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HomeMy WebLinkAboutOrdinance - 2012-O0008 - Hunn Designs For Zoning Change From IHC To A-2 - 01/26/2012First Reading January 26, 2012 Item No. 6.2 ORDINANCE NO. 2012-00008 Second Reading February 9, 2012 Item No. 5.14 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2163-C; A ZONING CHANGE FROM IHC TO A-2 SPECIFIC USE FOR THREE (3) STORY APARTMENT BUILDING, ON THE SOUTH PART OF THE WEST 369.69 FEET OF LOT A, BLANKENSHIP #2 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 as amended 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 is a minor deviation from the 1986 Comprehensive Land Use Plan as amended, which protects 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 ie Zoning Ordinance and Map have been fully complied with, including giving notices i compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock, exas, 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 ian fifteen (15) days prior to the date of the public hearing before the City Council on -ich proposed amendment, and the public hearing according to said notice, was held in ie City Council Chamber of the Municipal Building, Lubbock, Texas, at which time ersons appeared in support of the proposal; and after said hearing, it was by the City 'ouncil determined that it would be in the public interest, due to changed conditions, that ie Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set )rth in the body of this Ordinance and this Ordinance having been introduced prior to rst reading hereof; NOW THEREFORE: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.2163-C SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are d as follows: A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from IHC to A-2 Specific Use for a three (3) story apartment building on the south part of the west 369.69 feet of Lot A, Blankenship #2 Addition, City of Lubbock, Lubbock County, Texas, located at 2812 4th Street, 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. 2. THAT proof of the recorded cross parking easement prior to a building permit be provided. 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 IHC 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 2812 41n Street, 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 26, 2012 Passed by the City Council on second reading on February 9, 2012 TOM MARTIN, MAYOR Zone Case No. 2163-C page - 2 of 3 ATTEST: (3 - Reber a Garza, City Secretary APPROVED AS TO CONTENT: Randy Henson, i ctor of Planning APPROVED AS TO FORM: a� Chad Weaver Assistant City Attorney ,AyAtt/Chad/Zones/ZC2163-C ary 5, 2012 Zone Case No. 2163-C page - 3 of 3