HomeMy WebLinkAboutOrdinance - 2004-O0092 - Amending Zoning Ordinance Making Changes: Zone Case 3000-A; Overton Addt. - 08/26/2004First Reacting
August 26, 2004
Item No. 35
ORDINANCE NO. 2004-o0092
Second Reading
September 16, 2004
ItemNo. 50
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; A ZONING CHANGE FROM A-2
SPECIFIC USE TO A-3 SPECIFIC USE FOR FOUR-STORY CONDOMINUMS
ON LOTS 1-12, BLOCK 71, 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, 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 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 29-24 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:
1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
'
ZONE CASE NO. 3000-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from A-2 Specific Use to A-3 Specific Use for four-story
condominums 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 2201-2223 Main Street south
side, subject to the following condition:
1. THAT zoning is tied to Site Plan and building elevation No. 3000-A.
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 Specific Use 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.
I
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 l 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
I of this Ordinance shall not be affected thereby.
l
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-A
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on flrst reading this 26th day of August , 2004.
Passed by the City Council on second reading this 16th day of September , 2004.
ATTEST:
£~£-~~
1 R:eeccaoarza; City secretaiY "'
APPROVED AS TO CONTENT:
I 'r;l I . , ' ·l ~~in_.
, Randy Henso~ Senior Planner I
I
APPROVED AS TO FORM:
~~~:->?--> _ _£ ___
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC3000-A
August 5, 2004
~/J1;;;t:-
TOM MARTIN, MAYOR PROTEM
Zone Case No. 3000-A
page-3 of3