HomeMy WebLinkAboutOrdinance - 2004-O0093 - Ordinance Amending: Zone Case 2603-A; Overton Addt. - 08/26/2004First Reading
August 26, 2004
Item No. 36
ORDINANCE NO. 2004-oo093
Second Reading
September 16,2004
ItemNo. 51
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2603-A; A ZONING CHANGE FROM R-2 AND GO
TO A-3 SPECIFIC USE FOR FOUR-STORY CONDOMINUMS ON LOTS 13-24,
BLOCK 40, 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 I 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
1• help the Lubbock Planning and Zoning Commission and City Council determine the
:jphysical development of the community; however, planning is a continuous process and
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change is inevitable; and
I 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
l 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
I Council determined that it would be in the public interest, due to changed conditions,
i that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter
II set forth in the body of this Ordinance and this Ordinance having been introduced prior
to first reading hereof; NOW THEREFORE:
IBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: .
ZONE CASE NO. 2603-A
II
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SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-2 and GO 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 13-24, Block 40, Overton Addition, City of
Lubbock, Lubbock County, Texas, located at 2100 Block Main Street, North
Side between Avenues T & U, subject to the following condition:
1. THAT zoning is tied to Site Plan and building elevation No. 2603-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
j property shall automatically revert back to the previous zoning classification, which in
this case is the R-2 and GO zone districts; and if such reversion occurs, the Director of
Planning is directed to remove from the Zoning Map the legend indicating such specific
juse. The Specific Use authorized by this Ordinance is permitted under provision of
,11Section 29-24 (c)(24) of Codified Zoning Ordinance No. 7084 on the property
described as Lots 13-24, Block 40, Overton Addition, City of Lubbock, Lubbock
1County, Texas.
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SECTION 3. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by fme 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
i publication of the descriptive caption of this Ordinance as an alternative method
' provided by law.
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this 26th day of August , 2004.
I Passed by the City Council on second reading this 16th day of September , 2004.
! ATTEST:
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Rebecca Garza, City Secretary 'b
APPROVED AS TO FORM:
'--~c.=;Yc?~~~--
Linda L Chamales
1 Senior Attorney Office Practice
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I as/cityatt/Linda/ZoneCases/ZC2603-A
1 August 5, 2004
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TOM MARTIN, MAYOR PRO TEM
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