HomeMy WebLinkAboutOrdinance - 2011-O0121 - Amending Zonin Gord 7084 Zone Case 1923-I Knott Addition - 12/01/2011First Reading
December 1, 2011
Item No. 6.7
ORDINANCE NO. 2011-00121
Second Reading
December 14, 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. 1923-1; A ZONING CHANGE FROM C-2 AND A-1
TO A-2 SPECIFIC USE FOR THREE STORY APARTMENTS, ON TRACT H,
CC KNOTT 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
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 ( l S) 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. 1923-1
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under prov1s1ons of Section 40.01 .005 of the Code of
Ordinances of the City of Lubbod..: from C-2 and A-1 to A-2 Specific Use for
three story ap:lrtmcnts on Trncl II, CC Knott Addition, City or Lubbl)Ck.
Lubbock County, Texas, located at 5550 56th Street, subject to conditions. and
being further described as follows:
SUU.JECT TO THE FOLLOWING CONDITIONS:
I. THAT a cross access and parking casement on the lot cast of Tract H
shall be rcconlcd with the County Clerk prior to issuam·c of a
construction permit.
SECTION 2. Tl IAT the granting of this specific use zoning is lwrcby made
subject to compliance with ull provisions or Zoning Or<linarwc No. 7084. as mm:nded,
induding 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 effccti\ e date of the zone change or all unde\ eloped property
shall automatically revert back to the previous zoning classification, which in this case is
the C-2 and A-1 zone district; an<l 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 uf Section
40.03.3101-40.03 .3103 of CoJified Zoning Ordinance No. 7084 on the property
dcs1:ribcd as 5550 56 th Stn·ct, City uf Lubbock. l.ubbuck County. Texas.
SECTION 3. Tl lJ\T violation of an) provision of this Ordinance shall be deemed
a misdemeanor punishahlc hy line not to exceed Two Thousand and Noll 00 Dollars
($2.000.00) as provided in Section 40.0 l .006 of Lhe Zoning Ordinance of lhe City uf
Lubbock.
SECTION 4. Tl IJ\T should any paragraph. sentem:e. clause. phrase or word of
this Ordinance be dedare<l unconstitutional or invalid l<.)r any reason. the remainder of
this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication or the d1::scriptive caption of this Ordinance as an alternative method provided by l.:iw.
Ai D IT IS SO ORDERED.
Passed by the City Council on first reading on _____ D_e_c_e_m_b_er_l_,'--2_0_1_1 ___ _
Passed by the City Council on seconJ reading on --------------December 14, 2011
~~
TOM MARTIN. MA 'r OR
Zone Case l\o.1923-1
page -2 of 3
ATTEST:
APPROVED AS TO CONTENT:
Randy Henson.
APPROVED A TO FORM: w~
Chad Weaver
Assistant City Attorney
\'w/City/\tLIChau/Zunc /ZC 1913-1
Nowmbcr 7. 2011
Zone Case No. 1923-1
page -3 of 3