HomeMy WebLinkAboutOrdinance - 2004-O0038 - Amending Zoning Ordinance To Make Change: Case 3005 - 03/23/2004First R~ading
March 23, 2004
1 Item No. 54
ORDINANCE NO. 2004-D0038
Second Reading
April 6, 2004
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. 3005; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON AN UNPLATTED PARCEL OF LAND OUT OF SECTION 3,
BLOCK A, LUBBOCK, TEXAS; 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 on R-1 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 29-10 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. 3005
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
I'
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from R-1 to A-2 zoning district on an
unplatted parcel of land out of Section 3, Block A, City of Lubbock, Lubbock
County, Texas, located South of 4th Street and East of Guava Avenue, and
being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SECTION 2. 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 3. 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 4. 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 23al day of __ Ma_rc_h ___ , 2004.
Passed by the City Council on second reading this 6th
ATTEST:
~~~~ Reb ca Garza, City Secretary
Zone Case No. 3005
page-2 of3
.l
APPROVED AS TO CONTENT:
lanner
APPROVED AS TO FORM:
~--(: cV c?A~~-6---~
Linda L. Charnales
Supervising Attorney Office Practice
as/ cityatt/Linda/ZoneCases/ZC3005
March 4, 2004
Zone Case No. 3005
page-3 of 3
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