HomeMy WebLinkAboutOrdinance - 2018-O0035 Zone Case 3032-A - Amending Zoning Ordinance No. 7084 - 02/22/2018First Reading
Second Reading
February 22, 2018 March 8, 2018
Item No. 7.3 Item No. 5.6
ORDINANCE NO. 2Ol R-Oooj s
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3032-A; A ZONING CHANGE FROM R-1
SPECIFIC USE FOR TOWNHOMES AND GARDEN HOMES WITH REDUCED
SETBACKS TO R-1 SPECIFIC USE FOR TOWNHOMES AND GARDEN
HOMES WITH REDUCED SETBACKS AND SITE PLAN REQUIREMENTS, ON
LOTS 1 THROUGH 79, WILSHIRE ESTATES ADDITION, LUBBOCK, TEXAS;
SUBJECT TO REQUIREMENTS; 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 2018 Interim Future Land Use Plan is a guide to help the Lubbock
Planning and Zoning Commission and the 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 is a minor deviation from the 2018 Interim Future Land Use Plan,
which protects the 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 complied with, including giving notices in
compliance with Section 40.01.005 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
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.3032-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as
follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from R-1 Specific Use for Townhomes and
Garden Homes with Reduced Setbacks to R-1 Specific Use for Townhomes
and Garden Homes with Reduced Setbacks and Site Plan Requirements on
Lots 1 through 79, Wilshire Estates Addition, City of Lubbock, Lubbock
County, Texas, located north of Erskine Street and east of Milwaukee Avenue,
subject to requirements.
SUBJECT TO THE FOLLOWING REQUIREMENTS:
1. THAT setback and coverage of non -common area lots shall meet the
development standards for garden homes or townhomes (row housing);
2. THAT each lot shall have two (2) off street paved parking spaces,
exclusive of the garage; and
3. THAT the approval be tied to the site plan submitted with the
application.
SECTION 2. THAT the granting of this specific use zoning is hereby made subject to
compliance with all provisions of Zoning Ordinance No. 7084, as amended, including
particularly, but not limited to, Section 40.03.3102 of the Codified Zoning Ordinance,
which provides that a Building Permit shall be applied for and secured within thirty (30)
months of the effective date of the zone change or all undeveloped property shall
automatically revert back to the previous zoning classification, which in this case is the
R-1 Specific Use zone district; and if such reversion occurs, the Director of Planning is
directed to remove from the Zoning Map the legend indicating such specific use. The
Specific Use authorized by this Ordinance is permitted under provision of Section
40.03.3101-40.03.3103 of Codified Zoning Ordinance No. 7084 on the property
described as north of Erskine Street and east of Milwaukee Avenue, City of Lubbock,
Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars
($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of
Lubbock.
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.
Zone Case No. 3032-A
page -2of3
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 first reading on February 22, 2018
Passed by the City Council on second reading on March 8, 2018
ATTEST:
Reb e
Garza, City Secretary
APPROVED AS TO CONTENT:
{'Ii
Kristen Sager for the Interim Director of Planning
APPROVED AS TO FORM:
vw/CityAtt/Justin/Zones/ZC3032-A
February 1, 2018
DANIEL M. POPE, MAYOR
Zone Case No. 3032-A
page - 3 of 3
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