HomeMy WebLinkAboutOrdinance - 2003-O0079 - Amending Zoning Ordinance: Case 2979; Multifamily Residential Complex; Overton - 07/24/2003First Reading
July 24,. 2003
Item No. 25
ORDINANCE NO. 2003-00079
Second Reading
August 6,, 2003
Item No. 14
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2979; A ZONING CHANGE FROM A-2 AND R-2 TO
A-3 SPECIFIC USE FOR A MULTIFAMILY RESIDENTIAL COMPLEX ON
TRACT 4, 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 compiled 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 A valanche-Joumal 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
Ordinances 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. 2979
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from A-2 and R-2, to A-3 Specific Use for a multifamily
residential complex under provisions of Section 29-24 of the Code of Ordinances
of the City of Lubbock on Tract 4, Overton Park Addition, City of Lubbock,
Lubbock County, Texas, located at South of 8th Street between Ave. W and
Ave. X, and subject to conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. Zoning tied to the Site Plan 2979 for building and parking locations.
b. Zoning tied to the building elevations labeled Elevation Plans 2979.
c. The exterior ofbuildings 1,2, and 9 adjacent to Avenue X, Avenue W, 8th
Street and the portions fronting the main entry from 8th Street shall be only
masonry or stucco.
d. The balance of the building faces are detailed in the elevations adopted in
b above.
e. The roof tile has a trade name of"Spanish Antique" and is required on the
entire project.
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 A-2 and R-2 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 permitted under provision of Section 29-
13(e) of Codified Zoning Ordinance No. 7084 on the property described as Tract 4,
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 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 ___ Ju_l-=y ___ , 2003.
ATTEST:
VICTOR HERNANDEZ, MAYOR PRO TEM
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Zone Case No. 2979
page -2 of 3
APPROVED AS TO FORM:
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Linda L. Chamales, Supervising Attorney
Office Practice
sh/cityatt/Linda/ZoneCases/ZC2255-L& CCDOC/ZC2979
July 1, 2003
Zone Case No. 2979
page 3 of3