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HomeMy WebLinkAboutOrdinance - 2004-O0067 - Amending Zoning Ordinance - Zone Case No. 3011: Specific Use 3-Story Townhome - 05/25/2004II First Reading May 25, 2004 Item No. 13 ORDINANCE NO. 2004-00067 Second Reading June 9, 2004 Item No. 22 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3011; A ZONING CHANGE FROM R-2 TO A-2 SPECIFIC USE FOR THREE-STORY TOWNHOMES WITH REDUCED FRONT SETBACKS ON LOTS 1-12, BLOCK 56, 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 29-24 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. 3011 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-2 to A-2 Specific Use for three-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 56, Overton Addition, City of Lubbock, Lubbock County, Texas, located at 2201-2223 Main Street, and subject to conditions: SUBJECT TO THE FOLLOWING CONDITION: 1. THAT zoning is tied to the setback as noted on the site plan and the proposed building elevation, 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 56, 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. 3011 page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 25th day of May Passed by the City Council on second reading this 9th day of June ATTEST: enior Planner APPROVED AS TO FORM: Linda L. Chamales Supervising Attorney Office Practice as/cityatt/LindaiZoneCases/ZC30 11 May 6, 2004 Zone Case No. 3011 page-3 of3 '2004. '2004.