HomeMy WebLinkAboutOrdinance - 8408-1983 - Amnd. Zoning Ord. #7084 And Lubbock Map Changes: Zone Case #2390 - 02/24/1983ORDINANCE NO. 8408
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. 2390;
CHANGE A PART OF THE WEST HALF OF LOT 10, LOWERY SUBDIVISION, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS FROM R-1 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PRO-
VIDING 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 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. 2390
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby amended as follows, to-wit:
Change a part of the west half of Lot 10, Lowery Subdivision, City of
Lubbock, Lubbock County, Texas from R-1 to M-1 Zoning District, located at
Brownfield Road and Dover Avenue and subject to conditions, being more
particularly described as follows:
BEGINNING at a found 3/8" iron rod, the Northeast corner of the West 1/2
of Lot 10, Lowery Subdivision, for the Northeast and beginning corner of
this tract, whence the Northwest corner of Lot 1-C, Westmoreland Addition,
bears South 36°26'05" East, 30.08 feet;
THENCE South 36°26'05" East, 227.75 feet to the Southwest corner of Lot
1-C, Westmoreland Addition, for the Southeast corner of this tract;
THENCE South 53°39'00" West, 114.0 feet to a point, the Southwest corner
of Lot 1, Block 12, Westmoreland Addition and the Southwest corner of this
tract;
THENCE North 36°27'45" West, 218.16 feet to a 3/8" iron rod, set for the
Northwest corner of Lot 1, Block 12, Westmoreland Addition, and the North-
west corner of this tract;
THENCE North 48°50'50" East, along the South R.O.W. line of Brownfield
Road, 114.49 feet to the Place of Beginning.
Containing 0.58 acres.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. That 5% of the developmental lot shall be landscaped.
b. That the use be limited to architectural millworks.
c. That no outside storage or display be allowed.
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 City Council on first reading this
Passed by City Council on second reading t
ATTEST:
APPROVED AS TO CONTENT:
Northcutt, Administ ator
and Environmental Control
APPROVED AS TO FORM:
Susan M. Horton, Assistant City Attorney
:;;,,,,-~r.7::11,,..
M E M 0
February 10, 1983
TO: Susan Horton -Legal
RE: Ordinance 8408 -ZC 2390
(#24 on the 2/10/83 Agenda}
Appeal of Charles E. Huntft to change the west half of lot JO,
Lowery Subdivision, from ~1 to R-2 and M-1 zoning districts, located
at Brownfield Road and Dover Avenue.
Proponent indicated that due to neighborhood opposition, there had
been a compromise reached and the tract requested for R-2 had been
deleted from the request leaving only the H-1 tract in the zone
request. {the front half}.
B/Henry
5/0
Overturn P&Z subject to the following conditions:
1. The tract abutting Brownfield Highway be rezoned
M-1, deleting the tract requested for R-2, contingent
on an alley being dedicated between the two tracts
and closing the alley existing on the east (?} to be
handled through the platting process;
2. that 5% landscaping be required for the entire
project;
3. That only architectural millworks will be allowed
in the.expansion;
4:., :That a masonry· fence be constructed on the south
and east side of the building.
The neighborhood representative indicated these conditions were
satisfactory and they would withdraw their opposition.
NOTE TO SUSAN: ; My notes indicated a condition that no outside s tor.age
or display would be per~itted; however, this was not mentioned in the
testimony, by staff nor in the motion.
Please revise for 2/24/83.
EVELYN GAFFGA, C.S.
SMH/mck ORDINANCE NO. 8408
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. 2390;
CHANGE THE WEST HALF OF LOT 10, LOWERY SUBDIVISION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS FROM R-1 TO R-2 AND M-1 ZONING DISTRICTS; 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 change
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, am.ended 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 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. 2390
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby amended as follows, to-wit:
Change the _west half of Lot 10, Lowery Subdivision, City of Lubbock,
Lubbock County, Texas from R-1 to R-2 and M-1 Zoning Districts, located
at Brownfield Road and Dover Avenue.
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 City Council on first reading this 10th day of February , 1983.
Passed by City Council on second reading this day of , 1983. ---___ ;...... __
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary-Treasurer
APPROVED AS TO CONTENT:
Northcutt, Administrator
and Environmental Control
APPROVED AS TO FORM:
Susan M. Horton, Assistant City Attorney
-~?r~~f£~JfiJi~J~HcKee a Notarv Public in and for WbbocJt. Texas on 1h15 d~v ·
personally appeared Twi I a Auf 11 I , Acco urit Manaee r of the S~uthwestern Newspa-
pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Lea!a I Notice-221 word&ta60t Per
word-$132.60 No. 647517 at Lubbock County. Texas and the attached print-
ed copy of the Not 1 ce is a true copv of the or)_ginal and was printed in the Lubbock
Avalanche-.Journal on the following dates: Feb rua rY 26 &: March 5 • 198;:s.
Account Manal!er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn ~-o before me this l!.!:!__ day of _M_a_r_c_h ____ 19 83 \
FORM5S.10
80HNII fltJCEE, NOTAR'I PUeuc
IN ANO FOR THE STAT£ er TOAS
ICY ~M1SS10N D.PIRES NOV. 10, 198'
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