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HomeMy WebLinkAboutOrdinance - 8147-1981 - Zoning Ord. #7084 And Lubbock Map Changes For Zone Case #2312 - 02/12/1981SMH:pc ORDINANCE NO. ~-1:;>-s<l> ai_47 ,a.. :?-<o·t.t 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. 2312; CHANGE LOTS 1 AND 2, ALLIANCE ACRES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 37, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; 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 reconnnendation 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 amended 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. 2312 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map Be and the same are hereby amended as follows, to-wit: Change Lots 1 and 2, Alliance Acres Addition, City of Lubbock, Lubbock County, Texas from R-1 to A-2 zoning district. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That it be limited to church and church related uses. SECTION 2. THAT Ordinance No. 7084 and the Official Zoning Map Be and the same are hereby amended as follows, to-wit: '!'' • JIit., -. ' -l -" ~ .,. I Change a tract of land out of Section 37, Block A~K, City of Lubbock, Lubbock County, Texas, from R-1 to A-2 zoning district. This property is further described by metes and bounds as follows: A 2.002 acre tract in Section 37, Block A-K, Lubbock County, Texas, being further described as follows: BEGINNING at a railroad spike set at the Northeast corner of this tract, from whence the Northeast corner of Section 37 bears N. 00°011 W., 1069.73 feet; THENCE s. 89°59' W., at 37.5 feet pass a 3/8" iron rod found at the Southeast corner of Lot 1, Alliance Acres, continuing along the South line of Lot 1, at 39.5 feet pass a 3/411 iron pipe as referred to in Volume 962, Page 90, Deed Records of Lubbock County, Texas, at 40 feet pass a 5/8" x 18" iron rod with cap marked "RPS 1974" set in reference in the West right-of-way line of Frankford Avenue, at 392.5 feet pass a 3/8" iron rod found at the common South corner of Lots 1 and 2, Alliance Acres, continuing along the South line of Lot 2 for a total distance of 277.12 feet to a 3/8" iron rod found at the Northwest comer of this tract;· THENCE S. 20°06 1 E., along the East right-of-way line of Loop 289, a distance of 131.79 feet to a 1" iron pipe found at the Southwest comer of this tract; THENCE N. 89°59' E., at 641.9 feet pass a 5/8" x 18" iron rod with cap marked "RPS 1974" set in the West right-of-way line of Frankford Avenue, continuing for a total distance of 681.9 feet to a railroad spike; THENCE N. 00°01' w., along the East line of Section 37, a distance of 123.78 feet to the Place of Beginning. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no windows above the second story of the proposed apartments facing Frankford Avenue. 2. That it be limited to apartments. SECTION 3. 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 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 Passed by the City Council on ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Susan M. Horton, Assistant City Attorney this 12th day of February , 1981. s 26th day of February, 1981. The State of Texas County of Lubbock Before me, Gilbert 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. 8147 at Lubbock County, Texas and the attached printed copy of the City Ordinance is a true copy of the origin-al and was printed in El Editor on the following dates: Feb. · · 27 and March 6, 1981 · • ;;;£/LtZ~ Amigo Publications Subscribed and sworn to before me this ~day of 1Jta,a,c.J. , 19¥ Nortary Public f't! Ordlnanc,fnf. 8147 ~ ~• ;jl;n Ordinance arnel'\dln!J zone . ;()rdlnance ; N~ and. the 1ofHctal map of , City of :~ubbock so a 11) ake':lhe· ,,following cflang~ Zone Case ~ "No. 2312; change lost 1 and 2, •. lliance acres. ad. dition, .City of Lubbock. Lubl)oef( C9unty, Texas from R-1 to 'A·2 zoning, tldlstrlct; Change Ii trac:fof !4lrjd out [bf section 37, Block A~I<. City (If ''Lubbock, Lubbock 'County,, f'Texas. from R-1 to A~2 Zoning ;;'.District; ·111bject to:-eondit~r,ia;' rpr:oviding .. tor .a penalty as )'provided for In section 1 •5 of the ;~ code; pro\lidlng a savings Mi:tauae and provldlng for f,~blication. · . ; •Be It ordained by theCtty Council L of the City of Lubbock: ' " . Change Lots 1 and 2, Alliance i Acre& Addition, City of Lu bbockt ELubbock County, TexasfromR-1. ;. 11 to A-2 zoning district. . :' t Subject to the following , conditions: i; . 1. That II be limited to church !'and church related uses. i' Change a 'tract of land out of 'Section 37, Block A-K,: City of ·:;Lubbock. Lubbock County, i1Texas •. from R-1 to A·2 ;i:onlng Ic11striet. i: Subject ot the. foHowing I.conditions: .. 1. That 'there be rio .windows a\,ove the second story of the ,proposed apartments ' facing ' Frankford Allenue. 2. That ii be •·limited 'to: apartments. • · ·• •· • .) Section 3. That \liolation of any isions of this Ordinance shall be deemed a misdemeanor.by a !tine not to exceed two hundred ~,cfollars as provided lri Section 1-5 t:or the City Code. · . · Section 5. That . 'the Qity Secretary is hereby authol;izedto cause publication .qfi. the descriptive caption of 'this 'Ordinance as an alternative method provided by law. · · And I! Is So Ordered · · .Passed by the City Council on ftrst reading this 12th day of ebNary, 1981. f>assed by the City Council on second reading this 26th day of 'febNery. 1001. · /s/8m McAtister, Mayor 'Attest: ./ll/Evelyu Galfga; City Secretary~ ·Treasurer . · ·. · · "' Approved As To Content ls/Jerrel Northcutt. Administra• :tor · zoning and environmental !Control . . pproved as to form: ls/Susan M. Horton. AfSistant ·, . ii Afton,~ .. NC1.rICE . OF · crn rowcii. HEARING NOI'ICE is hereby given to all interested perscns as provided by law, that. the City Q:Juncil will hold a pub~c hear~ on the 12tb day of Feh°laifi . • 19,81_, at 10:30 a.m., in the City CDuncil Chatrber on the Second Floor o e City Ball in. h1bbock, Texas, to consider the reccmnendations of the Planning and Zoning Cannisf:lion that· the Zoning Ordinance 7084 be amended to amend Sections· of said Zoning ()pilnance · .. as described belCM; and at vhich titre and place all interested persons· will be given an opportunity to be heard, after 'Which hearing, the City Q:Juncil will· dete:mdne ltlether the ·Zoning Ordinance 'Will be anended in accordance with such reccmnendation:. -· ----",,--,. --··~ ~~---__....,.__,;_ _____ ~,-- . ,. ) ZONE CASE NO. 2312 -Request of H. A. Sessions to change Lots 1 and 2, Alttance Acres Addition, and a tract of land QUt of Section 37, Block A-K, City of Lubbock, Lubbock Coun,ty, Texas, from R-1 to A-2 Zonlt,g District. (Located west of Frank-· ford Avenue between 36th and 37th Streets) The undersigned property owners are opposed to the above zoning ordinance ammendment'. The requestor proposes to construct high density efficf ency apartments on these lots and we feel that f~rther increases in the number of apartments in this area,will serve only to_devaluate our property. The area in question was zoned for single family dwellings when we purchased our homes and as taxpayers we have the reasonable right to expect this restriction to continue and that any zoning changes be made in consid- eration of the effect on the entire neighborhood. irft·./?.)fjil ~-__ · V t, lt\ ,st '~1'iv, ff)\YI\ I,,, _l){ 1'J ·-~ ~ j ti ,, ,,4 t.i... t ; ,., [ , ~, .~ FEB 1 ~ 1981 ·W ADDRESS $1"0 9 $-. 7:t:1- S-1709 371/2 · ---------}i~; -~;£ 5'607 Soo6-3) 5./ I :2-3'7-tA.. 5 76 'S--3 g,-:Jb. 5tJGb-3 -1-£1,, -,1;,l, s-e 10-3·7 = s-~ t1 6-, 7 7 t;L .J'-/04 ~ J;llY SECRETARY ADDRESS Jtfe,rf~/14-l~'Tf. ?9f~ ~t: ·,: sSo2-o -:3,~'t-l-z . · .s -;,-?-0 -~ ~ 'c._ &3tJ3 -~~ . L/5/f ?~~ 6a ll I 3 7-t:A_ sr10 r 3 (. c:k_ 5--<g Io-.3 le, f..!3 S<f D 2 -~ 1 :t;t 14;i4 c/fk\·~~ -S°t L/~ .;J'>.t-1~ rc5f'o <Y'-S? d 7 'j 7 -S-3S-2- ; '17 ~S3S-L 11'S'-747ff 716--7y7£1 ·1?~-(:;77f . ' _JC\~. :-_lo J l 'f- 1 C/ ~-:J-y..-;r! 7 f s --¢.s-,-fLf 11.J. -50 <f J -, ct ' -'&1) °' "L -J '1 7 -~ /J f ;),,- r; q 9---~ J.. ~· 'i 7CJ 7-;;:;:,..s-..J .· lt/1-~99? ' . . , !-'- ' . .. 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 a.m in favor of ( j, opposed-to. ( VJ tbe change or zone ·requested by Case No. ~ 3 /;;}_ ' C'c_ My reasons and/or comments are as follows: RECEIVED FEB 9 1981 ZONING DEPT. _IZ,,,;/\., ~~ Signature _U~-·~A ......... it_·_tf}/'--/5-4_~ ___ _ Address j ) / 'J.,--0 '1:51/ Address of prop,r~ed: X81(-3~ )r..,_ \ '-.• 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 Connnission at 762-6411, extension 2114. REPLY to· (;;,-f ·-die change of zone requested ·-··---i-am .. :ln favor· of ~r ): opposed by Case No. ,;L,3 /:).. . cc My reasons and/or comments are as follows: do..,_,_~~ ~~I:.. ~~. RECEIVED FEB 12 1981 ZONING DEPT. Signature Address Address of property owned: Sh q 3l,.-ut::