HomeMy WebLinkAboutOrdinance - 2012-O0002 - Mcdougal Construction. Zoning Change From R-2 & A-2 To A-3 - 01/12/2012First Reading
January 12, 2012
Item No. 6.1
ORDINANCE NO. 2012-00002
Second Reading
January 26, 2012
Item No. 5.25
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3168; A ZONING CHANGE FROM R-2 AND A-2
TO A-3 SPECIFIC USE FOR APARTMENTS, ON TRACT 6, OVERTON PARK
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, 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:
CBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO.3168
SECTION 1. THAT Ordinance No. 7084 and the Official "Zoning Map are
ended 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-2 and A-2 to A-3 Specific Use for
apartments on Tract 6, Overton Park Addition, City of Lubbock, Lubbock
County, Texas, located at 2211 Mac Davis Lane, subject to conditions, and being
further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zone change be tied to the proposed site plan and elevation
with the ability for minor modifications to the elevations;
2. THAT the requirement for a screening fence on the east side of the
property be waived; and
3. THAT the perimeter wrought iron fence and utilities shall not be
allowed in the visibility triangle.
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-2 and A-2 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
idescribed as 2211 Mac Davis Lane, 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
s Ordinance be declared unconstitutional or invalid for any reason, the remainder of
s Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
f the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
assed by the City Council on first reading on January 12, 2012
'assed by the City Council on second reading on January 26, 2012
TOM MARTIN, MAYOR
Zone Case No. 3168
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TTEST:
Garza, City Secretary
OVED AS TO CONTENT:
Randy Hensoij(fDirector of Planning
APPROVED AS ;,TO FORM:
'had Weaver
City Attorney
Att/Chad/Zones/ZC3168
,er 1.2011
Zone Case No. 3168
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