HomeMy WebLinkAboutOrdinance - 2004-O0069 - Amending Zoning Ordinance To Make Changes: Case No. 3013; Multifamily Complex - 05/25/2004First Reading
. May 25. 2004
It: em. No. 15
ORDINANCE NO. 2004-G0069
Second Reading
June 9, 2004
Item No. 24
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3013; A ZONING CHANGE FROM R-2 AND A-2
TO A-3 SPECIFIC USE FOR A MULTIFAMILY RESIDENTIAL COMPLEX ON
LOTS 13-24 AND THE SOUTH 79.46 FEET OF LOTS 1-12, BLOCK 64,
OVERTON ADDITION; LOTS 1-24, BLOCK 65, OVERTON ADDITION; LOTS
20-24, BLOCK 124, OVERTON ADDITION; AND LOTS 1-5 AND 20-24,
, BLOCK 125, 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. 3013
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-2 and A-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 Lots 13-24 and the south 79.46 feet of
Lots 1-12, Block 64, Overton Addition; Lots 1-24, Block 65, Overton
Addition; Lots 20-24, Block 124, Overton Addition; and Lots 1-5 and 20-24,
Block 125, Overton Addition, City of Lubbock, Lubbock County, Texas,
subject to conditions:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the exterior of buildings adjacent to 6th Street will be solid masonry.
The 6th Street "front" of the project is the primary focus.
2. THAT the balance of the building faces are composed of a mixture of brick,
stone, stucco, painted wood, and painted fiber cement siding.
3. THAT the roof is a concrete tile with a trade name "Spanish Antique". It is
similar to the tiles used on the Tech campus on various projects.
4. THAT the closed A venue W will provide a "back" entrance from 4th Street.
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
1 Ordinance, which provides that a Building Permit shall be applied for and secured
1
1 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 and A-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 29-24 (c) (24) of Codified Zoning Ordinance No. 7084 on the property
described as Lots 13-24 and the south 79.46 feet of Lots 1-12, Block 64, Overton
Addition; Lots 1-24, Block 65, Overton Addition; Lots 20-24, Block 124, Overton
Addition; and Lots 1-5 and 20-24, Block 125, 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. 3013
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this 25th day of ___ Ma..._::_y ___ , 2004.
Passed by the City Council on second reading this 9th day of _ _::J:...::un=e.::.._ __ , 2004.
-:)~~ ·~·
T.J. PAJ RSON,MAYORPROTEM
ATTEST:
B_Q~ Ad _))..__ -Reb cca Garza, City Secretaryt5
APPROVED AS TO CONTENT:
1 APPROVED AS TO FORM:
,~, ~L~d~_e_-
unda L. Chamales
Supervising Attorney Office Practice
I, as/cityatt/Linda/ZoneCases/ZC3013 I May 6, 2004
I
Zone Case No. 3013
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