HomeMy WebLinkAboutOrdinance - 2008-O0011 - Amending Zoning Ordinance To Make Changes: Zone Cae No. 3101 Shopping Center - 01/24/2008First Reading
January 24~ 2008
Item Bo. 5.4
ORDINANCE NO. 2008--ooou
Second Reading
February 14, 2008
Item No. 5.7
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3101; A ZONING CHANGE FROM R-1 TO C-2
SPECIFIC USE FOR A SHOPPING CENTER WITH A REDUCED FRONT
SETBACK~ 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 29-29 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. 3101
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1 to C-2 Specific Use for a shopping center with a
reduced front setback under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock on Lot 1-A, Freeway Addition, City of
Lubbock, Lubbock County, Texas, located at 5201 University Avenue, subject
to conditions, and being further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zoning be tied to the proposed site plan with the reduced
setback from 53n1 Street.
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 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 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
29-24 (c) (24) of Codified Zoning Ordinance No. 7084 on the property described as
5201 University Avenue, City of Lubbock, Lubbock County. Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by fme 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.
AND IT IS SO ORDERED.
Zone Case No. 3101
page-2of3
Passed by the City Council on first reading this 24th day of _---=.;Jan=ua=.ry.~-_, 2008.
Passed by the City Council on second reading this 14th day of February
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney Office Practice
vw/cityatt/Linda/ZoneCases/ZC31 01
January I 0, 2008
Zone Case No. 3101
page-3 of3