HomeMy WebLinkAboutOrdinance - 2002-O0138 - Amending Zoning Ordinance To Make Change: Case No. 1756-F; Westhaven Addt. - 12/19/2002First Reading
December 19. 2002
Item No. 31
Second Reading
January 9 • 2003
Item No. 11
ORDINANCE NO. 2002-D0138
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE N0.1756-F; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON A 0.83-ACRE TRACT OF LAND OUT OF SECTION 20, BLOCK A
AND BLOCK 1, WESTRA VEN ADDITION, 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 29-10 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. 1756-F
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 a 0.83-acre
tract ofland out of section 20, Block A and Block 1, Westhaven Addition,
City of Lubbock, Lubbock County, Texas, located at 3115 2nd Street.
METES AND BOUNDS DESCRIPTION of a tract of land located in Section 20,
Block A, Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the South right-of-way line of 2nd Street at the
Northeast comer of Block One, Westhaven Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE South, along the East line of said Block One, at approximately 282.5
feet pass the Southeast comer of said Block One, and continuing for a total
approximate distance of 338.2 feet to a point in the South line of 2nd Street;
THENCE N. 78°42'05" W., along the South right-of-way line of 2nd Place, an
approximate distance of 30.6 feet;
THENCE West, along the South line of 2nd Place, an approximate distance of
419.2 feet to a point in the West right-of-way line of Geneva Avenue;
THENCE North, along the West right-of-way line of Geneva A venue, an
approximate distance of 332.8 feet to a point in the South right-of-way line of 2nd
Street;
THENCE East, at approximately 50 feet pass the Northwest comer of said Block
One, Westhaven Addition to the City of Lubbock, and continuing along the North
line of said Block One and the South right-of-way line of 2nd Street for a total
approximate distance of 449.2 feet to the POINT OF BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. In addition to a solid screening fence that is a Code requirement on the
east boundary, that a solid fence to extend to the south property line of3rd
Street, around the new proposed cul-de-sac, from 2nd Street.
b. The gate in the fence to the cul-de-sac and at the alley should be opened
only on the days that the Lubbock Solid Waste department needs to use the
exit from the alley between 3rd Street and 2nd Place.
c. Royal Properties shall work with the owners of homes on 3rd Street, 2nd
Place, and 2nd Street to block the four and one-half foot "no mans land"
between the adjacent properties.
d. Develop landscaping on the new area along 2nd Street that will provide an
additional buffer for the adjacent single family residential.
e. Royal Properties shall provide additional monitoring of noise related
activities in the parking lots from 10 p.m. to 8 a.m.
f. The project will be tied to the site plan as proposed within Zone Case
1756F with the potential of minor adjustments of the building location.
Zone Case No. 1756-F
page 2 of3
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g. Provide a solid screening fence from the Hartford comer on the west to the
east end of the existing and proposed parking lot along 2nd Street.
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by fine not to exceed Two Thousand and No/1 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.
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 19th day of Dec. , 2002.
ATTEST:
~e.kc,. e,_ ~ Reb cca Garza, City Secretary
APPROVED AS TO FORM:
-y~::;r/' c"_ C.,e:."",~ a , .. ,...,
Linda L. Chamales, Supervising Attorney
Office Practice
MUcityatt/Linda/ZoneCases/ZC1756-F & CCDOC/ZC1756-F
December 9, 2002
Zone Case No. 1756-F
page-3 of3