HomeMy WebLinkAboutOrdinance - 2009-O0094 - Amending Zoning Ordinance To Make Changes: Case 1647-D Transitional Housing - 09/24/2009First Reading
September 24. 2009
Itea No. 6.4
ORDINANCE NO. 2009-o0094
Second Jleadiog
October 8. 2009
Itea No. 5.24
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1647-D; A ZONING CHANGE FROM M-1 TO M-1
SPECIFIC USE FOR TRANSITIONAL HOUSING ON LOT 1, BLOCK 35 AND
LOT 1, BLOCK 36, NELSON BROWN 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 29-29 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 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:
BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 1647-D
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 29-24 of the Code of Ordinances
of the City of Lubbock from M-1 to M-1 Specific Use for transitional housing
on Lot 1, Block 35 and Lot 1, Block 36, Nelson Brown Addition, City of
Lubbock, Lubbock County, Texas, located at 4402 and 4404 Magnolia Avenue,
subject to conditions, and being further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zoning is restricted to Simple Acts Ministry, Dennis Watts,
and Bob Hawes for transitional housing. When the property is sold
or leased to another group or person, the zoning shall revert back to
M-1. Any future transitional housing will submit a new zone case.
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 amend~
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
twenty-four (24) 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 M-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 pennitted under provision of Section 29-
24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described as 4402 and
4404 Magnolia Avenue, 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 Noll 00 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.
Passed by the City Council on first reading this 24th day of Sept:e.ber
Passed by the City Council on second reading this 8th day of October
TOM MARTIN, MAYOR
Zone Case No. 1647-D
page-2 of3
'2009.
, 2009.
ATTEST:
APPROVED AS TO CONTENT:
~s~
tor of Planning
APPROVED AS TO FORM:
~
Chad Weaver
Assistant City Attorney
vw/City Art/Chad/Zones/ZC\647 -D
September 3, 2009
Zone Case No. 1647-D
page-3 of3