~this. r.o~ ap.d' r~turn it to tJ:le Secretary of· th~ _Planning .. _. and Zoning Commission, Box 2090 ~ '· Lubbo~k, Texas 7945 7. · -- REPLY. ·· ........... . .by Case No. I .ani in f!ivqr. of C ) , opposed to ( -1?9/--C; ) . the chang~ c>f zone requested .. . C...c... ·My rea'sons and/or comments are as ·follows-: I-cannot·attend.the Council Meeting because. as a:Tech Faculty memb~r, I must be·on campus for student registration for the fall semester. · , I ,strongly· OPPOSE the .. proposed· zoning. change. I made this objection.· earlier at the PlaDning and Zoning.Commission Meeting (Aug 7, 1980) and in-letters to that Commission .·and to members of the-City Council which. I delivered personally to Council offices. I . . can only ~iterate my objections and those of my neighbors: Mr. Bobby Day purchased the-lots in question KNOWING they were zoned·for residentia structures. We are-told that he will never build duplexes on the lots •. -We ask, then, why on e~rth did he b).lY.the lots in the. first place? -We suggest.that Mr. Day knew when -he bought the property as he-does now that he would push for the zoning change because the return on his investment would be greater with a professional building-than with duplexes. We.re~pect bis right and priviledge to do this but we will fight it if it . ,_ means his gain is realized at our expense, primarily in property vaie decline. . ~ We are told~that the zoning change and the professional building will not affect our property values, that they will appreciate rather than decline;-etc. Given the choice between a home with a professional-bUilding next ~o i~ and an~ther.with.a resi- . dential structure there, we find it difficult to believe-that the potential buyer _would select the one with the: dental offices . in . their back--ya:r;'d·,-; Ttierefore ~ we question-the "assurances" that our property-values will not be affected. The potential for selling our homes should the need or desire arise is reduced -and why~ for a professional • ~ ,1 build1.ng?? The professional buil~ing is not NEEDED. It will add absolutely nothing to the neighborhood or community regardless of the archi- tecture;-if anything,. it will only detract. The professional building will not $atisfy any c_ommunity ne~d or fill some social void for the. general good of the n~ighborhood. Two people benefit:_ developer and , . buyer. Parenthetically, we have Address OVER, PLEASE REPLY FORM If for any reason you feel that·you will be unable to attend the public hearing advertised by this ·notice, and yet you desire to present your sentiments regarding the case affecting you, you may complete this form and return it to the Secretary of the Planning and ,Zoning Commission, Box 2000, Lubbock, Texas 79457. If you have any questions pertaining to the case, please call the Secretary of ·the Planning and Zoning Commission at 762-6411, extension 2114. REPLY I am in favor of ( ), opposed to (X) the change of zone requested by Case No. ./Z 9(..-s-;__ My reasons and/or comments are as follows: It is unfortunate that I will not be able to be present at this hearing to express my opinions against such a proposal, but the hour of this meeting makes it impossible for me to attend. J>ty livelihood is my only means to pay the taxes on my home and I must attend ~o this business. I must therefore rely upon the City Council to protect my interest as a homeol'mer and taxpayer and reject this proposed zoning change request. My reasons are as follows: 1. Increasein vehicular traffic on an already heavily travel- ed street. Hazards created by vehicles entering and leaving Quaker Ave. to enter medical facility. 2. Parking of patients cars on side streets causing problems for neighborhood residents. This problem already exists with the Dental facility located on the south side of 65th st·; 3. Reduction of property value. Resale will be affected by this medical facility. ' 4. Erosion of guidlines set RECEIVED AUG 26 1980 ZONING DEPT. up for residential zoni~~ A Signature C &d ~A Address 6309 Raleigh Address of property owned: Same as above The City Council City of Lubbock Lubbock, Texas Dear Ladies and Gentlemen; 11503 64th Street Lubbock, Texas 79414 August 8, 1980 Re: Case 1891-C We, the undersigned, are writing to appeal the decision of the Plan- ning and Zoning Commission made at the August 7, 1980 meeting to change the zoning of lots at the corner of 65th Street and Quaker Avenue from Residential (R-2) to Commercial. · We will not enumerate or elaborate on our reasons for asking that the zoning be kept residential; that was done at the meeting and should be on record. However, we ask that you, the Council Members who must decide the issue, keep in mind several pertinent and relevant points when doing so. First, the lots are zoned at this time as a buffer between residen- tial and commercial properties and for a good reason: to prevent or at least reduce adverse effects of a commercial undertaking on residences which would occur if the two properties were immediately adjacent. Second, and of considerable importance, there is no need for the zoning change. Another professional building is not needed in this com- munity because we already have one on the corner in question. The zoning change will be a convenience, not a necessity, for only two people, namely, the one who owns the lots and requests the change, and the potential buy- er. However, we ask the Council to keep in mind that an entire neighbor- hood will be affected by its decision. The professional building will contribute absolutely nothing to our neighborhood regardless of architec- ture; if anything, the potential is all too real for it to detract from·the neighborhood, aesthetically and from property values. Third, the vote of the involved property owners was, but for the ex- ception of one individual misinformed about the central issues, unanimously against the proposed change. There was no split vote in our group. This is not an issue with which some of us agreed and some disagreed. All of us were and are strongly opposed to the zoning change and any professional building on the lots in question. Finally, those of us with homes, the back yards of which are immedi- ately adjacent to the lots at issue here, bought those homes in good faith with the full understanding that the vacant lots were zoned residential. None of us had any indication that a professional building could be built there. Now, after major financial commitments, we are told by the Plan- ning and Zoning Commission that the zoning will be changed and the pro- fessional building can be built. Quite frankly, we feel deceived and , I ,. r~ The City Council City of Lubbock August 8, 1980 Page 2 Re: Case 1891-C helpless because of a Planning and Zoning Commission decision which clear- ly abandons us and its responsibilities to maintain the high standards and the very stability of an established neighborhood. We ask that the City Council, unlike the Planning and Zoning Commiss- ion, recognize the unanimous plea of the residents who ultimately will have to carry the· burden of any adverse effects of a zoning change, and maintain the R-2 zoning of the lots in question. · · Thanking you for your consideration in this matter, I am,