HomeMy WebLinkAboutOrdinance - 8264-1981 - Amend. Zone Ord. #7084 And Lubbock Map For Changes: Zone Case #2002-A - 12/10/1981I ~1 ,~~, otC .,. .
"·
SMH:cl ORDINANCE N0. __ 8_2.6_4 _____ _
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. 2002-
A; CHANGE A TRACT OF LAND OUT OF LOT 13, BLOCK 30, OVERTON ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 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 COT111I1ission 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 change
in zoning; and
WHEREAS, all condi.tions 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 pro-
posal; 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, 2002-A
SECTION 1. THAT Ordinance No. 7084 and·the Official Zoning Map Be and
the same are hereby amended as follows, to-wit:
Change Lot 13, Block 30, Overton Addition, to the City of Lubbock, Lubbock
County, Texas from R-2. to A-2 Zoning District,
SUBJECT TO THE FOLLOWING CONDITIONS:
a. That it be limited to a triplex development.
b. That four parking spaces be provided at the rear of the lot with
access off of the alley, and one parking space be provided at the
front of the lot off of 8th Street.
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 publi-
cation 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 FORM:
Susan M. Horton, Assistant City Attorney
1981.
1981.
,
~~\ti
t\il $i.tl£t~\l1
I
·!
I I I
i,.
' I
!ti !
? I < I \
I
I I i ! I i
/
' , ~ : -~------:---.:..,___ . ' I .. --··-----__ :::;--.1-'. ~·
, : i ' ·. !
I t !
1:o-i·.--~
I . I
I
I
' 1.
i
' . I
. \
-,
i'
, , ,
l I t •~ !N
; ·-,, I
. ' ,,
l :.' ',
I -~ . ( .
The Planning and Zoning Commission recommends this request be approved.
subject !£_ ~ following conditions:
a, That !!_ be limited !£_ !. triplex development;
b. That the parking space in the visibility triangle be
eliminated ~_five parking spaces will be provided
~ the paved alley.
In accordance with Notice published in the Lubbock Avalanche-Journal, on
November 24, 1981, a public hearing was held on the above matter.
Proponent: Edwin M. O'Connor III
The proponent's request is for A-2 (apartment zoning} on a single lot in
North Overton Addition. Adjacent land uses are: A-2 on the North, and R-2 on
the South, East and West, The primary concern before P & Z was that the lot
has less than 100' frontage, which is a requirement of the Zoning Ordinance,
and the required parking is shown as head-in parking off of the street,
which would qualify as "off-street parking". This is a corner lot and access
may be had from the alley, Therefore, P & Z recommended that the site plan
remove the parking from the front yard and require that it come off of the
alley,
Proponent stated that it was not his understanding that all five parking
spaces be at the rear of the building with access from the alley, as stated
in the Agenda, and his concern was whether or not there was adequate space
at the rear of the lot for all five spaces. It was the proponent's plan to
have one or two parking spaces at the front, with the remainder in the back.
The proponent's understanding differed from the staff's understanding at the
P & Z hearing, and the Mayor recessed.the hearing at 10:37 to allow both
staff and proponent to listen to the tape of the, P & Z hearing for clarification,
Upon reconvening at 11:00 a,m., the tapes of the P & Z hearing indicated that
one space would be allowed on 8th Street, the front of the lot, and four
spaces were recommended at the rear of the lot, with access from the alley,
Proponent concurred with this recommendation.
There being no further discussion nor opposition, the hearing was closed,
\~· ~
The motion was made by Mayor Pro Tem Henry, seconded Council,woman.Baker to
uphold P & Zand approve the above request, and stipulated;that,{our parking
spaces would.be at the rear of the lot with access off of the alley, and one
parking space be allowed at the front of the lot off of 8th Street. ; Motion
carried: 4 Yeas; 0 Nays; Counciiman Aderton absent. (no site plan submitted
to be filed in the City Secretary's Office)
13.
SMH:cl ORDINANCE N0., __ 8:::.:2::.:6:.;;:4 _____ _
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. 2002-A;
CHANGE A TRACT OF LAND OUT OF LOT 13, BLOCK 30, OVERTON ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 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 ms.de 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, ID.Orals, 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 Counci
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, Lub-
bock, 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. 2002-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map Be and
the same are hereby amended as follows, to-wit:
Change Lot 13, Block 30, Overton Addition, to the City of Lubbock, Lubbock
County, Texas from R-2 to A-2 Zoning District.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. r· That it be limited to a triplex development.
That the parking space in the visibility triangle be eliminated and!
five parking spaces will be provided off the paved alley. ../
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.
-. The State of Texas
County of Lubbock
Before me, Gilberto 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. 8264 at Lubbock County, Texas and the attached
printed copy of the City Ordinance is a true copy of the ori-
ginal and was _p_rinted in El Editor on the following dates:December 18 and 25, 1981 •
El~~
Amigo Publications
Subscribed· and sworn to before me this L£i:JLday of ~JIJ/4.· , 198Jl.
Notary Public