HomeMy WebLinkAboutOrdinance - 2006-O0104 - Amendign Zoning Ordinance To Make Changes Case 1897-A; Retail And Office Use - 09/28/2006First Reading
September 28, 2006
Item No. 6.1
ORDINANCE NO. 2006-00104
Second Reading
October 13, 2006
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1897-A; A ZONING CHANGE FROM C-2 AND R-3
TO CB-2 SPECIFIC USE FOR MIXED USE DEVELOPMENT (RETAIL AND
OFFICE) WITH REDUCED SETBACK ON TRACTS 3A AND 3B, 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 29-24 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 bearing, 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. 1897-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from C-2 and R-3 to CB-2 Specific Use for mixed use
development (retail and office) with reduced setback under provisions of Section
29-24 of the Code of Ordinances of the City of Lubbock on Tracts 3A and 3B,
Overton Park Addition, City of Lubbock, Lubbock County, Texas, located
north of Mac Davis Lane and east of University A venue, and subject to
conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the project is tied to a site plan and building elevation approved at
the Council first reading with some ability to move one or several of the
buildings as the details of the project mature; or
2. THAT the applicant will provide the Commission a site plan and
building elevation for "other business approval when the plans are
complete.
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 29-24 of the Codified Zoning
Ordinance, which provides that a Building Pennit 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 C-2 and R-3 zone districts; 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 pennitted under provision of
Section 29-24 (c) (24) of Codified Zoning Ordinance No. 7084 on the property
described as Tracts 3A and 38, Overton Park Addition, 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 29-31 of the Zoning Ordinance of the City
of Lubbock.
SECTION 4. THAT should any paragraph, sentence, 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 5. 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. 1897-A
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 28th day of September , 2006.
Passed by the City Council on second reading this 13th day of October , 2006.
ATTEST:
~~-&-,-~C--C' Reecca Garza, City Secretiiy t
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC 1897-A
September 7, 2006
Zone Case No. 1897-A
page-3 of3
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Ashley C. McGaha
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a Notary Public In and for Lu bock County, Texas on this
day personalty appeared Krista Ramirez -----------------
Inside Sales Manager
LUBBOCK AVALANCHE-JOURNAL
Morris Communication Corporation
Subscribed and swom to before me this
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my commission Expires
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