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HomeMy WebLinkAboutOrdinance - 2024-O0088 - Zone Case 2016-E - 06/11/2024First Reading May 28, 2024 Item No. 8.5 012DINANCE NO. 2024-00088 Second Reading June 11, 2024 Item No. 6.1 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2016-E; A ZONING CHANGE FROM MDR TO HDR ZONING DISTRICT AT 2401 THROUGH 2413 14TH STREET AND 2402 THROUGH 2416 15TH STREET, LOCATED EAST OF UNIVERSITY AND SOUTH OF 14TH STREET, OVERTON ADDITION, BLOCK 102, LOTS 1 THROUGH 7 AND LOTS 17 THROUGH 24 AND THE PORTION OF ALLEY BETWEEN LOTS 1 THROUGH 7 AND LOTS 18 THROUGH 24, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO REQUIREMENTS; 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 City Council of the City of Lubbock further finds that the proposed zoning change is not arbitrary or capricious or unreasonable; that the nature of the proposed zoning change is substantially consistent with neighboring properties, including Texas Tech University, abundant nearby rental properties, and even new construction; that the proposed zoning change is suitable for the surrounding area; that, considering the general welfare of the entire City of Lubbock, the proposed zone change is beneficial for the community; and that the proposed zoning change would allow the construction of property that would increase thc tax base for the Lubbock Independent School District and the City of Lubbock, thus benefiting the education of local residents and City services to the surrounding area, respectively; and WHEREAS, the 2040 Future Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and the City Council determine the physical dcvelopment 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 2040 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 39.07.007 of the Unified Development Code, 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; and WHEREAS, the City Council, by three fourths vote in accordance with Section 211.006(� of the Texas Local Government Code, voted to approve the proposed changes in Zoning; NOW THEREFORE: BE IT ORDAINEll BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2016-E SECTION 1. THAT Ordinance No. 2023-00054 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 39.07.032 of the Unified Development Code of the City of Lubbock from MDR to HDR zoning district at 2401 through 2413 14�h Street and 2402 through 2416 15"' Street, located cast of University and south of 14'h Street, Overton Addition, Block 102, Lots 1 through 7 and Lots 17 through 24 and the portion of alley betwcen Lots 1 through 7 and Lots 18 through 24, City of Lubbock, Lubbock County, Texas, subject to requirements. SUBJECT TO THE FOLLOWING REQUIREMENTS: 1. THAT the zoning change is approved only for the development in accordance with the site plan attached hereto as "Exhibit A" and incorporated herein. SECTION 2. THAT violation of any provision of this Ordinance shall be deemcd a misdemeanor punishable by fine not to exceed Two Thousand and No1100 Dollars ($2,000.00) as provided in Section 39.09.004 of the Unifed Development Code of the City of Lubbock. SECTION 3. THAT should any paragraph, sentcnce, 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. Zone Case No. 2016-E Page - 2 AND YT IS SO ORDERED. Passed by the City Council on first reading on Mav 28, 2024 Passed by the City Council on second reading on June 11. 2024 ATTEST: .� � Courtney Paz, City Secretary APPROVED AS "CO CONTENT: Sager, Director �' Planning r:���z�ii��� r���r:� � Kelli Leisure, Senior Assistant City Attorney vw;cityatt/KeIlilZoneCase1ZC2016-E 6. � 1.24 meeting 06. 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