HomeMy WebLinkAboutOrdinance - 2004-O0039 - Amending Zoning Ordinance Making Changes: Case 3000, 3-Story Townhomes - 03/23/2004First Reading
March 23" 2004
Item No. 49
ORDINANCE NO. 2004-o0039
Second Reading
Apri1 6, 2004
Item No. 32
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3000; A ZONING CHANGE FROM R-2 TO A-2
SPECIFIC USE FOR 3-STORY TOWNHOMES WITH REDUCED FRONT
SETBACKS ON LOTS 1-12, BLOCK 71, OVERTON ADDITION, 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 I presented to the Planning and Zoning Commission for its recommendation which was
1 not 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 is a guide to help the
. Lubbock Planning and Zoning Commission and City Council (as amended) 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); 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 29-24 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 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. 3000
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
I i
A change of zoning from R-2, to A-2 Specific Use for 3-story townhomes with
reduced front setbacks under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock on Lots 1-12, Block 71, Overton Addition,
City of Lubbock, Lubbock County, Texas, located at South of Main Street
between Avenue V and Avenue W.
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-2 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 Lots
1-12, Block 71, 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 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 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.
Zone Case No. 3000
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23nl day of __ Ma_r_c_h ___ , 2004.
Passed by the City Council on second reading this 6th da
ATTEST:
g~A'~/ .. ~
Re cca Garza, C1ty Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~~-cY~~~<
Linda L. Chamales
Supervising Attorney Office Practice
as/ cityatt/Linda/ZoneCases/ZC3000-1
March 4, 2004
Victor Hernandez, Senior Council
Zone Case No. 3000
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