HomeMy WebLinkAboutOrdinance - 2011-O0016 - AMENDMENT ZONE CASE NO. 1794-J - 01/27/2011First Reading
January 27, 2011
Item No. 6.6
ORDINANCE NO. 2011-00016
Second Reading
February 10, 2011
Item No. 5.17
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1794-J; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO R-2 SPECIFIC USE FOR REDUCED SETBACKS ON LOTS 1-79
PORTOFINO COVE 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:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 1794-J
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 to R-2 Specific Use for
reduced setbacks on Lots 1-7, Portofino Cove Addition, City of Lubbock,
Lubbock County, Texas, located at 96�h Street and Ithaca Avenue, subject to
conditions, and being further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT should the project be converted to townhome development,
and meet the following conditions, that use shall be permitted.
2. THAT front setback shall be a minimum of twenty feet.
3. THAT side setback for the lots adjacent to 96`h Street and Joliet
Avenue may be a minimum of five feet.
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
40.03.3103(x) of Codified Zoning Ordinance No. 7084 on the property described as 961h
Street and Ithaca Avenue, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
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
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of
Ordinance be declared unconstitutional or invalid for any reason, the remainder of
Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
by the City Council on first reading on January 27, 2011
by the City Council on second reading on February 10, 2011
TOM MARTIN, MAYOR
Zone Case No. 1794-J
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AS TO CONTENT:
Director o annf%P( ing /
AS TO FORM:
Weaver
ant City Attomey
Zone Case No. 1794-✓
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