HomeMy WebLinkAboutOrdinance - 2007-O0060 - Amending Zoning Ordinance 7084. Zone Case 2072-A Overton Addition - 06/26/2007First Reading
June 26, 2007
Itea llo. 5.2
ORDINA NCE NO. 2007...00060
Second :Reading
July 12, 2007
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AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2072-A; A ZONING CHANGE FROM A-2
LIMITED TO CHURCH AND CHURCH RELATED USES TO A-1 SPECIFIC
USE FOR APARTMENTS WITH REDUCED PARKING ON LOT 12, BLOCK
52, OVERTON 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 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. 2072-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from A-2 limited to a church and church related uses to
A-1 Specific Use for apartments with reduced parking under provisions of
Section 29-24 of the Code of Ordinances of the City of Lubbock on Lot 12,
Block 52, Overton Addition, City of Lubbock, Lubbock County, Texas, located
at 2123 15th Street, subject to conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
l. That all of the six units on the second floor shall meet a level of the
construction and fire codes as determined acceptable by the Building
Official and rrre Marshall;
2. The first floor shall be used only in the following manner:
• The area may be partitioned with a door installed in each
partitioned space as storage for the unit above.
• The rll'St floor may remain unused. Doors and windows shall
be blocked as approved by the Building Official. The area
may be used for storage of equipment related to the
maintenance of the facility only and fire ratings shall comply
as approved by the Building Official. The area shall not be
used for any public or social gathering for either the residents
or general public.
3. That the exterior of the building be painted and/or enhanced with
regard to appearance; and
4. That the curb on Avenue V shall be replaced, the parkway and
private portion of the parcel adjacent to A venue V shall be
landscaped, and the sidewalk shall be approved by the Building
Official as acceptable or repaired to an acceptable condition.
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 A-2 limited to a church and church related uses 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 Lot 12, Block 52, Overton
Addition, 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
Zone Case No. 2072-A
page· 2 of3
1 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City
of Lubbock.
II
I 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 26th day of __ ....::J=un=e __ , 2007.
Passed by the City Council on second reading this 12th day of July , 2007 .
. ~/ .. : ;'~¥}[~..#
DA VIDA~MILl:ER, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
~ ~~
Director of Planning
I APPROVED AS TO FORM:
-~~~a--e~
Linda L. Chamales
Senior Attorney Office Practice
vw/cicyarc/Linda/ZoneCases/ZC2072-A
June 27,2007
Zone Case No. 2072-A
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