HomeMy WebLinkAboutOrdinance - 2002-O0083 - Amending Zoning Ordinance To Make Changes: Zone Case 2941 - 08/29/2002,,
First Reading
August 29, 2002
Item No. 71
Second Reading
September 17, 2002
Item No. 21
ORDINANCE NO. 2002-00083
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2941; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON AN UNPLATTED 12.287-ACRE TRACT OF LAND OUT OF
SECTION 10, BLOCK J-S 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 consideration, 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 R-1 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 compiled 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 (Vernon, 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
Ordinances 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. 2941
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 R-1 to A-2 zoning district on an
unplatted 12.287-acre tract of land out of Section 10, Block J-S, City of
Lubbock, Lubbock County, Texas, located on the Southwest corner of
Milwaukee Ave. and 9th Street, subject to conditions and being further
described as follows:
METES AND BOUNDS DESCRIPTION of a tract located in Section 10,
Block J-S, Lubbock County, Texas, said tract containing approximately
12.287 acres and being further described as follows:
BEGINNING at a point in the westerly right-of-way line of Milwaukee
Avenue, said point bearing South an approximately distance of 2,178.15 feet
and S. 89°56'39" W. and approximant distance of 56.22 feet from the
Northeast corner of said Section 10, Block J-S, Lubbock County Texas;
THENCE S. 89°56'39" W. approximate distance of 343.87 feet to a point;
THENCE S. 00°00'33" W. an approximate distance of 458.00 feet to a point;
THENCE S. 89°55'35" W. an approximate distance of 430.75 feet to a point;
THENCE N. 00°03'12" W. an approximate distance of 893.15 feet to a point;
THENCE S. 89°59'57" E. an approximate distance of 775.41 feet to a point in
the westerly right-of-way line of Milwaukee Avenue;
THENCE S. 00°00'26" W., along said westerly right-of-way line of
Milwaukee Avenue, an approximate distance of 434.26 feet to the POINT OF
BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. A solid screening fence shall be installed on 11th Place with a
proper vision triangle cut off at Monticello.
2. A wrought iron/brick pier fence may be located on the rest of
the perimeter on the property line with proper vision triangle
cut-offs.
SECTION 2. THAT violation of any provision ofthis Ordinance shall be deemed
a misdemeanor punishable by fine not to exceed Two Thousand and Noll 00 Dollars
($2,000.00) as provided in Section 29-31 of the 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. 2941
page-2 of3
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 this 29thday of August , 2002.
ATTEST:
b?~Jb~-Rebecca Garza, City Secretary ~
APPROVED AS TO FORM:
~~~c~~~--
Linda L. Chamales, Supervising Attorney
Office Practice
TK/CCDOCS/CITYATIILINDA/zc2941
August 13, 2002
Zone Case No. 2941
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