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HomeMy WebLinkAboutOrdinance - 2011-O0118 - Amending Zonin Gordinance 7084 Zone Case 2603 Overton Park Addition - 12/01/2011First Reading December 1, 2011 Item No. 6.4 ORDINANCE NO. 2011-00118 Second Reading December 14, 2011 Item No. 5.15 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2603-B; A ZONING CHANGE FROM A-3 SPECIFIC USE TO A-1 SPECIFIC USE FOR TOWNHOMES, ON TRACT B, 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 A valanche-Joumal 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 detennined 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. 2603-B SECTION l. 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 A-3 Specific Use to A-1 Specific Use for townhomcs on Tract B, Overton Park Addition, City of Lubbock, Lubbock County, Texas, located at 2014 Main Street, subject to conditions, and being further described as follows: s B.JECT TO THE FOLLO-WI G CONnn IONS: I. THAT the zone be tied to the proposed site plan wil'l1 the ability to make minor adjustments to avoid parking in the visibility trhmglc. 2. THAT subject to a Traffic Engineering Ocp:1rtmcnt determination, Main Street may be marked ''no parking." 3. THAT the swimming pool may or may not be constructed. 4. THAT the entire Main . treet fronl'agc will be a "lay <lown" curb to allow for the multiple drive entrances. SECTION 2. Tl IAT 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 or the Cm.lificd Zoning Ordinance, which provides that a Building Permit shall be applied for and secured '-Vithin 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 thi; A-3 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 or Codified Zoning Ordinance No. 7084 on the property described as 20 I 4 Main Street. City or Lubbock. Lubbock County. Texas. SECTION 3. Ti I AT violation or any provision of this Ordinance shall bc eke med a misdemeanor punishable by line not to exceed Two Thousand and No/ 100 Dollars ($2,000.00) as provided in Section 40.0 I .006 or the Zoning Ordinance of thi: City or Lubbock. SECTION 4. Tl IAT should any paragraph, si.:ntence. duusi:. phrase or worJ of this Ordinance be declared unconstitutional or invalid for any reaso n, the remainder of this Ordinance shall not be affected thereby. SEC TION j_ THAT the City Secretary is hereby authorized to ca us e publication of the dt:scriptivc caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERl•:D. Passed by the City Council on first reading on December 1, 2011 --------------- Passed by the City Council on second rt:ading on ____ D_e_c_e_m_b_er_l_4----',_2_0_1_1 __ _ ~4?/?/~ T()M MARTIN. MAYOR Zone Case No. ZC2603-B pugc -2 of 3 ATTEST: APPROVED AS TO CONTENT: ~ Randy Henson, APPROVED AS TO FORM : Chad Weaver Assistant City Attorney vw/CityA1t/Chml/lon1: /ZC1ti03-B NovcmlH:r 7. 201 I Zone Case No. LC2603-I3 page -3 or 3